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November 12, 2022

Immigration Detention tutorial exercise

A. Immigration Detention tutorial exercise

Mariam is 13. She has just arrived alone at Sydney airport from Saudi Arabia. Her tourist visa has been cancelled by the border force officers at the airport. She has called you for legal advice. She wants to apply for a protection visa so as not to be returned home, but she is concerned about Australia’s policy of mandatory immigration detention. Advise her on the following points:

a) What is likely to happen to Mariam? Refer to the Migration Act in your answer.

b) What are the relevant cases that may impact what happens to Mariam if she is detained?

c) If Mariam is detained, is an immigration detention facility the only option for her?

d) If Mariam is detained, would her detention be lawful under international law – why or why not?

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