The Criminalisation of Unauthorised Immigrants: How Does Immigration Detention Become Punishment?

Asylum seekers and refugees are some of the most vulnerable people in the world. The sad reality is, they invite differing opinion towards them and are often considered as a burden to society. Despite having a structured and comprehensive international legal framework for the protection of these vul...

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Main Author: Albin, Tracy
Format: Student Work
Published: Curtin University 2017
Online Access:http://hdl.handle.net/20.500.11937/57645
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author Albin, Tracy
author_facet Albin, Tracy
author_sort Albin, Tracy
building Curtin Institutional Repository
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description Asylum seekers and refugees are some of the most vulnerable people in the world. The sad reality is, they invite differing opinion towards them and are often considered as a burden to society. Despite having a structured and comprehensive international legal framework for the protection of these vulnerable people, many modern state practices fall short of the prescribed standards. On that backdrop, this paper focuses on the increasing convergence of criminal justice and immigration law, which has been colloquially named ‘crimmigration’, and is a recent topic of study for many scholars. It is argued by some writers that the practice of immigration detention is fundamentally modelled, and indeed operated, on the three fundamental principles of criminal justice: deterrence, retribution and punishment. This paper will demonstrate how different aspects of immigration detention reflect these principles, resulting in the criminalisation — and ultimately the punishment — of unauthorised immigrants in Australia, the United States and the United Kingdom.
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spelling curtin-20.500.11937-576452022-04-20T02:52:22Z The Criminalisation of Unauthorised Immigrants: How Does Immigration Detention Become Punishment? Albin, Tracy Asylum seekers and refugees are some of the most vulnerable people in the world. The sad reality is, they invite differing opinion towards them and are often considered as a burden to society. Despite having a structured and comprehensive international legal framework for the protection of these vulnerable people, many modern state practices fall short of the prescribed standards. On that backdrop, this paper focuses on the increasing convergence of criminal justice and immigration law, which has been colloquially named ‘crimmigration’, and is a recent topic of study for many scholars. It is argued by some writers that the practice of immigration detention is fundamentally modelled, and indeed operated, on the three fundamental principles of criminal justice: deterrence, retribution and punishment. This paper will demonstrate how different aspects of immigration detention reflect these principles, resulting in the criminalisation — and ultimately the punishment — of unauthorised immigrants in Australia, the United States and the United Kingdom. 2017 Student Work http://hdl.handle.net/20.500.11937/57645 10.4225/06/59759a01ea045 Curtin University fulltext
spellingShingle Albin, Tracy
The Criminalisation of Unauthorised Immigrants: How Does Immigration Detention Become Punishment?
title The Criminalisation of Unauthorised Immigrants: How Does Immigration Detention Become Punishment?
title_full The Criminalisation of Unauthorised Immigrants: How Does Immigration Detention Become Punishment?
title_fullStr The Criminalisation of Unauthorised Immigrants: How Does Immigration Detention Become Punishment?
title_full_unstemmed The Criminalisation of Unauthorised Immigrants: How Does Immigration Detention Become Punishment?
title_short The Criminalisation of Unauthorised Immigrants: How Does Immigration Detention Become Punishment?
title_sort criminalisation of unauthorised immigrants: how does immigration detention become punishment?
url http://hdl.handle.net/20.500.11937/57645