Linda Kirk SFHEA

Honorary Senior Lecturer
BEc, LLB (Hons) (Adel), LLM (Cantab), GDLP

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Biography

Linda Kirk holds a Master of Laws degree from the University of Cambridge, and a Bachelor of Laws degree with First Class Honours and a Bachelor of Economics degree from the University of Adelaide.
She is currently on sabbatical leave at the Refugee Law Initiative, School of Advanced Study, University of London, where she is completing her Doctor of Juridical Science dissertation as an Australian Endeavour Research Fellow.
Linda is a part-time Senior Member of the Administrative Appeals Tribunal and a former Senior Member of the Migration Review Tribunal and the Refugee Review Tribunal from 2009-2014. From 2002-2008 she was a Senator for South Australia, and a member of the Senate Legal and Constitutional Committee and the Deputy Chair of the Joint Standing Committee on Migration.
Linda was the Chair of the Australasian Chapter of the International Association of Refugee Law Judges (IARLJ) from October 2011 to July 2016. She is currently a member of the Committee of the Asia-Pacific Chapter of the IARLJ and the Rapporteur of the IARLJ Extraterritorial Processing Working Party.

Appointments

  • 2017 - current   Senior Member, Administrative Appeals Tribunal, Sydney
  • 2016                  Deputy Director, Migration Law Program, ANU College of Law
  • 2014 - 2016      Sub-Dean, Migration Law Program, ANU College of Law
  • 2009-2014       Senior Member, Migration Review Tribunal and Refugee Review Tribunal
  • 2002-2008       Senator for South Australia
  • 1994-2001       Lecturer, Law School, University of Adelaide

Awards

Year Title
2017 Citation for Outstanding Contribution to Student Learning - Migration Law
2016 Award for Program or Service that Enhances Learning - Migration Law

Significant research publications

  • Kirk, Linda. 'Improving Consistency in Protection Status Decisions in Australia: Looking to the United Kingdom for Guidance' (2017) 31(2) Journal of Immigration Asylum and Nationality Law 151-174
  • Kirk, Linda, ‘Accelerated Asylum Procedures in the United Kingdom and Australia: ‘Fast Track’ to Refoulement? in Dallal Stevens and Maria O’Sullivan (eds), States, the Law and Access to Refugee Protection: Fortresses and Fairness (Hart Publishing, 2017) 241-270.
  • Kirk, Linda, ‘‘Island Nation’: The Impact of Human Rights Law on Australian Refugee Law’ in David Cantor and Bruce Burson (eds), On the Borders of Refugee Protection? The Impact of Human Rights Law on Refugee Law – Comparative Practice and Theory (Martinus Nijhoff, 2016) pp49-85.

Recent news

01
Mar
2017
Australian Parliament House
The implementation of Trump's executive order has undoubtedly increased the precariousness of migrants in the United States, but when viewed from an Australian perspective the measures are neither novel nor remarkable.
07
Feb
2017
United States of America Flags
It is often said that a week is a long time in politics, but in the United States the weekend saw the political and legal landscape change almost by the hour.
13
Jan
2017
Linda Kirk
When Linda Kirk taught law in the 1990s, migration and refugee law courses weren’t offered as electives. But becoming a Senator in the post-9/11 era of 2002 until 2008 set her on a path that will take her to the Refugee Law Initiative in London later this year.

In the Media

8
May
2017
Linda Kirk speaks to The Heat - CGTN America
3
Jan
2017
Linda Kirk speaks to SBS News

Please note, only a small selection of recent publications and activities are listed below.

Research biography

Linda Kirk undertakes research and teaches in Australian Migration and Refugee Law and Practice, International Refugee Law and Human Rights, and Comparative Asylum Status Determination Procedures.

Linda is currently enrolled in the Doctor of Juridical Science (SJD) degree at Monash University and is writing her dissertation on administrative justice and refugee status determination procedures in the UK, Canada and Australia. She has published in national and international law books and journals in the fields of Australian constitutional and administrative law, international refugee law and comparative refugee status determination procedures. She regularly writes submissions for Commonwealth Parliament Committee inquiries in the legal and immigration portfolios.

Research projects & collaborations

  • Doctor of Juridical Studies, Shifting the Boundaries of Refugeehood: Group-based Approaches to Refugee Status Determination by Tribunals in the United Kingdom, Canada and Australia (in progress)

Grants

  • ANU Early Career Researcher Travel Grant (2016)
  • ANU Teaching Enhancement Grant (2016) (with Er-Kai Wang)

Book chapters

  • Kirk, Linda, ‘Accelerated Asylum Procedures in the United Kingdom and Australia: ‘Fast Track’ to Refoulement? in Dallal Stevens and Maria O’Sullivan (eds), States, the Law and Access to Refugee Protection: Fortresses and Fairness (Hart Publishing, 2017) 241-270.
  • Kirk, Linda, ‘‘Island Nation’: The Impact of Human Rights Law on Australian Refugee Law’ in David Cantor and Bruce Burson (eds), On the Borders of Refugee Protection? The Impact of Human Rights Law on Refugee Law – Comparative Practice and Theory (Martinus Nijhoff, 2016) pp49-85.
  • Kirk, Linda, ‘The Senate: Money, Mandates and Manners’ in Glenn Patmore and Gary Jungwirth (eds),  The Big Makeover: A New Australian Constitution (Pluto Press Australia, 2002) pp100-113.
  • Kirk, Linda, ‘Boilermakers Case’ and ‘Judicial Power’ in Tony Blackshield, Michael Coper and George Williams (eds), The Oxford Companion to the High Court of Australia (Oxford University Press, 2000) pp65-66, and pp372-373.
  • Kirk, Linda, ‘Chapter III and Legislative Interference with the Judicial Process: Abebe v Commonwealth and Nicholas v The Queen’ published in George Williams and Adrienne Stone (eds), The High Court at the Crossroads: Essays in Constitutional Law (Federation Press, 2000) pp119-141.
  • Kirk, Linda, ‘The Constitutionalisation of Administrative Justice’ in Robin Creyke and John McMillan (eds), Administrative Justice: the Core and the Fringe (Australian Institute of Administrative Law, 1999) pp106-123.

Refereed journal articles

  • Kirk, Linda. 'Improving Consistency in Protection Status Decisions in Australia: Looking to the United Kingdom for Guidance' (2017) 31(2) Journal of Immigration Asylum and Nationality Law 151-174.
  • Kirk, Linda, ‘Discrimination and Difference: Race and Inequality in Australian Law’ (2000) vol 4, International Journal of Discrimination and the Law 323-341.
  • Kirk, Linda, ‘Til Dismissal Us Do Part’: Dismissal of a President’ (1998) 21(3) University of New South Wales Law Journal 892-896.
  • Kirk, Linda, ‘Sisters Down Under: Women Lawyers in Australia’ (1996) 12 Georgia State University Law Review 491-516.
  • Kirk, Linda, ‘Exclusion to Emancipation: A Comparative Analysis of Women’s Citizenship in Australia and the United States’ (1995) 97 West Virginia Law Review 725-750.
  • Kirk, Linda, ‘Portia’s Place: Australia’s First Women Lawyers’ (1995) 1 Australian Journal of Legal History 75-91              

 

Conference papers & presentations

  • Kirk, Linda, ‘Refugee Protection in the United Kingdom Beyond Brexit: The Perils of Australian Exceptionalism’ Paper delivered to Refugee Law Initiative, 8th International Refugee Law Seminar Series, Institute of Advanced Legal Studies, London, 25 October 2017 (25 pages).  
  • Kirk, Linda, ‘The Migration Policies of Australia: A Culture of Control’, Paper delivered to XXII Annual Conference of the Italian Society of International Law and European Union Law (SIDI) Conference, Migration and International Law: Beyond Emergency University of Trento, Italy, 8 June 2017 (21 pages).
  • Kirk, Linda, ‘Migration, Refugees and Multiculturalism in Australia’, Paper delivered to Nagoya University of Foreign Studies seminar, Japan, 20 February 2017 (15 pages).
  • Kirk, Linda, ‘Considering Credibility’, Paper delivered to Refugee Law Symposium, Osaka University, Japan, 17 February 2017 (10 Pages).
  • Kirk, Linda, ‘It’s About Time’: The Role of Time in Protection Status Determination Procedures Under the Migration Act’ – Paper delivered to Kaldor Centre for International Refugee Law Conference 2016, Sydney 18 November 2016 (18 Pages).
  • Kirk, Linda ‘Doctor on Wire’: Walking the Legal and Ethical Tightrope in Immigration Detention Centres’ – Paper delivered to Australasian College of Legal Medicine Annual Scientific Meeting, Melbourne, 15 October 2016 (30 pages).
  • Kirk, Linda ‘Doctors Without Borders?’: The Challenge to the Secrecy Provisions of the Border Force Act’ – Paper delivered at Staff Seminar, RMIT University, Graduate School of Business and Law, Melbourne 25 August 2016 (20 pages).
  • Kirk, Linda ‘From Fraternity to Fragmentation’: Australia’s Sui Generis Approach to the Refugee Definition – Paper delivered at ‘The Future of Refugee Law’ Conference, Refugee Law Initiative, School of Advanced Study, University of London, 29 June 2016 (15 pages).
  • Kirk, Linda ‘Lessons from Down Under’: The ‘Outsourcing’ of Australia’s International Refugee and Human Rights Obligations to Nauru – Paper delivered at Migration Law Network 2016 Conference ‘Europe’s Crisis: What Future for Immigration and Asylum Law and Policy?’ Queen Mary University of London, 28 June 2016 (18 pages).
  • Kirk, Linda ‘Between the Devil and the Deep Blue Sea’: ‘Enhanced Screening’ of Asylum-Seekers in Australian Waters’ – Paper delivered at IARLJ-UNHCR Conference ‘The Role of the Judiciary in Asylum and Other International Protection Law in Asia’, Seoul, 11 June 2016 (20 pages).
  • Kirk, Linda ‘Australia’s Sui Generis Approach to the Refugee Definition’ – Paper delivered at Socio-Legal Scholars Association, Refugee and Asylum Law: Theory, Policy and Practice, Lancaster University, 6 April 2016 (20 pages).
  • Kirk, Linda ‘Convergence between International Human Rights Law and International Refugee Law: Married or Just Dating?’  - Paper delivered at Human Rights Integration Network Conference, The Global Challenge of Rights Integration: Towards a Users’ Perspective, University of Ghent, Belgium, 10 December 2015 (15 pages).

Government submissions

  • Kirk, Linda, Hoang, Khanh and Dickie, Marianne, Submission to the Senate Legal and Constitutional Legislation Committee, Inquiry into the Migration Legislation Amendment (Regional Processing Cohort) Bill 2016 (14 November 2016).
  • Hoang, Khanh, Kirk, Linda, Submission to the Senate Legal and Constitutional Legislation Committee, Inquiry into the Migration Amendment (Complementary Protection and Other Measures) Bill 2015 (26 November 2015).  
  • Kirk, Linda, Reich, Sudrishti, Submission to the Joint Committee on Intelligence and Security, Inquiry into the Australian Citizenship Act (Allegiance to Australia) Bill 2015 (22 July 2015).
  • Hoang, Khanh, Kirk, Linda, Zagor, Matthew, Matthew, Pene, Submission to the Senate Legal and Constitutional Legislation Committee, Inquiry in the Maritime and Migration (Asylum Legacy Caseload) Bill 2014 (October 2014).
  • Kirk, Linda, Submission to the Senate Legal and Constitutional Legislation Committee, Inquiry into the Migration (Protection and Other Measures) Bill 2014 (August 2014)

Committees

External Organisations

  • Migration Law Committee, Law Council of Australia
  • Asia-Pacific Chapter, International Association of Refugee Law Judges

Internal ANU Committees

  • Migration Law Program Committee
  • Migration Law Examiners Committee
  • Well-Being Initiative
  • Colllege Research Committee

Previous courses

Year Course code Course name
2016 LAWS4269
Class #1415
Migration Law

Philosophy & approach

 Learning takes place through the active behavior of the student: it is what (s)he does that (s)he learns, not what the teacher does. Ralph W. Tyler (1949)

When I was a student I believed that learning was a process of absorbing what was taught or conveyed to me by the lecturer, and that he or she was the ‘fount of all knowledge’. I did not fully appreciate that good teaching encourages students to build on their existing knowledge and make links between it and the new information that is presented. I was first employed as a Tutor in Commercial Law at the University of Adelaide in 1987, when I was a 20 year old law student. At this young age I had not had any teaching experience or training in the theory of teaching and I was, as it were, ‘dropped in the deep end’. Not knowing any better, I assumed the role of ‘sage on the stage’ and hoped that the students would learn by a process of transfer of knowledge. With the benefit of thirty years of professional and life experience, and the excellent theoretical training provided by the two CHELT courses I have undertaken at ANU, my teaching philosophy has developed to be one which is student-centred and constructivist in approach. I now firmly believe that knowledge cannot be given by a teacher to students; it must be constructed by the learners themselves through an active developmental process.  As a teacher I see it as my role to encourage students to question, analyse, examine and investigate and thereby construct meaning, rather than simply memorise facts and information. My teaching philosophy recognises that students learn best when they are engaged and active in their own learning. When this occurs, the quality and depth of student learning is enhanced, which boosts student confidence in their learning progress, which in turn has a positive impact on their psychological well-being. In this learning environment, the teacher is a facilitator in a student-centred, self-initiated learning process. I now view the role of teacher as a one of ‘knowledge facilitator’, not the ‘sage on the stage’ as I once believed. In my specialist field of migration law, I have found that by encouraging students to engage actively in their own learning rather than in a passive or reactive manner, the quality of their learning is deepened, and their belief in their ability to perform effectively in the ‘real world’ of advising clients about the migration status is developed.

Teaching awards

Year Title
2017 Citation for Outstanding Contribution to Student Learning - Migration Law
2016 Award for Program or Service that Enhances Learning - Migration Law

Past courses

  • LAWS8167 Australian Migration Law (Winter 2014)
  • LAWS8169 Visa Compliance, Cancellation and Review (Autumn 2014, Winter 2016, Summer 2017))
  • LAWS8168 Australia’s Visa System (Summer and Autumn 2015)
  • Migration Law - University of Alabama Law School Survey of Australian Law Program (July 2014 and July 2015)
  • LAWS4269 Migration Law (2016)
  • LAWS4269 Migration Law (2017)

How my works connects with public policy

My research focuses on the normative role played by administrative decision-making bodies, specifically the Administrative Appeals Tribunal, in improving the quality and efficiency of primary decision-making, including but not limited to the migration and refugee portfolios.

Updated:  10 August 2015/Responsible Officer:  College General Manager, ANU College of Law/Page Contact:  Law Marketing Team