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The dangers of character tests under Australian migration laws

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Harris-Rimmer, Susan

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The Law Book Company

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This article describes the rise of character provisions in Australian migration laws over the last 10 years. The article finds that character tests are often framed in subjective terms and are part of executive decision-making, raising issues of transparency and accountability. This phenomenon has been incremental, which is why it is important to pause and reflect on the changes over the last decade. The mishandling of the Haneef case highlights converns about due process and privacy, as well as several exammples of criminal deportations leading to harm or fatalities.

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Australian Journal of Administrative Law

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