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Article
Can We Still Call Australia Home?: The Right to Return and the Legality of Australia’s COVID-19 Travel Restrictions
Australian Journal of Human Rights (2021)
  • Regina Jefferies, Western Washington University
  • Jane McAdam, The University of New South Wales
  • Sangeetha Pillai, The University of New South Wales
Abstract
In the two years since Australia logged its first COVID-19 case and sealed its borders, thousands of citizens and permanent residents were locked out. Despite having a formal right to return, their ability to come home was hampered by a ‘one size fits all’ approach to hotel quarantine, travel caps linked to state/territory capacity, and a lack of federal facilities. This article examines the legality of Australia’s entry controls in light of international and domestic law. It documents the evolution of Australia’s response from the initial outbreak in China to the 2021 Delta outbreak in India, analysing the (limited) publicly available information as to the rationale for the restrictions. It examines the right to return in Australian domestic law, including whether citizens have a constitutionally protected right of entry. It also analyses the right to enter under international law, evaluating whether Australia’s settings constitute an arbitrary restriction of that right—especially since the drafters of the International Covenant on Civil and Political Rights thought it ‘inconceivable’ that a government would prevent citizens from returning for public health reasons.
Keywords
  • COVID-19,
  • right to enter one’s country,
  • travel restrictions,
  • international law,
  • arbitrary deprivation,
  • proportionality
Publication Date
2021
DOI
https://doi.org/10.1080/1323238X.2021.1996529
Citation Information
Regina Jefferies, Jane McAdam & Sangeetha Pillai (2021) Can we still call Australia home? The right to return and the legality of Australia’s COVID-19 travel restrictions, Australian Journal of Human Rights, 27:2, 211-231, DOI: 10.1080/1323238X.2021.1996529