Eve Lester
DECRA Fellow
BA/LLB (Melb), PhD (Melb)

Dr Eve Lester is a public and international lawyer with a background in refugee, migration and human rights law, policy and practice spanning more than 30 years.

Eve's academic research builds upon her experience in public and international legal policy and practice, particularly in relation to the human rights of refugees and migrants. Her book, Making Migration Law: The Foreigner, Sovereignty and the Case of Australia (CUP, 2018) draws on her experience as a legal practitioner and explores how it has become possible for Australia to make some of the world’s harshest asylum policies. Her research methodology brought together genealogy and critical discourse analysis.

Eve's DECRA Fellowship aims to establish a socio-legal account of the arrival in Australia of a group of Cambodian ‘boat people’ from 1989. Her research interweaves archival and oral history sources with a view not only to documenting these events but also to showing how those affected experienced and remember them. Again, this research is shaped by Eve’s experience as a legal practitioner, in particular her work representing Cambodian people who arrived in Australia by boat in the early 1990s and her later work with refugees in Cambodia.

Eve is also working with a team of scholars on a project entitled Rewriting Jurisprudence: Centring Refugee and Migrant Lived Experience. The purpose of the project is to rethink, reframe and rewrite jurisprudence from the perspectives of scholars and lawyers with lived experience of forced displacement (refugees and internally displaced persons (IDPs)), statelessness and migration. Some refugee and migration law judgments have been rewritten from queer and feminist perspectives, but this is the first project in which judgments are critiqued and rewritten by scholars and lawyers with lived experience of forced displacement, migration and statelessness.

Prior to coming to academia, Eve worked in Australia and internationally in the community legal sector, with leading international NGOs (including Amnesty International, Human Rights First, and the Jesuit Refugee Service), and has consulted to NGOs, as well as to the UN and to governments as an independent adviser. In 2020, Eve received a Myer Innovation Fellowship to support a project to develop digital technology for monitoring human rights conditions in immigration detention.

Outside Australia, Eve’s work has taken her to Africa, the Americas, Asia, Europe, and the Pacific in a range of capacities in the non-government sector, with the UN, and as an independent adviser to governments. At ANU, she currently teaches Australian Public Law. She has also taught at the Australian Catholic University, New York University, and the University of New South Wales. She teaches periodically at the International Institute for Humanitarian Law, San Remo, Italy.

For more in relation to Eve's work see: www.evelester.com

Appointments

  • Book Review co-Editor, Law & Society Review 2023–
  • Member, Examinations Review Committee, ANU College of Law 2023–
  • Board member, Jesuit Refugee Service Australia 2010–2022
  • Chair, Jesuit Refugee Service Australia 2022–
  • Treasurer, Oral History Victoria 2023–

Significant research publications

Book

  • Eve Lester, Making Migration Law: The Foreigner, Sovereignty and the Case of Australia (CUP, 2018)

Book chapters

  • Eve Lester, ‘Article 20’ [Rationing] in Andreas Zimmermann (ed), 1951 Convention Relating to the Status of Refugees and its 1967 Protocol: a Commentary (OUP, 2023, 2nd ed) 1163–1174 (forthcoming)
  • Eve Lester, ‘Article 23’ [Public Relief] in Andreas Zimmermann (ed), 1951 Convention Relating to the Status of Refugees and its 1967 Protocol: a Commentary (OUP, 2023, 2nd ed) 1217–1234 (forthcoming)
  • Eve Lester, ‘Article 24’ [Labour legislation and social security] in Andreas Zimmermann (ed), 1951 Convention Relating to the Status of Refugees and its 1967 Protocol: a Commentary (OUP, 2023, 2nd ed) 1235–1260 (forthcoming)
  • Eve Lester, ‘Article 25’ [Administrative Assistance] in Andreas Zimmermann (ed), 1951 Convention Relating to the Status of Refugees and its 1967 Protocol: a Commentary (OUP, 2023, 2nd ed) 1263–1282 (forthcoming)
  • Eve Lester, ‘Australian Responses to Refugee Journeys: Matters of Perspective and Context’ in Rachel Stevens and Jordana Silverstein (eds), Refugee Journeys: Histories of Resettlement, Representation and Resistance (ANU Press, 2021) 23–50
  • Eve Lester, ‘Refugee Protection and National Constitutions’ in Cathryn Costello, Michelle Foster and Jane McAdam (eds), The Oxford Handbook of International Refugee Law (OUP, 2021) 258–276
  • Eve Lester, ‘The Right to Liberty’ in Cathryn Costello, Michelle Foster and Jane McAdam (eds), The Oxford Handbook of International Refugee Law (OUP, 2021) 933–951

Refereed journal articles

  • Peter Prince and Eve Lester, 'The God of the "God Powers": The Gaps Between History and Law', in Ashley Hay and Teela Reid (eds), Griffith Review 76: Acts of Reckoning (Text Publishing, 2022) 172–185
  • Eve Lester, ‘Internationalising Constitutional Law: An Inward-Looking Outlook’ (2016) 42(2) Australian Feminist Law Journal 321–349
  • Eve Lester, ‘Work, the Right to Work and Durable Solutions: A Study on Sierra Leonean Refugees in The Gambia’ (2005) 17(2) International Journal of Refugee Law 331–393
  • Eve Lester, ‘A Place at the Table: The Role of NGOs in Refugee Protection — International Advocacy and Policy-making’ (2005) 24(2) Refugee Survey Quarterly 125–142

View more publications on the ANU Researchers website

Link to ANU researchers profile

View more publications on the ANU Researchers website

Link to ANU researchers profile

Research biography

Eve researches and writes on the historical development and current impact of domestic and international law and policy on people seeking asylum, refugees, and migrants. Her research methods include critical discourse analysis, genealogy, and institutional (archival) and oral history.

Eve's academic research builds upon her experience in public and international legal policy and practice, particularly in relation to the human rights of refugees and migrants. Her book, Making Migration Law: The Foreigner, Sovereignty and the Case of Australia (CUP, 2018) draws on her experience as a legal practitioner and explores how it has become possible for Australia to make some of the world’s harshest asylum policies.

Eve's DECRA Fellowship, Looking Back, Thinking Ahead: A Socio-Legal Account of Cambodian ‘boat people’, aims to establish a socio-legal account of the arrival in Australia of a group of Cambodian ‘boat people’ from 1989. Her research interweaves archival and oral history sources and methodologies with a view not only to documenting these events but also to showing how those affected experienced and remember them. Again, this research project is shaped by Eve’s experience as a legal practitioner, in particular her work representing Cambodian people who arrived in Australia by boat in the early 1990s and her later work with refugees seeking asylum in Cambodia.

Research projects & collaborations

  • DECRA Fellowship, provisionally entitled Looking Back, Thinking Ahead: A Scoio-Legal Account of Cambodian 'boat people'
  • Eve is working with a team of scholars on a project entitled Rewriting Jurisprudence: Centring Refugee and Migrant Lived Experience. The purpose of the project is to rethink, reframe and rewrite jurisprudence from the perspectives of scholars and lawyers with lived experience of forced displacement (refugees and internally displaced persons (IDPs)), statelessness and migration. Some refugee and migration law judgments have been rewritten from queer and feminist perspectives, but this is the first project in which judgments are critiqued and rewritten by scholars and lawyers with lived experience of forced displacement, migration and statelessness.

Grants

  • ‘Governing by Looking Back: A Socio-Legal Account of Cambodian ‘boat people’’, Australian Research Council DECRA Fellowship 2021 DE2101011827

Consultancies

Prior to coming to academia, Eve consulted to a range of NGOs in Australia and internationally, as well as to the UN and governments. Published outputs include the following:

  • Eve Lester, Speaking Up, Speaking Out, Speaking With: Advocacy Challenges for Civil Society’s Work with Migrants in Vulnerable Situations (Jesuit Refugee Service, 2020) (commissioned by Igniting Change, the Planet Wheeler Foundation, and the Sidney Myer Fund)
  • UNHCR, Association for the Prevention of Torture, International Detention Coalition, Monitoring Immigration Detention: Practical Manual (UNHCR, 2014)
  • Amnesty International, Living in the Shadows: A Primer on the Human Rights of Migrants (Amnesty International, 2006)

Books & edited collections

  • Eve Lester, Making Migration Law: The Foreigner, Sovereignty and the Case of Australia (CUP, 2018)

Refereed journal articles

Book chapters

  • Eve Lester, in Andreas Zimmermann et al (eds), 1951 Convention Relating to the Status of Refugees and its 1967 Protocol: a Commentary (OUP, 2024, 2nd ed) (forthcoming)
    • ‘Article 20’ [Rationing], 1163–1174
    • ‘Article 23’ [Public Relief], 1217–1234
    • ‘Article 24’ [Labour legislation and social security], 1235–1260
    • ‘Article 25’ [Administrative Assistance], 1263–1282
  • Eve Lester, ‘Australian Responses to Refugee Journeys: Matters of Perspective and Context’ in Rachel Stevens and Jordana Silverstein (eds), Refugee Journeys: Histories of Resettlement, Representation and Resistance (ANU Press, 2021) 23–50
  • Eve Lester, ‘Refugee Protection and National Constitutions’ in Cathryn Costello, Michelle Foster and Jane McAdam (eds), The Oxford Handbook of International Refugee Law (OUP, 2021) 258–276
  • Eve Lester, ‘The Right to Liberty’ in Cathryn Costello, Michelle Foster and Jane McAdam (eds), The Oxford Handbook of International Refugee Law (OUP, 2021) 933–951

Conference papers & presentations

  • Eve Lester, ‘White Australia and the (provable) history of a (tenuous) legal precedent’, Australia and New Zealand Law and History Society (ANZLHS), Annual Conference 2022, Tenuous Histories and Provable Pasts: How Legal Historians Create Knowledge, Sydney, 1–3 December 2022
  • Eve Lester, ‘Slaying the Beast: Reckoning and Remedy in the Decolonization of Refugee Law’, Global Meeting on Law and Society, Rage, Reckoning and Remedy, Lisbon, 13–16 July 2022
  • Eve Lester, ‘The illusory truth defect: history, precedent and the High Court’s continuing endorsement of “absolute sovereignty”’, Australian Historical Association (AHA), Annual Conference 2022, Urgent Histories, Geelong, 27 June to 1 July 2022
  • Eve Lester, ‘Dismantling the Unscalable Wall of Absolute Sovereignty’, Amnesty International Australia (Newcastle), Commemoration of the 20th Anniversary of the SIEVX Sinking, 19 October 2021
  • Eve Lester, closing remarks from civil society, Regional Review of the Global Compact for Safe, Orderly and Regular Migration in Asia-Pacific, 12 March 2021

Committees

EXTERNAL ORGANISATIONS

  • Book Review co-Editor, Law & Society Review 2023–
  • Board member, Jesuit Refugee Service Australia 2010–2022
  • Chair, Jesuit Refugee Service Australia 2022–
  • Treasurer, Oral History Victoria 2023–

INTERNAL ANU COMMITTEES

  • Member, Examinations Review Committee, ANU College of Law 2023–

PhD supervision

While undertaking my DECRA Fellowship, I am unavailable for supervision.

I have previously supervised:

  • Dr Graeme Lyle La Macchia, Big Gubba Business: The Making of The United Nations Declaration on the Rights of Indigenous Peoples, First Nations Resurgence and the Australian Connection (ACU, 2018)

Past courses

  • Australian Public Law
  • International Refugee Law

How my works connects with public policy

My background in legal practice and policy in Australia and internationally informs my research, which is always minded to its international and domestic public policy impact. In a range of capacities, I have been engaged over many years in refugee, migration, and human rights legal and policy processes domestically, regionally, and internationally. As part of my current research, I am engaged in the development of international and domestic policy guidance on ensuring that asylum policy is historically informed, both nationally and internationally.

Eve Lester

Research themes

Administrative Law
International Human Rights Law
International Law
Law & Society
Law & Technology
Law & Migration

Contacts

Eve.Lester@anu.edu.au