Combatting fraud as a disincentive of an unintended economic migrant: A comparative review of the direct Turkish model and the indirect Australian model

Sherene Ozyurek; Rodger Fernandez

doi:10.33182/bc.v6i1.505

Combatting fraud as a disincentive of an unintended economic migrant: A comparative review of the direct Turkish model and the indirect Australian model

Authors

Sherene Ozyurek FCG PTY LTD, Melbourne & Victoria University
Rodger Fernandez FCG PTY LTD, Melbourne; Monash University, Melbourne; Victoria University, Melbourne

DOI:

https://doi.org/10.33182/bc.v6i1.505

Keywords:

Australian Public Interest Criteria 4020, combatting fraud, migration review tribunal, Turkey’s foreigners and protection law, unintended economic migrants

Abstract

Under the new Turkish Law on Foreigners and International Protection (Article 54) represents a rapid deterrent approach as the consequences of fraud are implemented within 30 days. In contrast to the Turkish approach, Public Interest Criteria 4020 used in Australian law implies a lengthy process that may take up to two years. A quantitative analysis of retrospective data (2010-2014) of the Australian Migration Review Tribunal substantiated the notion that in contrast to the Turkish model, the Australian model is used as a procrastinating tool to the advantage of unintended economic migrants to remain in Australia.

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Author Biographies

Sherene Ozyurek, FCG PTY LTD, Melbourne & Victoria University

Sherene Ozyurek, Senior Lawyer, FCG PTY LTD, Melbourne & Victoria University, Melbourne, Australia. FCG Legal Pty Ltd, 18 Drummond Street, Carlton, Victoria, Australia 3053.

Rodger Fernandez, FCG PTY LTD, Melbourne; Monash University, Melbourne; Victoria University, Melbourne

Dr Rodger Fernandez, FCG PTY LTD, Melbourne; Monash University, Melbourne; Victoria University, Melbourne. Australia. FCG Legal Pty Ltd, 18 Drummond Street, Carlton, Victoria, Australia 3053.

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Published

2016-05-01

How to Cite

Ozyurek, S. and Fernandez, R. (2016) “Combatting fraud as a disincentive of an unintended economic migrant: A comparative review of the direct Turkish model and the indirect Australian model”, Border Crossing. London, UK, 6(1), pp. 16–26. doi: 10.33182/bc.v6i1.505.