Professor Susan Kneebone

Publications

2010

Kneebone, S, ‘Controlling migration by sea: the Australian case’ in Bernard Ryan and Valsamis Mitsilegas (eds), Extraterritorial Immigration Control: Legal Challenges (Koninklijke Brill NV, 2010), 347-374.

Kneebone, S, ‘Refugees and displaced persons: the refugee definition and 'humanitarian' protection’ in Sarah Joseph and Adam McBeth (eds), Research Handbook on International Human Rights Law (Edward Elgar Publishing Ltd, 2010), 215-240.

Kneebone, S and Debeljak, J, ‘Combating transnational crime in the Greater Mekong Subregion: the cases of Laos and Cambodia’ in Trafficking and Human Rights: European and Asia-Pacific Perspectives (Edward Elgar Publishing Ltd, 2010), 133-152.

Kneebone, S, ‘Governance beyond boundaries’ (2010) 29(1) Refugee Survey Quarterly 1-11.

Kneebone, S, ‘The governance of labor migration in Southeast Asia’ (2010) 16(3) Global Governance 383-396.

Kneebone, S, ‘The refugee trafficking nexus: making good (the) connections’ (2010) 29(1) Refugee Survey Quarterly 137-160.

Kneebone, S, ‘The trafficking-refugee nexus: when return and reintegration becomes refoulement’ (2010) July 2010 Alliance News 24-26

2009

Kneebone, S Y, Refugees, Asylum Seekers and the Rule of Law. Cambridge University Press, Cambridge, UK, (2009)

Kneebone, S Y, ‘Trois figures de la femme: actrice, victime et réfugiéé. Contribution au débat sur la traite des personnes’, in Francois Crepeau, Delphine Nakache at Idil Atak (Eds.) Les migrations internationales contemporaines: Une dynamique complexe aucoeur de la globalisation. Montreal University Press, Montreal, Canada, (2009) 39-69

Kneebone, S Y, ‘The Australian story: Asylum seekers outside the law’, in Susan Kneebone (Eds.) Refugees, Asylum Seekers and The Rule of Law: Comparative Perspectives. Cambridge University Press, Cambridge, UK, (2009), 171-227

Kneebone, S Y, ‘The rule of law and the role of law: Refugees and asylum seekers’, in Susan Kneebone (Eds.) Refugees, Asylum Seekers and the Rule of Law: Comparative Perspectives. Cambridge University Press, Cambridge, UK, (2009), 32-77

Kneebone, S Y, ‘Conclusion on the rule of law’, in Susan Kneebone (Eds.) Refugees, Asylum Seekers and the Rule of Law: Comparative Perspectives. Cambridge University Press, Cambridge, UK, (2009), 281-309

Kneebone, S Y, ‘Introduction: Refugees and asylum seekers in the international context - rights and realities’, in Susan Kneebone (Eds.) Refugees, Asylum Seekers and the Rule of Law: Comparative Perspectives. Cambridge University Press, Cambridge, UK, (2009), 1-31

Debeljak, J F, Kneebone, S Y, Cullen, M, & Ransom, M A, 2009, Submitted a background paper for workshop, Published by Castan Centre for Human Rights, Monash University, 1-39, 9th September 2009 titled 'The legislative framework for combating trafficking in persons'

2008

Kneebone S Y, 'The Legal and Ethical Implications of Extraterritorial Processing of Asylum Seekers: The Safe Third Country Concept' in McAdam  J, (ed) Forced Migration, Human Rights and Security, Hart Publishing (2008) 129-154

Kneebone, S. (Ed) Refugees, Asylum Seekers and the Rule of Law. Cambridge University Press. (2008)

Kneebone, S., with McSherry, B. ‘Trafficking in Women and Forced Migration: Moving Victims Across the Border of Crime into the Domain of Human Rights'. (2008) 12(2) International Journal of Human Rights 67-87

Kneebone, S.  and Debeljak, J. ‘Combating transnational crime in the Greater Mekong Sub-Region – the cases of Laos PDR and Cambodia’ in Holmes, L. (Ed) Trafficking and Forced Migration: Australian, European and Global Perspectives. Edward Elgar (2008)

2007

Kneebone, S.,  and  Rawlings-Sanaei, F. (Eds) New Regionalism and Asylum Seekers: Challenges Ahead. Berghahn Books, Oxford. (2007)

Kneebone, S., and Rawlings-Sanaei, F. (Eds) ‘Old and New Regionalism’. Introduction to New Regionalism and Asylum Seekers: Challenges Ahead. Berghahn Books (2007) 1-24.

Kneebone, S., and Pickering, S. ‘Australia and the Pacific Region’. In Kneebone, S.,  and  Rawlings-Sanaei, F. (Eds) New Regionalism and Asylum Seekers: Challenges Ahead. Berghahn Books, Oxford. (2007)167-187.

Kneebone, S. ‘Conclusion: Challenges Ahead’ in Kneebone, S.,  and  Rawlings-Sanaei, F. (Eds) New Regionalism and Asylum Seekers: Challenges Ahead. Berghahn Books, Oxford. (2007) 221-229.

Kneebone, S. Review of  Beeks, K., and Amir, D. (Eds) 'Trafficking and the Global Sex Industry' in Journal of Refugee Studies (2007) 539-542

Kneebone, S. and Debeljak, J.F., Regional Responses to Global Trafficking in the Greater Mekong Sub-Region: the cases of Laos PDR and Cambodia, paper presented at Restoring the Rule of Law in International Affairs: the 15th Annual Australian New Zealand Society of International Law (ANZSIL) Conference, Australian National University, Canberra, 28-30 June 2007

Kneebone, S., How much "Freedom, security and justice" for asylum seekers?, paper presented to European and EU Centre conference New Euroope, New Governance, New Worlds?, Monash University Law Chambers, Melbourne, 12-14 April 2007

Kneebone, S., Australia's Legal and Policy Response to Trafficking for Sexual Services in the International Context, paper presented at 12th International Metropolis Conference - Workshop on National and Regional Responses to Trafficking: Lessons for a Global Response, Melbourne, 9 October 2007

Kneebone, S., 'Effective Protection' and social and economic rights in Safe Third Countries, invited presentation at Protection Elsewhere: International Law and the off-shore processing and protection of refugees workshop, Faculty of Law Melbourne University, 23 February 2007

Kneebone, S., Researching Trafficking in the Greater Mekong Sub-region - Australia's response, presentation to Research Matters Forum, Monash University Law Chambers, Melbourne, 20 August 2007

Kneebone, S., invited presentation to the Masters of Laws course Issues in Transnational Crime, University of Melbourne Law School, 27 July 2007

Kneebone, S. & Mitchell, k., Submission to the Legislative and General Purpose Standing Committee's Inquiry into the Australian Citizenship Amendment (Citizenship Testing) Bill 2007, June 2007

Kneebone, S., Presentation to Roundtable on Refugees, Asylum Seekers and the Rule of Law, 11 August 2007

2006

‘Is the Australian Refugee Review Tribunal “Institutionally” Biased?’ in F Crepeau et al (Eds) Forced Migration and Global Processes Lexington Books (2006) Chapter 10

‘The Pacific Plan: The Provision of “Effective Protection”?’(2006) 18(3&4) special volume of  International Journal of Refugee Law

‘A Mediterranean Solution? Chances of Success’ (with C McDowell) (2006) 18(3&4) special volume of  International Journal of Refugee Law   

‘Refugee Status in Australia and the Cessation Provisions:  QAAH of 2004 v MIMIA’ (with E. Hay) (2006) 31 Alternative Law Journal147

‘Trafficking in Women and Forced Migration: Moving Victims Across the Border of Crime into the Domain of Human Rights’ (with B. McSherry)  This arises from a paper presented to the tenth Biennial International Conference of the International Association for the Study of Forced Migration, Toronto, Canada, June 2006.  Forthcoming in 12(2) International Journal of Human Rights

2005

'Women Within the Refugee Construct: "Exclusionary Inclusion" in Policy and Practice - The Australian Experience' (2005) 17 International Journal of Refugee Law (10,000 words) pp 7-42.  

'What We Have Done With the Refugees Convention: The Australian Way' in S Taylor (ed) 'Law in Context Special Issue: Exploration of the Gap Between Man and Citizen' (2005) 22 Law in Context 2 (9,000 words). 

‘Before the High Court:  Ruddock and Others v Taylor’ (2005) 27 Sydney Law Review (No 1) 143-166.

Submission to Senate Legal and Constitutional References Committee on inquiry into the administration and operation of the Migration Act 1958 (July 2005)

Director of a workshop with the UNHCR and King’s College, London on 'The Right to Seek and Enjoy Asylum?  The Pacific, Mediterranean and Caribbean Plans Compared' Prato, Italy September 2005

2004

‘Strangers at the Gate: Refugees, Citizenship and Nationality’ (2004) 10 (1) Australian Journal of Human Rights 33-59

‘Bouncing the Ball between the Courts and the Legislature: What is the Score on Refugee Issues?’ in T Davis ed Human Rights 2003: The Year in Review (Castan Centre for Human Rights Law, Monash University, 2004)

‘Believable Tales: Proving a Well Founded Fear of Persecution’, 2004 Migration Action

Academic Director of a Workshop on Regionalism and Forced Migration : the Effect on Asylum Procedures and Policies held in May 2004 jointly sponsored by the Monash Institute for the Study of Global Movements, Monash University, The Refugee Studies Centre, University of Oxford and The Institute of Commonwealth Studies, University of London. At this Workshop I delivered a paper co-written with Dr Sharon Pickering on ‘Australia and the Pacific Region’. The papers are to be published by Berghahn Books under the title New Regionalism and Asylum Seekers: Challenges Ahead

‘Australia’s Treatment of Refugees post Tampa paper delivered to Institute for the Study of International Migration, Georgetown University, Washington DC, 9 June 2004

‘The Refugees Convention and the Rights of Children: Incorporation into Australian Law’ talk to Children in Immigration Detention Conference organised by Castan Centre for Human Rights, April 2004

2003

S Kneebone ed, The Refugees Convention 50 Years On: Globalisation and International Law (Ashgate 2003, 338pp)

‘Is the Australian Refugee Review Tribunal “Institutionally” Biased?’ to be published in 2003 IAFSM Conference Proceedings (8,000 words)

‘Women Within The Refugee Construct: “Exclusionary Inclusion” in Policy and Practice – The Australian Experience’ to be published in International Journal of Refugee Law (10,000 words)

‘What we Have Done With the Refugees Convention: the Australian Way’ to be published in S Taylor ed, Law in Context Special Issue: Exploration of the Gap between Man and Citizen (9,000 words)

‘Women Within The Refugee Construct: at the margin of citizenship’ 2003 AFUW Conference papers, pp1-12

With L Curran, ‘Overview’ in S Kneebone ed, The Refugees Convention 50 Years On: Globalisation and International Law (Ashgate 2003) (pp 1-18)

‘Moving Beyond the State: Refugees, Accountability and Protection’ in S Kneebone ed, The Refugees Convention 50 Years On: Globalisation and International Law (Ashgate 2003) (pp 285-317)

With P Allotey, ‘Refugee Health, Humanitarianism and Human Rights’ (OUP, 2003) pp 1-13

‘Believable Tales: Proving a Well Founded Fear of Persecution’ presented to cconference on Law and Mental Health, Sydney, October 2003

‘Women Within the Refugee Construct: At the Margins of Non- Citizenship’ paper delivered to the 32nd Triennial Conference of the Australian Federation of University Women Conference (AFUW), Cato Conference Centre, Melbourne, April 2003

‘How Humanitarian is Australia’s Humanitarian Program?’ talk at Monash University Law Chambers at a public seminar organised by the Castan Centre for Human Rights Law, March 2003 available at www.law.monash.edu.au/castancentre

‘Is the Australian Refugee Review Tribunal “institutionally biased”?’ paper delivered by invitation to 8th Biannual Conference of the International Association for the Study of Forced Migration (IASFM)- January 2003

2002

‘Natural justice and Non-Citizens: A Matter of Integrity?’ (2002) 26 Melbourne University Law Review 355-380

‘Fairness in Tribunals – Issues relating to the RRT – Bias in Tribunals’ presented to Law Fest (The Law Society of South Australia) July 2002

‘A Down Under view of a Top-Down Problem’, Commentary on Model Whistleblowing Statute paper at joint workshop of American University, Washington College of Law and Monash University Law School, May 2002

Submission to the Legal and Constitutional Legislation Committee’s Inquiry into Migration Legislation Amendment (Excision) Bill 2002, July 2002

Co-submission with Gabi Crafti on behalf of the Castan Centre for the HREOC enquiry into Children in Detention, April 2002

2001

‘What is the Basis of Judicial Review?’ (2001) 12 PLR 95-112

‘Australia’s refugees: their rights are our concern’ in Monash News, July 2001, p5

Case Commentary: Minister for Immigration v Yusuf (2000) 6 HCR available at http://www.bond.edu.au/law/hcr/contents and cited in Minister for Immigration v Yusuf [2001] HCA 30. Written at the invitation of Professor Gerard Carney, Bond University

B Hocking, Negligent Words (2001) 9 Tort Law Journal 219-222

‘Nationality, Alienage and Non-refoulement’ (paper presented to the International Conference on the Refugee Convention) University of New South Wales, Sydney, December 2001

‘Tampa-proofing Refugee Law Australian Style: A comparative Look at Recent Responses to the “Refugee Problem”’ (Victorian Association of Social Studies Teachers) Melbourne, 26 November 2001

Commentary on the ‘Tampa Incident’ to Monash NTEU Branch, September 2001

Faculty seminar, ‘Tampa-proofing Refugee Law Australian Style’, Victoria University, British Columbia, Canada, 16 October 2001

Faculty seminar, ‘Natural Justice and Non-citizens: Lessons from the Tampa crisis’, Queen’s University, Kingston, Canada, 22 October 2001. Seminar for Master’s students, ‘Comment limiter le droit de refugie a la mode australienne’, University of Montreal, Canada, 22 October 2001. [Delivered in French.]

Commentary on ‘Privatisation, the “Level Playing Field” and the Public-Private Divide” Restructuring the Water Industry’ at AIAL seminar, April 2001

Submission to the Legal and Constitutional References Committee’s Inquiry into Migration Legislation Amendment Bill (No 6) 2001, September 2001

2000

‘Judicial Review: A Common Law or A Constitutional Doctrine?’ In C Finn ed, Reinventing Administrative Law for the New Millennium (Proceedings of AIAL Forum, 2000) 116- 130

‘Crossing the Divide: the Liability of Local Government as an Occupier of Public Land’ (2000) 6 LGLJ 17-30

‘Restricting Judicial Review of Migration (Refugee) Decisions: A System in Crisis in Need of a Holistic Approach’ (2000) PLR 87-92

‘Merits Review and Refugee Status Determinations and the Natural Justice Paradigm’, paper presented to Refugee Conference, Perth November 2000 and published in a volume of the proceedings by the Myer Foundation, Refugee Policy and Practice in Australia

‘Public Authority Claims – the Future’ presented as a paper in the area of Tort Liability of Public Authorities at a conference in October 2000 at the invitation of the Australian Plaintiff Lawyers Association Ltd

1999

S Kneebone ed, Administrative Law and the Rule of Law: Still Part of the Same Package? (Proceedings of AIAL Forum, Melbourne, June 1999) (421pp)

‘Consumer Remedies in the Contracting State: The “Shield of the Crown” and the Woodlands Decision’ in S Kneebone ed, Administrative Law and the Rule of Law: Still Part of the Same Package? (Proceedings of AIAL Forum, 1999)

‘Introduction’ in S Kneebone ed, Administrative Law and the Rule of Law: Still Part of the Same Package? (1999) (pp1-9)

‘Refugees, Natural Justice and Sovereignty: Fundamental or Substantial Justice?’ selected from a submitted abstract, presented to Fifth World Congress of International Association of Constitutional Law, Rotterdam, July 1999. This paper is published on a CD of the Congress Papers

‘Natural Justice and Constitutional Rights: Substantial or Fundamental Injustice?’ presented as a seminar to staff at the Department of Law, University of Hong Kong, November 1999

Submission to Senate Legal and Constitutional Committee on Migration Legislation Amendment (Judicial Review) Bill 1998 and Migration Legislation Amendment Bill 1998 (No 2), January 1999

1998

Tort Liability of Public Authorities (LBC Information Services, 1998) (190,000 words, 369pp)

‘The Refugee Review Tribunal and the Assessment of Credibility: an Inquisitorial Role?’ (1998) 5 AJ Admin L 78-97

‘Intersections between Public and International Law: the Natural Justice Principle’ presented to CIPL Workshop, Canberra, December 1998

Paper entitled ‘Tort Liability in a Contracting State’ delivered to Annual Forum of the Australian Institute of Administrative Law, Administrative Law and the Rule of Law: Still Part of the Same Package? (Melbourne, June 1998)

1997

Submission to Senate Legal and Constitutional Committee on Migration Legislation Amendment Bills 1997 (nos 4 & 5) - Submission no 14