Archive | 2019
Smugglers and Samaritans: Criminalising the Smuggling of Migrants in International and Australian Law
Abstract
The intersection of criminal law and immigration law has been most pronounced in the context of smuggling of migrants. Seen by some as ruthless criminals exploiting vulnerable people, others describe migrant smugglers as Samaritans who support migrants desperate to flee persecution and poverty. Australia’s response to the smuggling of migrants has been particularly contentious and departs from international requirements in multiple ways. This chapter explores the criminalisation of smuggling of migrants in international and Australian law and demonstrates how criminal law has been instrumentalised to cover up critical gaps in immigration law and policy.