Anthea joined the UTS Faculty of Law in 2016. She holds a BA and LLB (Hons) from the University of Sydney, an LLM (Research, Dean’s Honors) from McGill and was awarded her PhD in Law as a Quentin Bryce Doctoral Scholar from the University of Technology Sydney and the University of British Columbia (jointly enrolled). Her research takes a critical, interdisciplinary approach to the regulation of migrants and non-citizens, with a particular focus on the social and legal categories of the refugee and irregular migrant. Her areas of expertise are migration and refugee law, administrative law and legal theory. For the last four years, she has worked between Australia and Canada on qualitative research into refugee narratives and the oral hearing within onshore refugee status determination processes in both countries.
Anthea has published in local and international journals and worked as a research associate on nationally and internationally funded competitive research grants. She is admitted as a solicitor of the Supreme Court of NSW. Prior to joining the Faculty, she practised in family law, and in refugee and migrant advocacy in Australian community legal centres and in Canada.
- Executive Committee, Law Literature and the Humanities Assocation of Australasia.
- Editorial Board, Australian Feminst Law Journal.
- Editorial Committee, Alternative Law Journal.
- Member, American Law and Society Associaton.
- Member, International Association for the Study of Forced Migration
- Australian Federation of University Women Tempe Mann Scholar, 2013
Can supervise: YES
- Migration law
- Refugee law
- Law and literature
- Law, race and gender
- Administrative law
- Refugee law
- Migration law
- Human rights
- Legal theory
- Law and literature
This article explores the genre and form of narratives that refugee applicants must present in order to move from refugee applicants to (refugee) citizens. It addresses these narratives as they feature in the adjudicative setting of the oral hearing within refugee status determination (RSD) processes. My argument is that the generic aspects of credible refugee testimony constitute and reflect the non-citizen subject whom refugee-receiving states are willing to accept. Through a close reading of testimonial forms and dialogue within the oral hearing, I show that the narratorial voice required of refugees is that of the realist novel's omniscient narrator, who can confidently account for herself and others. Second, drawing on Joseph R Slaughter's work on the relationship between the novel and human rights discourse, I argue that the narrative of a 'genuine' refugee is marked by the literary conventions of the Bildungsroman. Just as in the reconciliatory genre of the Bildungsroman, refugees must present their evidence in the form of a linear narrative that moves towards self-possession and sovereignty, and that resolves in incorporation into the nation-state and citizenship.
In this article, we use two case studies – the admission of
skilled migrants under the Temporary Work (Skilled) visa
(subclass 457) scheme and the admission of refugees under
Australia's onshore humanitarian program – to understand
the gendered nature, operation and effects of Australian
migration law more generally. These two case studies reveal
that the gendered nature of migration to Australia is evident
in even the most cursory examination of particular visa
categories and forms of migration, even if the experiences of
and implications for women migrants differ across different
streams of migration and specific visa categories. For
example, female temporary skilled migrants are more likely to
be over-represented in low-paid or casualised care industries,
as nurses or carers, and women asylum seekers face risks
of gendered violence when crossing borders unlawfully.
In refugee applications involving witchcraft-related violence (WRV),those accused of witchcraft are largely women, and those fearing witchcraft are more often men. This is one of two interrelated articles reporting on cases where claimants feared harm from witchcraft or occult practices. It argues that WRV is a manifestation of gender-related harm, one which exposes major failings in the application of refugee jurisprudence. Systemic inattention to the meaning and application of the Convention ground of religion, combined with gender insensitivity in analysis, meant that claims were frequently recon-figured by decision makers as personal grudges. The fear of witchcraft cases pose an acute ontological challenge to refugee status determination, as the claimed harm falls outside what is understood to be objective, verifiable, or Convention-related. Male applicants struggled to make their claims comprehensible as a result of the feminized and`irrational' characterization of witchcraft fears and beliefs.
Seuffert, N & Vogl, AF 2016, 'Inequality and Austerity after the Global Financial Crisis: Law, Gender and Sexuality', Oñati Socio-Legal Series, vol. 6, no. 1, pp. 1-7.
Vogl, A 2016, 'A Matter of Time: Enacting the Exclusion of Onshore Refugee Applicants through the Reform and Acceleration of Refugee Determination Processes', Oñati Socio-Legal Series, vol. 6, no. 1, pp. 137-162.View/Download from: UTS OPUS
State-based processes for determining refugee claims are crucial sites of inclusion or exclusion for onshore refugee applicants. This paper argues that cultures of disbelief and exclusion towards onshore refugee applicants are increasingly being enacted indirectly, via procedural reforms to Refugee Status Determination (RSD), which limit the ability of applicants to establish and articulate their claims. Focusing on Australia and Canada, this paper tracks the acceleration and truncation of RSD procedures, which first reflect and then frequently achieve the exclusion of onshore applicants. Two sets of reforms in particular have profoundly limited the terms on which applicants may present their claims. In Canada, this occurred as the result of a major overhaul of RSD that took place in December 2012. In Australia, the policy of 'enhanced screening' of applicants achieves the immediate screening-out of certain claims from the Australian determination system. Alongside analysing these reforms as a means of exclusion, this paper argues that the new procedures most disadvantage applicants making claims on the basis of gender-related persecution.
Vogl, AF 2015, 'Over the Borderline: A Critical Inquiry into the Geography of Territorial Excision and the Securitisation of the Australian Border', University of New South Wales Law Journal, vol. 38, no. 1, pp. 114-145.
Vogl, AF & Methven, E 2015, 'We will decide who comes to this country, and how they behave: A critical reading of the asylum seeker code of behaviour', Alternative Law Journal, vol. 40, no. 3, pp. 175-179.
When people seeking refugee status come before departmental officers or administrative bodies, the applicants first person testimony plays a crucial role since there is often little or no other evidence such as documents or witnesses to support the claim being made. The distinctly narrative form of refugee applicants evidence and its central place in the status determination process make such testimony an ideal site from which to explore the laws relationship with narrative. In this article I use one Refugee Review Tribunal decision to exemplify how demands for narrativity, in relation to both the content and form of evidence, influence determinations about the plausibility of refugee testimony. I argue that part of the laws requirement for `plausible evidence involves an expectation that refugee applicants tell a good story that is, one that predominantly conforms to the conventions of model narrative forms. When the law responds to the events and accidents within refugee testimony, narrative expectations are at play and the precise terms of these standards and the content of `good, orderly narratives are implicit, shifting and inconsistent.
Vogl, AF 2012, 'Seeking Asylum: Human Smuggling and Bureaucracy at the Border (review)', Canadian Journal of Law and Society, vol. 27, no. 1, pp. 159-159.
Vogl, AF 2017, 'Sovereign Relations: Australia's 'Off-shoring' of Asylum Seekers on Nauru in Historical Perspective' in Epstein, C (ed), Against International Relations Norms: Postcolonial Perspectives, Routledge, UK, pp. 158-174.View/Download from: UTS OPUS or Publisher's site
This chapter focuses on the offshore processing centre on Nauru, in order to interrogate how the norm of sovereignty is used, or rather, abused in the Australian policy of offshore processing. The Australian Government has repeatedly and consistently claimed that under the laws of sovereignty, Nauru is responsible for the refugee processing centre on its territory. Against this view, I argue in this chapter that the Australian Government abuses foundational norms of sovereignty in the policy of offshore processing in order to avoid liability for refugee detention and processing on Nauru. In so doing, the Australian Government undermines Nauru's formal sovereign status, exercises effective control over Nauruan territory, and in essence implements its own migration and asylum policy on Nauruan soil. This chapter further argues that Australia's offshore processing regime on Nauru is best understood through a postcolonial lens; that is, Australia's use of Nauruan territory to establish a processing centre beyond Australian legal regulation is directly continuous with Australia's colonial history in the Pacific, and with Nauru in particular. Australia's ability to exploit Nauru's territory and its sovereignty in order to implement its own migration and 'border control' strategies is made possible by Australia's former colonial relationship with Nauru. In turn, offshore processing extends and continues Nauru's ongoing relationship with Australia of dependence and aid, which began with Australia's colonial exploitation of Nauru's land and resources.
Vogl, A & Dehm, S UTS Faculty of Law and Academics for Refugees 2017, An Unfair and Dangerous Process: A Legal Analysis of the Ministerial Deadline to Apply for Asylum and Use of Executive Power in the Legacy Caseload, pp. 1-19, Sydney.View/Download from: UTS OPUS
Vogl, A Women's Legal Services 2007, A Long Way to Equal: An Update of 'Quarter Way to Equal: A Report on Barriers to Access to Legal Services for Migrant Women, Sydney.
The imposition of a non-negotiable, non-discretionary and blanket deadline to a group of asylum seekers – where the failure to meet the deadline extinguishes any form of claim – is an exceptionally unfair, arbitrary and dangerous measure.
Vogl, A. 2016, 'A Matter of Time: Enacting the Exclusion of Onshore Refugee Applicants Through the Reform and Acceleration of Refugee Determination Processes'.
Vogl, A 2014, 'Asylum Seeker Code is a Rhetorical Tool – with Severe Consequences', The Conversation.
Vogl, A 2014, 'On Asylum Seekers, International Law can't Hold Back this Government', The Guardian.
Vogl, A 2013, 'Comment: Aggravated People Smuggling', Alternative Law Journal, pp. 276-276.
Vogl, A 2013, 'FOI Documents Reveal Mining Lobby's Demand For EDO Closure', Alternative Law Journal, pp. 56-57.
Vogl, AF 2012, 'Coroner says Christmas Island tragedy was 'foreseeable'', Legal Service Bulletin Co-operative Ltd, pp. 139-139.