Abstract
International protection is an important part of the migration policies of Australia, Slovenia and the EU. Today, more than any other time in history, large numbers of individuals are fleeing their country of origin due to war, poverty, persecution or a natural disaster. However, only a small number of people that fall within this category, ever obtain refugee status. Moreover, since WWII, the next mass exodus from the European continent was the violent dissolution of Yugoslavia. The resulting effect lead to the largest refugee crisis in Europe. Many individuals found their way to Australia. Recently, there has been a rise in people being displaced across North Africa and the Middle East reached its height from 2014 to 2017. Many of these people found their way into the EU, and placed a lot of pressure of member states, particularly those smaller states such as Slovenia. Even though Slovenia was considered a transit state, people did apply for asylum. This chapter explores the challenging area of international protection law across the EU, Slovenia and Australia. Thus, this chapter will demonstrate how the respective jurisdictions have established a legal framework that enable these people to obtain citizenship. Finally, it highlights the differences between the jurisdictions in relation to residency requirements and bilateral arrangement that have been established between the states.
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Notes
- 1.
Walzer, M, (1983) Spheres of Justice: A Defense of Pluralism and Equity, Oxford: Martin Robinson, 25–40.
- 2.
Carens, J (1992) Migration and Morality: A Liberal Egalitarian Perspective, in Brian Barry and Robert Goodin (eds), Free Movement: Ethical Issues in the Transnational Migration of People and Money, New York, Havester Wheatsheaf, 1992, 25–47.
- 3.
Wolfe, A, (1991) Whose Keeper: Social science and moral obligation, Berkley and Los Angeles: University of California Press, 1–23.
- 4.
Article 2, Convention relating to the Status of Refugees 1951, adopted by the United Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless Person, Geneva, 2 to 25 July 1951, entry into force 22 April 1954, Treaty Series, vol. 189, p. 137. Protocol Relating to the status of Refugees 1967, noted by the UN General Assembly, in resolution 2198 (XXI), 2 to 16 December 1966, Treaty Series, vol. 606, p. 267.
- 5.
Joint Position 96/196/JHA of March 1996 defined by the Council on the basis of article K.3 of the Treaty on European Union on the harmonised application of the definition of the term ‘refugee’ in article 1 of the Geneva Convention of 28 July 1951, Official Journal of the European Union L 63.
- 6.
Up-1136/11-24, Official Gazette of the Republic of Slovenia 26/2012.
- 7.
Notification of succession in respect of United Nations Conventions and conventions adopted by IAEA.
- 8.
Article 62, Lisbon Treaty 2007, Official Journal of the European Union C 306/1.
- 9.
Council Directive 2003/9/EC, laying down minimum standards for the reception of asylum seekers, Official Journal of the European Union, L 31/18.
- 10.
Council Directive 2005/85/EC, on minimum standards on procedures in Member States for granting and withdrawing refugee status Official Journal of the European Union, L 326/13.
- 11.
Council Regulation No 2725/2000, Official Journal of the European Union, L 316/1.
- 12.
Council Regulation No 343/2003, establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national Official Journal of the European Union, L 50/1.
- 13.
European Union: Council of the European Union, Council Directive 2001/55/EC of 20 July 2001 on Minimum Standards for Giving Temporary Protection in the Event of a Mass Influx of Displaced Persons and on Measures Promoting a Balance of Efforts Between Member States in Receiving such Persons and Bearing the Consequences Thereof, 7 August 2001, Official Journal of the European Union L 212–223 7.8.2001, http://www.unhcr.org/refworld/docid/3ddcee2e4.html
- 14.
Crock, M, (2000) A sanctuary under review: where to from here for Australia’s Refugee and Humanitarian Program? University New South Wales, Law Journal, 246–250.
- 15.
Flood of desperate refugees test Spaniards tolerance, April 2015, http://www.npr.org/sections/parallels/2015/04/25/402035778/flood-of-desperate-refugees-tests-spaniards-tolerance
- 16.
International Migration, Racism, Discrimination and Xenophobia, International Labour Office, Office of the United Nationals High Commissioner for Human Rights, International Organisation for Migration , 2011.
- 17.
Articles 30, 31, 32, 33, 34, 35, 39a, 41, 46, 47, 48, 49, 55, 56, 57. 58, 119, Law on International Protection , Official Gazette Republic of Slovenia 2011/11. The Migration Act 1958 allows a person who provides incorrect or false information in their application to be refused. Similarly, for Australia a visa will be granted or refused in accordance with the Migration Act 1958, whether outside or inside the migration zone provided they meet the refugee status.
- 18.
Migration Act 1958, s36.
- 19.
Ibid, s37A.
- 20.
Schedule 2, Migration Regulations 1994, Statutory Rules No. 268, Class XA, subclass 866, subclass 851, class XB, subclass 200, subclass 2012, subclass 202, subclass 203, subclass 204, subclass 451.
- 21.
Schedule 2, Migration Regulations 1994, Statutory Rules No. 268, subclass 800.
- 22.
Migration Regulations 1994, schedule 2. Department of Parliamentary Services, Parliamentary Library, United Nations High Commissioner for Refugees, Frequently asked Questions about resettlement, 2011, 1–29, www.aph.gov.au/library/pubs/bn/law/RefugeeResettlement.pdf
- 23.
Article 115, Law on International Protection , Official Gazette Republic of Slovenia 2011/11.
- 24.
Ibid, article 116.
- 25.
Perkiss, S., Bowrey, G., Gill, N., Environmental Refugees: An accountability Perspective, University of Wollongong, http://ro.uow.edu.au/cgi/viewcontent.cgi?article=1990&context=commpapers
- 26.
The Parliament of the Commonwealth of Australia, The Senate, Migrations (Climate Refugees) Amendment Bill 2007, Explanatory Memorandum, 1–3.
- 27.
Government plan to fast-track refugees in exchange for potential $19,000 fee, http://www.msn.com/en-au/news/australia/government-plan-to-fast-track-refugees-in-exchange-for-potential-dollar19000-fee/ar-BBlh0sR?ocid=SKY2DHP
- 28.
Ibid, article 4.
- 29.
Council Directive 2005/85/EC, minimum standards for granting and withdrawing refugee status, Official Journal of the European Union, L 326/13.
- 30.
Council Directive 2004/83/EC, on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, Official Journal of the European L 304.
- 31.
Ibid, article 19.
- 32.
Article 4, Law on International Protection, Official Gazette Republic of Slovenia 2011/11.
- 33.
Ibid, article 4.
- 34.
Ibid, article 4 (2).
- 35.
Ibid, article 108.
- 36.
Ibid, article 6.
- 37.
Ibid, article 6.
- 38.
Migration Act 1958, sections 97 to 107.
- 39.
Ibid, s107.
- 40.
Migration Act 1958, Division 12, Offences in relation to entry into, and remaining in Australia, subdivision A – People Smuggling and related offences.
- 41.
International Labour Organisation, Strengthening action to end forced labour, SAP-FL Newsletter, 2014, 1–6.
- 42.
Ibid.
- 43.
Ibid.
- 44.
Ibid.
- 45.
Border Crossing Observatory, Trafficking in Persons, Newsletter, Monash University, 2014, http://artsonline.monash.edu.au/thebordercrossingobservatory/files/2014/02/BOb-News-Issue-7-Feburary-2014_Trafficking-in-Persons.pdf
- 46.
Australian Institute of Criminology, People Trafficking in Australia, Trends & Issues in Crime and Criminal Justice no. 441, http://www.aic.gov.au/publications/current%20series/tandi/441-460/tandi441.html
- 47.
Joudo Larsen, J., Renshaw, L, Australian Institute of Criminology, People trafficking in Australia, Trends & issues in crime and criminal justice no. 441, http://www.aic.gov.au/publications/current%20series/tandi/441-460/tandi441.html
- 48.
Criminal Code Act 1995, Criminal Code, Official Gazette of the Republic of Slovenia 55/2008. Slovenia has transposed the EU Directive 2011/36/EU into the Criminal Code along with Council Directive 2004/81/EC that allows the state to issue a residence permit to those individuals that are subject to and victims of trafficking.
- 49.
Article 50, Aliens Act, Official Gazette Republic of Slovenia, No 50/2011.
- 50.
Bridging visa F (provided for 45 days for those will to assist police in investigations), Criminal Justice visa (issued to assist police ion their investigations), however, the principal visas issued for trafficking victims are the Witness Protection visa (permanent or temporary).
- 51.
Crock, M, (2000) A sanctuary under review: where to from here for Australia’s Refugee and Humanitarian Program? University New South Wales, Law Journal, Vol 23(3), 246–250.
- 52.
Council Directive 2003/343/EC establishes the criteria for determining the MS responsible for assessing an asylum application, Official Journal of the European Union, L 50. Council Directive 2008/767/EC regarding the exchange of data between member states, Official Journal of the European Union, L 218. Council Directive 2000/2725/Establishing Eurodac for comparing fingerprints, Official Journal of the European Union, L 316.
- 53.
Migration Act 1958, Division 6.
- 54.
Ibid, Subdivision B.
- 55.
Migration Act 1958, s18. Article 51, Law on International Protection , Official Gazette of the Republic of Slovenia, 2011/11.
- 56.
Migration Act 1958, ss178, 181, 182 and 189.
- 57.
Case 357/09 Kadzoev [2009] ECR I-11189.
- 58.
Ministry of Interior Organisational Structure September 2013, http://www.mnz.gov.si/fileadmin/mnz.gov.si/pageuploads/SOJ/Organigrami/ORG._MNZ_1.9.2013_ang.pdf
- 59.
Ibid.
- 60.
Australian Citizenship Act 2007, sections 21 and 22.
- 61.
Article 10, Law on Citizenship, Official Gazette of the Republic of Slovenia 24/2007.
- 62.
Australian Citizenship Act 2007, section 21.
- 63.
Article 13, Law on Citizenship, Official Gazette of the Republic of Slovenia 24/2007.
- 64.
Australian Citizenship Act 2007, section 22B, the further requirements attached to section 22B include being present for a total of 480 days during the 4 year period, being present for 120 days in the period of 12 months, being resident in Australia throughout the 4 year before applying and was not present in Australia unlawfully.
- 65.
Article 12, Law on Citizenship, Official Gazette of the Republic of Slovenia 24/2007.
- 66.
Australian Citizenship Act 2007, section 22 (6) (9).
- 67.
Explanatory Statement, Australian Citizenship Act 2007, Special Residence Requirement – Legislative Instrument.
- 68.
Kovič Dine, M, Naturalisation Procedures for Immigrants Slovenia, EUDO Citizenship Observatory European University Institute, http://eudo-citizenship.eu/admin/?p=file&appl=countryProfiles&f=33-Slovenia.pdf
- 69.
The decision process allows an applicant to be heard and require information in accordance with the Administrative Act, Official Gazette of the Republic of Slovenia, No. 8/2010.
- 70.
Australian Government, Department of Immigration and Citizenship, http://www.immi.gov.au/visitors/retirement/410/
- 71.
Health Care and Health Insurance Act 1992, Official Gazette of the Republic of Slovenia 99.
- 72.
Australian-Slovenia Reciprocal Health Care Agreement, Australian Government, Department of Human Services, http://www.humanservices.gov.au/customer/enablers/medicare/reciprocal-health-care-agreements/slovenia. For proof the individual needs a current Slovenian Passport, evidence of eligibility of health insurance in Slovenia and European Health Insurance Card.
- 73.
Agreement on Social Security between the Government of the Republic of Slovenia and the Government of Australia, Official Gazette of the Republic of Slovenia, No 36/2003.
- 74.
Social Security (International Agreements) Act 1999, Schedule 17.
- 75.
Agreement on Social Security between the Government of Australia and the Government of the Republic of Slovenia, 2002, www.aph.gov.au/.../House_of_Representatives_Committees?.../slove
- 76.
Article 5, Social Security Act, Official Gazette of the Republic of Slovenia, No. 105/06.
- 77.
Social Security (International Agreements) Act 1999, s19.
- 78.
Ibid, s23, Residence Factor is calculated at 300 months.
- 79.
Social Security (International Agreements) Act 1999, Schedule 2.
- 80.
Social Security Act, Official Gazette of the Republic of Slovenia, No. 105/06.
- 81.
Social Security (International Agreements) Act 1999, section 5, schedule 2.
- 82.
Slovenia: Double Tax Treaties, LowTax, Global Tax and Business Portal, http://www.lowtax.net/lowtax/html/slovenia/slovenia_double_tax_treaties.asp
- 83.
European Australian Business Council, http://www.eabc.com.au/
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Walters, R. (2020). International Protection. In: National Identity and Social Cohesion in a Time of Geopolitical and Economic Tension: Australia – European Union – Slovenia . Springer, Singapore. https://doi.org/10.1007/978-981-15-2164-5_10
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