AIP209 Assessment Task 2: Policy Background
You have from 9am Monday 21 September to 8pm on Sunday 27 September to compete this task.
Complete your answer on a word document and upload it to the relevant dropbox by the deadline. Late
submissions will incur a penalty of 5% per day.
This assessment task is worth 25% of your overall marks.
In total, your answers to the three questions should add up to 1000 words. It is up to you to judge how
many words you wish to write for each question, as long as the total does not exceed +/-10% of the 1000
words.
The scenario
The Minister for Home Affairs has introduced a bill to parliament which, if passed, would make it illegal
for people in Australia’s immigration detention centres to possess mobile phones. The Minister has
argued that this is a necessary measure because mobile phones are used to smuggle drugs into detention
and access inappropriate online content. Refugee advocates argue that the ban is disproportionate to the
problem and would seriously restrict detainees’ ability to access legal support; maintain connections with
family and friends; and otherwise connect with the outside world. A Senate Committee has considered
the bill and accepted submissions from the public. Independent Senator Jacqui Lambie holds the balance
of power, and her vote will decide the outcome.
More information on this story can be found here, and the parliamentary inquiry into the bill can be
found here.
Your task
You are an advisor to Senator Jacqui Lambie. Senator Lambie has requested the following information
on three general points that can provide background information to help her make a decision in this case.
First, please address your document to Senator Lambie, using her full and proper title. Then answer each
question separately, with a heading for each.
1. Please inform the Senator of the legal status of immigration detention in Australia. Your answer
should include reference to the constitutional limitations on immigration detention policy and
practice.
2. Please provide the Senator with a statistical
eakdown of the people cu
ently in immigration
detention in Australia. (For these purposes, the detention centre on Christmas Island also qualifies as
Australian detention). The Senator wants to know how many of the cu
ent detainee population are
people seeking asylum, and how many are detained for other reasons. The Senator would also like
some other information about the detainees, including the countries of origin of people in detention,
and the length of time they have spent in detention, and whether there are any children in
detention. You can provide this information using dot points or tables if you wish.
https:
www.smh.com.au/politics/federal/lambie-outsourcing-casting-vote-on-refugee-phone-ban-to-public-poll XXXXXXXXXXp55v66.html?mc_cid=9f9d8b9ca7&mc_eid=269cc24484
https:
www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/ProhibitedItems/Report
https:
www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/ProhibitedItems/Report
3. Senator Lambie has taken the unusual step of asking her constituents to help her decide how to vote
on the bill. In your view, is this the best way for politicians to make asylum policy decisions? Why or
why not? Please explain to Senator Lambie the reasons for your position, including whether you think
asylum policy decisions should be treated differently to other policy areas.
Referencing
Your assessment task should be fully referenced using the Harvard system (in-text citations), and include
a reference list at the end of your document. The reference list will not be counted as part of the overall
word count.
You should refer to at least 8-10 references in completing this task. They should be a combination of
scholarly sources (such as books and journal articles), as well as quality media sources.
Some of the information you will need to answer the questions will come from the readings and material
in the unit site. To find other scholarly sources, you will need to search the Deakin Li
ary database or
Google Scholar.
You might also need to access good quality internet material. Here are some suggestions for websites
that contain information that might help you answer these questions.
Senate Standing Committee on Legal and Constitutional Affairs - Migration Amendment (Prohibiting
Items in Immigration Detention Facilities) Bill 2020
Refugee Council of Australia
The Kaldor Centre for International Refugee Law
Asylum Insight
*** Good luck! ***
https:
scholar.google.com
https:
www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/ProhibitedItems/Report
https:
www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/ProhibitedItems/Report
https:
www.refugeecouncil.org.au
https:
www.kaldorcentre.unsw.edu.au
https:
www.asyluminsight.com/