UNSW Kaldor Centre

Scientia Professor Jane McAdam AO, explains why Australia needs a new emergency visa to respond to humanitarian crises, which she and her co-author, Dr Regina Jefferies, propose as part of a broader emergency response framework in their new policy brief. Having a framework that could be activated in a crisis would enable a more predictable, streamlined and effective response.

In the context of people fleeing the war in Gaza, and reports that the government is considering creating a new emergency visa, the policy brief has vital importance for individuals, policymakers and advocates across the sector.

Watch to quickly get an understanding of the evidence behind their proposals for a better approach – for all concerned.

The Kaldor Centre’s Evacuations Research Hub is a five-year project established in July, funded by an Australian Research Council Laureate Fellowship, to analyse why and how evacuations are used; what legal standards govern their conduct; and when and how they come to an end. Scientia Professor of Law and Laureate Fellow Jane McAdam AO is its Director, and Dr Regina Jefferies is a Laureate Postdoctoral Fellow.

UNSW's Kaldor Centre was established as the Abbott government came to power with its “stop the boats” campaign; the Centre showed the power of starting with hope, becoming the world’s first centre dedicated to the study of international refugee law. For a decade, Jane McAdam AO has steered the Centre as an authoritative, non-partisan voice of reason, playing a unique and valued role among those seeking a better approach to refugee issues in Australia, the region and internationally. Here McAdam shares stories from her time at the helm of UNSW's Kaldor Centre.

A recording of the closing keynote address at the 2023 Kaldor Centre Conference: 'Learning from the future: Foresight for the next decade of forced migration' held on 20 November 2023.

Kaldor Centre Director, Scientia Professor Jane McAdam AO, reflected on the day’s discussions and the implications of future megatrends for international refugee law. Will international refugee law still have relevance a decade from now? What role can – and should – it play as the adverse impacts of climate change, enhanced technological surveillance and increasing automation of decision-making influence who is able to move across borders, and how they are treated when they arrive?

Recording of Panel Session 3 at the 2023 Kaldor Centre Conference, 'Learning from the future: Foresight for the next decade of forced migration' held on 20 November 2023 at UNSW Sydney.

Speakers:

Peter Lewis, Executive Director, Essential Media

Amanda Tattersall, Associate Professor of Practice, Sydney Policy Lab

Lenore Taylor, Editor, Guardian Australia

Shabnam Safa, Chairperson, National Refugee-led Advisory and Advocacy Group

Chair: Lauren Martin, Communications Manager, Kaldor Centre for International Refugee Law

As the Kaldor Centre embarked on its 10th anniversary, our flagship conference harnessed strategic foresight to inform the agenda for the decade to come. The 2023 Kaldor Centre Conference took participants 10 years into the future, to explore the forced migration challenges we may face in the decade to come. The purpose was not to predict the future, but to help us to be better prepared to shape the future we want to see and to help us think afresh about what we might need to do today to ensure protection for displaced people in the decade to come.

Recording of Panel Session 2 at the 2023 Kaldor Centre Conference, 'Learning from the future: Foresight for the next decade of forced migration' held on 20 November 2023 at UNSW Sydney.

Speakers:

Cathryn Costello, Professor of Global Refugee & Migration Law, University College Dublin

Niamh Kinchin, Acting Dean of Law, University of Wollongong

Edward Santow, Director, Policy & Governance, Human Technology Institute, University of Technology Sydney

Shahyar Roushan, Senior Member, Administrative Appeals Tribunal, Migration & Refugee Division

Chair: Daniel Ghezelbash, Deputy Director, Kaldor Centre for International Refugee Law

As the Kaldor Centre embarked on its 10th anniversary, our flagship conference harnessed strategic foresight to inform the agenda for the decade to come. The 2023 Kaldor Centre Conference took participants 10 years into the future, to explore the forced migration challenges we may face in the decade to come. The purpose was not to predict the future, but to help us to be better prepared to shape the future we want to see and to help us think afresh about what we might need to do today to ensure protection for displaced people in the decade to come.

Panel session recording from the 2023 Kaldor Centre Conference, 'Learning from the future: Foresight for the next decade of forced migration' held on 20 November 2023 at UNSW Sydney.

Speakers:

Magdalena Arias Cubas, Red Cross Red Crescent Global Migration Lab

Louis Everuss, Centre Coordinator, Jean Monnet Centre of Excellence, University of South Australia

Adama Kamara, Deputy CEO, Refugee Council of Australia

Nikolas Feith Tan, Senior Researcher, Danish Institute of Human Rights

Chair: Madeline Gleeson, Senior Research Fellow, Kaldor Centre for International Refugee Law

As the Kaldor Centre embarked on its 10th anniversary, our flagship conference harnessed strategic foresight to inform the agenda for the decade to come. The 2023 Kaldor Centre Conference took participants 10 years into the future, to explore the forced migration challenges we may face in the decade to come. The purpose was not to predict the future, but to help us to be better prepared to shape the future we want to see and to help us think afresh about what we might need to do today to ensure protection for displaced people in the decade to come.

How do we start thinking about the future of forced migration? A recording of the opening keynote address from the 2023 Kaldor Centre Conference, 'Learning from the future: Foresight for the next decade of forced migration'. A dynamic day-long program that challenged participants to step out of today’s set agenda to look forward to 2033 and consider, is the international protection regime capable of providing protection amid the seismic shifts underway? How can we ready law, policy and public debate to ensure protection for those who need it?

Keynote presenter Aarathi Krishnan brought her vast experience in humanitarian and development foresight to steer us on our journey into the future – and how we can prepare for it today. A Harvard scholar, TED favourite and one of ‘100 Brilliant Women in AI Ethics’, Krishnan was Strategic Foresight Advisor at the United Nations Development Programme–Asia Pacific.

Recorded 20 November 2023 by the Kaldor Centre for International Refugee Law

A recording of the opening remarks from the 2023 Kaldor Centre Conference, 'Learning from the future: Foresight for the next decade of forced migration' to set the scene for the day long event.

The conference took participants 10 years into the future, to explore the forced migration challenges we may face in the decade to come. The purpose was not to predict the future, but to help us to be better prepared to shape the future we want to see.

The keynote presentations set out big trends and questions to spark longer term thinking. The panel sessions discussed three distinct future scenarios set in 2033. These were intended to provide a 'sandpit' within which to explore the challenges and opportunities before us, to help us think afresh about what we might need to do today to ensure protection for displaced people in the decade to come.

Speaker: Frances Voon, Executive Manager, Kaldor Centre for International Refugee Law

Recorded on 20 November 2023

NZYQ v Minister for Immigration (NZYQ) changed the landscape for immigration detainees in Australia. It led to the release of at least 149 people from indefinite immigration detention where there was no real prospect of removing them from Australia in the 'reasonably foreseeable future’. It also led to the rapid passage of new legislative provisions that could be used to restrict the freedom of those released. Under this legislation, the Commonwealth can seek Community Safety Orders if those released are considered to pose an ‘unacceptable risk of seriously harming the community by committing a serious violent or sexual offence’, allowing re-detention or the imposition of other restrictive conditions.

Continuing detention orders have been accepted by the High Court of Australia as valid for people convicted of serious violent, sex or terrorism crimes in Australia. Community Safety Orders, however, differ from continuing detention orders in important ways, and they have not yet been tested in Australian courts.

This fully subscribed event was held on 3 April 2024, and sought to examine Community Safety Orders in detail, explaining what they are and what you should do if the Commonwealth seeks to issue one to your client. It also sought to examine the broader ramifications of NZYQ, including the conditions that people are being released under.

Speakers included:

Scientia Professor George Williams, UNSW Law, leading Australian constitutional scholar, who can advise on the possible constitutional ramifications of NZYQ and follow up cases.

Paul Coady, NSW Public Defender, who has ample experience responding to continuing detention orders under state and territory legislation and can provide insight into how the existing system operates.

Sanmati Verma, Acting Legal Director at the Human Rights Law Centre, who represents a number of clients in immigration detention and, along with the Kaldor Centre, intervened as amicus curiae in NZYQ v the Minister for Immigration. Sanmati will explain how NZYQ has impacted on immigration detainees since it was determined and what the future might hold for them.

Chair: Anna Talbot, Affiliate and Strategic Litigation Network Coordinator, Kaldor Centre for International Refugee Law

As the number of displaced people around the world continues to increase, the gap between the needs and availability of durable solutions grows wider. Resettlement plays an important role in providing solutions, and there is an increasing recognition of the potential role of complementary pathways, which can provide access to safety through other migration channels. These include labour mobility, education pathways, and community sponsorship programs. What is the current state of play in resettlement and complementary pathways? What potential do they hold to provide solutions to a greater number of displaced people?

On 27 February 2024, a panel of international experts provided an update on current developments from around the world, in an event jointly hosted by the Refugee Council of Australia and the Kaldor Centre for International Refugee Law.

This year, Australia was the chair of the Consultations on Resettlement and Complementary Pathways (CRCP), the most important multilateral forum for UNHCR, States, NGOs, private sector representatives, academics and refugees to discuss resettlement and complementary pathways. International delegates gathered in Sydney as part of these consultations, and this free public event provided an opportunity to hear from some of these global experts.

Moderated by:

Basma Alawee, Deputy Executive Director of the Community Sponsorship Hub, USA

Speakers included:

Jackie Keegan, Head of Resettlement and Complementary Pathways Service, UNHCR

Colm O'Gorman, Global Director, Community Engagement, Pathways International

Mohammad Naeem, Deputy Director, Strategy and Partnerships, American Immigration Council and a member of the CRCP Refugee Advisory Group