Extraterritorial Immigration Control (Immigration and Asylum by forthcoming, Bernard Ryan, Valsamis Mitsilegas

By forthcoming, Bernard Ryan, Valsamis Mitsilegas

This paintings analyses the criminal demanding situations posed by way of modern practices of extraterritorial immigration keep watch over: visas, pre-embarkation exams and the interception of abnormal migrants. It examines the overseas legislation framework, and gives case-studi

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As a consequence, the primary role of officials from the state of destination is not to take a decision on whether the individual should be admitted to the state’s territory. Rather, the destination state’s primary objective is to prevent migrants from reaching the state’s territory by irregular means. 109 110 111 112 113 Scholten and Minderhoud, 138. Department of Homeland Security, “United States and Spain Formalize Arrangement to Interdict High-Risk Travelers”, press release, 1 July 2009. For a discussion of the latter dimension, see Erika Feller, “Carrier Sanctions and International Law” International Journal of Refugee Law 1 (1989): 48.

Sections 245A–245H of the Migration Act 1958, inserted by the Border Protection Legislation Amendment Act 1999 and Andreas Schloenhardt, “Australia and the Boat People: 25 Years of Unauthorised Arrivals” University of New South Wales Law Journal 23 (2000): 33, 52–53. 154 In particular, it permitted the boarding of foreign vessels in Australia’s contiguous zone, and of vessels without nationality on the high seas, and allowed the ‘hot pursuit’ of a vessel which left the contiguous zone for the high seas.

156 During the period immediately after the Tampa incident, the Australian authorities also sought to tow vessels and their passengers back to Indonesia. 160 Australia’s ‘Pacific solution’ again shows how the desire to avoid international and domestic legal guarantees can lead to extraterritorial immigration control practices. The occasional tow-backs to Indonesia were plainly motivated by the desire to avoid any legal responsibility for asylum seekers and recognised refugees. 154 155 156 157 158 159 160 For a discussion of the law of the sea and migration control see the contribution by Richard Barnes to this volume.

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