AUSTRALIA’S POWER TO DETAIN: A FOREIGN NATIONAL’S PLANNED REMOVAL OPERATION TO A THIRD COUNTRY

Abstract

The removal operation of a detainee by the Australian Department of Immigration is surrounded by secrecy. This article considers a document revealing the Department’s intention to detain a Japanese national in Thailand during transit to the national’s home destination, Japan. The Japanese national in question is the author of this article, thereby presenting a first-hand account of her experience. The article discusses the legal issues arising from this situation, namely, the power of Australian Government officials to detain a foreign national in another country in the process of their removal from Australia. In doing so, it examines the relevance of various statutory provisions, common law principles, and bilateral agreements. Although the author’s planned removal did not eventuate, this article highlights the existence of a legal issue and calls for urgent law reform.