University of New South Wales Faculty of Law Research Series
University of New South Wales Faculty of Law Research Series 2009
Multiple punishments: the detention and removal of convicted non-citizens
Article comments
This paper was presented to Australia and New Zealand Critical Criminology Conference, Monash University, Melbourne, 8-9 July 2009. This paper may also be referenced as [2009] UNSWLRS 41.
Abstract
Under the Migration Act, being imprisoned for a criminal offence can constitute grounds for visa cancellation, even for people who have spent most of their lives in Australia. ‘Non-citizens’ who have had their visas cancelled in this way are liable to detention on completion of their prison sentence; form a significant proportion of the current immigration detainee population and are routinely deported. This paper examines the punitive implications of this policy including: its impact on the parole process; the institutionalisation of double punishment; and the multiple mechanisms of disempowerment operating through the detention regime. While this is still work in progress, the paper argues that criminal convictions do not justify detention and removal, and suggests a framework for future research.
Subject Area
Criminal Law and Procedure
Recommended Citation
Michael Grewcock,
"Multiple punishments: the detention and removal of convicted non-citizens"
(October 2009).
University of New South Wales Faculty of Law Research Series.
University of New South Wales Faculty of Law Research Series 2009.
Working Paper 42.
http://law.bepress.com/unswwps/flrps09/art42
No readers' reactions have been posted for this article. To submit one, copy the URL for this article (http://law.bepress.com/unswwps/flrps09/art42) and click here.