This article draws upon psychological and sociological literature to explore the issues that arise in eliciting and presenting a refugee narrative when the claim is based upon sexual orientation. Rigid notions of homosexual identity may consciously or subconsciously shape decision-makers' approaches in this field. First, we identify psycho-social issues of particular significance to lesbian, gay and bisexual claimants which may act as barriers to eliciting their narrative of self-identity, including: a reluctance to reveal group membership as the basis of a claim, the experience of passing or concealment strategies, the impact of shame and depression on memory, common experience of sexual assault, and sexualisation of the identity narrative in the legal process. Secondly, we explore factors which inhibit the reception of such narratives in the legal process. In particular we explore the psychological 'stage model' of sexual identity development and examine the pervasive impact this model has had upon decisionmakers' 'pre-understanding' of sexual identity development as a uniform and linear trajectory.
Laurie and Bassina co-direct the Migrant Worker Justice Initiative (www.mwji.org), which engages in rigorous empirical research in Australia and globally to catalyse improved enforcement of rights and just remedies for temporary migrants.
Laurie and Bassina co-direct the Migrant Worker Justice Initiative (www.mwji.org), which engages in detailed empirical research in Australia and globally to catalyse improved enforcement of rights and just remedies for temporary migrants. • Isabel Salinas Alcaraz, who passionately worked with the authors to develop and implement the survey distribution strategy, including recruitment and oversight of the Outreach Committee; • The Outreach Committee and other volunteers who assisted with distribution of the survey within their community and language groups and with reviewing survey translations including:
for her expert and insightful statistical analysis of the data contained in this report, and her contribution to the graphic representation of the data. Angela Kintominas, Research Associate at the Migrant Worker Justice Initiative, provided excellent editorial assistance on the report. Yumeng Yue and Andreea Constantin provided valuable research assistance in the set up of the survey and the editing and re-coding of data. Lisa Jeffery assisted with compilation of initial contacts for survey distribution. The authors deeply appreciate the time and effort contributed by the many individuals who voluntarily assisted with survey design and distribution, including: • Isabel Salinaz Alcaraz, who passionately worked with the authors to develop and implement the survey distribution strategy, including recruitment and oversight of the Outreach Committee; • The Outreach Committee and other volunteers who assisted with distribution of the survey within their community and language groups and with reviewing survey translations including:
Exploitation of temporary migrant workers in Australia has emerged as a significant human rights concern. However, limited attention has been paid to the State's responsibility to ensure individual workers can access remedies for rights violations. This article considers whether Australia's government agencies and institutional frameworks are suitable to enabling remedies for temporary migrant workers, and how well they deliver remedies to individuals in practice. Drawing on new empirical data, it focuses on the role of the national labour inspectorate, the Fair Work Ombudsman (FWO).FWO has undertaken various education, compliance and deterrence initiatives directed to systemically improving conditions for migrant workers. This article considers the extent to which individual migrant workers seek assistance from FWO to recover their personal unpaid wages, and the remedial outcomes of individual claims lodged with the agency.We illuminate structural factors contributing to migrants' reluctance to engage with FWO, as well as factors contributing to low wage recovery rates for those who do contact FWO. We conclude that although these challenges are numerous and multi-layered, they are not all inevitable. Reforms should incorporate a new migrant-centred approach that recalibrates the risks and costs of seeking remedies against the likelihood of obtaining a just outcome.
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