Professor Mary Crock

Profile Research and grants Publications Selected Media

Profile

Degrees and Qualifications

BA (Hons) LLB (Hons) Melbourne (1982)
PhD Melbourne (1994)
Admitted to Practice as a Barrister and Solicitor of the Supreme Court of Victoria and of the High Court in 1984
Admitted to Practice as a Barrister and Solicitor of the Supreme Court of New South Wales in 1994
Registered Migration Agent
Accredited Specialist, Immigration Law

Courses Taught

UG:

• Administrative Law
• Advanced Public International Law
• International Human Rights Law
• Legal Institutions
• Migration Law

PG:

• Administrative Law
• Advanced Public International Law
• International Human Rights Law
• Law, Lawyers and Justice
• Legal Institutions
• Migration Law
• Public Law

Areas of Interest

Mary Crock came to academia in Sydney in 1995 after completing her PhD in immigration and refugee law. Her main field of research is migration, citizenship and refugee law. However, she has general interests in administrative law and international human rights law as well as in related fields of public law such as constitutional law and public international law.

Her specific research interests range from studies of the interaction between Parliament and the judiciary to the legal rights of migrants and refugees in general and of child migrants in particular. She is known for her work on immigration detention, but has also written and lectured on many other aspects of immigration and refugee law and their interface with other areas of law and other disciplines.

The most recent foci of her research has been twofold. In 2006 she published the results of her research into child migrants and asylum seekers (as author of two reports and advisor in two others), as well as a general text on refugees and irregular migrants. In 2007 she has continued work on a second edition of her text on Immigration and Refugee Law (Federation Press, 1998), and will be completing an historical and cultural study on the impact that migrants have had on the development of public law in Australia.

Brief Biographical Detail

Mary Crock was born in 1959 in Perth, Western Australia but grew up in Melbourne, Victoria. She completed her undergraduate studies in Arts and Law at the University of Melbourne in 1983 and went on to work in a variety of positions ranging from solicitor in the law firm of Corr and Corr (as it then was) to Judge's Associate and solicitor in a community legal agency. Mary is married to Ron McCallum AO. They have three children: Gerard (b 1987), Daniel (b 1989) and Kate (b 1992).

Mary’s interest in migration and refugee law reflects her past involvement in direct advocacy work. Mary Crock helped to establish and run the Victorian Immigration Advice and Rights Centre Inc in Melbourne, now known as the Refugee and Immigration Law Centre (Vic). She has worked with Australian Senators (most notably in 1999-2000 on an inquiry into Australia’s Refugee and Humanitarian Program) and with the Human Rights and Equal Opportunity Commission (preparing a report in 2000 on the Immigration Detention Centre at Curtin, near Broome in remote Western Australia).

Mary has a long standing interest in the intersections between legal scholarship and legal practice. She has assumed leadership roles as Chair of various migration law related committees for the Law Institute of Victoria, the Law Society of New South Wales and the Law Council of Australia and has served on the Executive Committee of the Refugee Council of Australia. She is chief examiner for all of Australia’s specialist accreditation programs for lawyers in the area of immigration law. Her contribution was acknowledged in 2007 by her appointment as an Honorary Specialist in this field.

Research and Other Grants

Publications

Books and Reports | Books and Edited Collections | Reports | Editorial Roles | Chapters in Books | Refereed Articles | Book Review | Other Articles/Papers | Refereed Conference Papers

Books and Major Reports

• Crock, M & Berg, L, Immigration, Refugees and Forced Migration: Law, Migration and Practice in Australia, Federation Press: Sydney (2011)
• Crock, M, Bhabha, J, Finch, N & Schmidt, S, Seeking Asylum Alone: A Comparative Study, Themis Press: Sydney (2007)
• Crock, M, Seeking Asylum Alone: A Study of Australian Law, Policy and Practice Regarding Unaccompanied and Separated Children, Themis Press: Sydney (2006)
• Crock, M, Saul, B & Dastyari, A Future Seekers II: Refugees and Irregular Migration in Australia, Federation Press: Sydney (2006)
• Crock, M & Saul, B, Future Seekers: Refugees and the Law in Australia, The Federation Press: Sydney (2002), 160pp. (Nominated for Human Rights Award, (HREOC) (2002) and Queensland Premier’s Literary Award, (2002))
• Crock, M, Immigration and Refugee Law in Australia, The Federation Press: Sydney (1998), 331pp

Edited Books and Journals

• Crock, M, & Johns, F, International Journal of Law and Psychiatry (Special Issue: Migration, Mental Health and Human Rights), Elsevier: UK (2004).
• Crock, M, & Johns, F (eds), International Journal of Law and Psychiatry (Special Issue: Migration, Mental Health and Human Rights), Elsevier: UK (2004).
• Crock, M & Lyons, K (eds), NationSkilling: Immigration, Labour and the Law in Australia, Canada, New Zealand and the United States, Desert Pea Press and Australia Pacific Migration Research Network: Sydney (2002), 134 pp.

Reports

• Crock, M, Entry Level Knowledge Assessment Committee, Report Prepared for the Migration Agents Registration Authority (July, 2000).
• Crock, M, Report on the Conditions in Immigration Detention Facilities in the Broome Region, Western Australia (Human Rights and Equal Opportunity Commission) (2000). See: http://www.hreoc.gov.au/human_rights/asylum_seekers/index.html
• Crock, M, Immigration Advisory Service Report Ecumenical Migration Centre/ Victorian Law Foundation (December, 1987), 68pp.

Editorial roles

• 2002-present: Editor, Immigration Review (LexisNexis Butterworths)
• 1995-2000: Editor, Immigration Review Tribunal Digest (Butterworths)
• 1995-1998: Sub-editor (Migration Law): Administrative Law Decisions and Administrative Law Bulletin (Butterworths)
• 1996: Blake Dawson Waldron Summary of Australian Occupational Health and Safety Legislation (Blake Dawson Waldron, continually updated) (as principal editor to March 1996)

Chapters in Books

• Crock, M. "Women and Migration Law" in P Easteal (ed), Women and the Law in Australia, LexisNexis: Sydney (2010) 328-349
• Crock, M, "Re-thinking the Paradigms of Protection: Children as Convention Refugees in Australia" in J McAdam (ed), Forced Migration, Human Rights and Security, Hart Publishing: Oxford, UK (2008) 155-180
• Crock, M, Kenny, MA & Allison, F, "Children and Immigration and Citizenship Law" in G Monaghan & Young, L (eds) Children and the Law in Australia, LexisNexis Butterworths: Australia (2008) 238-254
• Crock, M & Santow, E, “Privative Clauses and the Limits of the Law” in M Groves & HP Lee (eds), Australian Administrative Law: Fundamentals, Principles and Doctrines, Cambridge University Press: Australia (2007) 345-367
• Crock, M & Friedman, L, “Immigration Control and the Shaping of Australia's Labour Market: Conflicting Ideologies or Historical Imperatives?” in C. Arup, P. Gahan, J. Howe, R. Johnstone, R. Mitchell & A. O'Donnell (eds), Labour Law and Labour Market Regulation - Essays on the Construction, Constitution and Regulation of Labour Markets and Work Relationships, Federation Press: Sydney (2006) 322-343
• Crock, M, “Durable Solutions or Politics of Misery? Refugee Protection in Australia after Tampa” in N. Bolzan, M. Darcy & J. Mason (eds), Fenced In Fenced Out: Border Protection, Asylum and Detention in Australia, Common Ground Publishing: Melbourne (2006) 23-51
• Crock, M, “You Have to be Stronger than Razor Wire: Legal Issues Relating to the Detention of Refugees and Asylum Seekers” in Conference Proceedings, International Association of Refugee Law Judges Stemming the Tide or Keeping the Balance – The Role of Judges 5th Conference, Wellington NZ (2003) 175-232
• Crock, M, “The Refugee Convention At Fifty: Mid-life crisis or terminal inadequacy? Some comments on the processing of refugee claims in Australia” in S Kneebone (ed), The Refugees Convention 50 Years On: Globalisation and International Law, Ashgate (2003) 47-91
• Crock, M, “Migration Law and Policy for the new Millenium: Building Nation and Community” in G Patmore (ed), New Voices for Social Democracy: Labor Essays 1999-2000, Pluto Press: Melbourne (1999) 254-271
• Crock, M, “Privative Clauses and the Rule of Law: The Place of Judicial Review Within the Construct of Australian Democracy” in S Kneebone (ed), Administrative Law and the Rule of Law: Still Part of the Same Package?, AIAL: Canberra (1999) 57-83
• Crock, M & Mathew, P, “Immigration and Human Rights In Australia” in D Kinley (ed), Human Rights in Australia: A Practical Guide, The Federation Press: Sydney (1998) 141-168
• Crock, M, “Immigration and Labour Law: Targeting the Nation’s Skills Needs” in A Frazer, R McCallum & P Ronfeldt (eds), Individual Contracts and Workplace Relations: ACIRRT Working Paper No 50, ACIRRT: Sydney (1997) 123-148
• Crock, M, “The Peril of the Boat People” in H Selby (ed), Tomorrow’s Law, The Federation Press: Sydney (1995) 28-51
• Crock, M & Clothier, M, “Immigration Law” in A Evans (ed), Lawyers’ Practice Manual (Victoria), Law Book Company (1995) chapter 14.1
• Crock, M & Clothier, M, “Immigration Law” in Smith et al (eds), Lawyers Practice Manual, (Victoria and NSW), LBC: Sydney (1991 and 1994) Chapter 7.4
• Crock, M, “Violence and Women’s Refugee Status”, in Australian Law Reform Commission Report No 69, Part 1: Equality Before the Law: Justice For Women, Australian Law Reform Commission (1994) Chapter 11 (As special consultant for chapters 10 and 11 and author of the primary draft of chapter 11)
• Crock, M, “A Legal Perspective on the Evolution of Mandatory Detention” in M Crock (ed), Protection or Punishment: The Detention of Asylum-seekers in Australia, The Federation Press: Sydney (1993) 25-40
• Crock, M, “Winds of Change: The Future of the Detention Policy” in M Crock (ed), Protection or Punishment: The Detention of Asylum-seekers in Australia, The Federation Press: Sydney (1993) 163-173
• Crock, M, “Immigration” in J Wallace & T Pagone (eds), Rights and Freedoms in Australia, The Federation Press: Sydney (1990) Chapter 12

Articles/Notes/Communications in Refereed Journals

• Crock, M & Ghezelbash, D, 'Due process and rule of law as human rights: The High Court and the “offshore” processing of asylum seekers' (2011) 18(2) Australian Journal of Administrative Law 101-114
• Crock, M & Ghezelbash, D, 'Do Loose Lips Bring Ships? The Role of Policy, Politics and Human Rights in Managing Unauthorised Boat Arrivals' (2010) 19(2) Griffith Law Review 238-287
• Crock, M, 'First Term Blues: Labor, Refugees, and Immigration Reform' (2010) 17(4) Australian Journal of Administrative Law 205-212
• Crock, M, 'Alien Fears: Politics and Immigration Control' (2010) 29(2) Dialogue 20-30
• Crock, M, ‘Defining Strangers: Human Rights, Immigrants and the Foundations of a Just Society’ (2007) 31(3) Melbourne University Law Review 1-19.
• Crock, M, ‘Seeking Asylum Alone: The Treatment of Unaccompanied and Separated Children in Australia's Refugee Determination Process’ (2006) 42 Australian Children's Rights News 1-12.
• Crock, M, 'Lonely Refuge: Judicial Responses to Separated Children Seeking Refugee Protection in Australia' (2005) 22(2) Law in Context (Special Issue: Nationality, Refugee Status and State Protection) 120-155.
• Crock, M ‘Judging Refugees: The Clash of Power and Institutions in the Development of Australian Refugee Law’ (2004) 26 Sydney Law Review 51-73.
• Crock, M, ‘Re-Reading Refugee and Migration Laws Immigration Mindsets - How our thinking has shaped migration law in Australia’ (2004) 27(6) International Journal of Law and Psychiatry (Special Issue: Migration, Mental Health and Human Rights) 571-585.
• Crock, M, ‘In The Wake Of The Tampa: Conflicting Visions Of International Refugee Law In The Management Of Refugee Flows’ (2003) 12 Pacific Rim Journal of Law and Policy 49-95.
• Crock, M & Saul, B, ‘The Immigration Process. Nation Skilling: Immigration, Labour and the Law’ in M Crock & K Lyon (eds), Nation Skilling: Immigration, Labour and the Law in Australia, Canada, New Zealand and the United States, Federation Press and Australia Pacific Migration Research Network Working Paper No 12: Sydney (2002), ch 1.
• Crock, M, ‘You Have to be Stronger than Razor Wire: Legal Issues relating to the Detention of Asylum Seekers and Refugees’ (2002) 10 Australian Journal of Administrative Law 33- 63.
• Crock, M, ‘Contract or Compact: Skilled Migration and the Dictates of Politics and Ideology’ (2001) 16 Georgetown Immigration Law Journal 133-154.
• Crock, M, ‘Echoes of the Old Countries or Brave New Worlds: Legal Responses To Refugees And Asylum Seekers In Australia And New Zealand’ (2001) 14(1) Revue Québécoise de Droit International 55-91.
• Crock, M, ‘A Sanctuary Under Review: Where to From Here for Australia’s Refugee and Humanitarian Processes’ (2000) 23 University of NSW Law Journal 246-288.
• Crock, M, ‘Of Fortress Australia and Castles in the Air: The High Court and the Judicial Review of Migration Decisions’ (2000) 24 Melbourne University Law Review 190-217.
• Crock, M, ‘Boat People in Australia’ (2000) 10 Polemic 46-50.
• Crock, M, ‘Sustaining Migration: Immigration, Population Policy and Global Questions for Australia’ (1999) 11(3) The Sydney Papers 75-88.
• Crock, M, ‘Review- Anker, D, 'Law of Asylum in the United States' (3rd ed)’ (1999) 11(3) International Journal of Refugee Law 592-593.
• Crock, M, ‘Migrants and the Law’ (1998) 20 Legal Date 3-5.
• Crock, M, ‘Apart from Us or a Part of Us: Immigrants’ Rights, Public Opinion and the Rule of Law’ (1998) 10 International Journal of Refugee Law 49-76.
• Crock, M & Gibian, M, ‘Before the High Court: Minister for Immigration and Multicultural Affairs v Eshetu’ (1998) 20 Sydney Law Review 457 – 472.
• Crock, M, ‘Judicial Review and Part 8 of the Migration Act: Necessary Reform or Overkill?’ (1996) 18 Sydney Law Review 267-303.
• Crock, M, Cited in Minister for Immigration & Ethnic Affairs & Refugee Review Tribunal v Surjit Singh (1997) 74 FCR 553, at 565.
• Crock, M & McCallum, R C, ‘Australia's Federal Courts: Their Origins, Structures and Jurisdiction’ (1995) 46 South Carolina Law Review 719-760.
• Crock, M & McCallum, R C, ‘The Chapter III Courts: the Evolution of Australia’s Federal Judiciary’ (1995) 6 Public Law Review 187-203.
• Crock, M, ‘Climbing Jacob's Ladder: The High Court and the Administrative Detention of Asylum Seekers in Australia’ (1993) 15 Sydney Law Review 338-356.
• Crock, M, ‘Life After the Platters’ (1986) 60 Law Institute Journal 1204-12 (awarded the Rogers Legal Writing Award 1987).
• Crock, M, ‘Federalism and the External Affairs Power’ (1983) 14 Melbourne University Law Review 238-264.
• Crock, M, Casenote, ‘R v Peter’ (1982) 13 Melbourne University Law Review 648-651.

Book Reviews

• Crock, M, 'Liu, G, Chinese Immigration Law' (2011) 12(2) Australian Journal of Asian Law 324-327.
• Crock, M, ‘Rubenstein, K, Australian Citizenship Law in Context’ (2003) 25 Sydney Law Review 125-128.

Other Articles/Papers

• Crock, M, “The Heart In Action: The Seeking Asylum Alone Project and the experiences of Unaccompanied and Separated Children in Australia’s Refugee Determination Process”, Sacrè Coeur Association of NSW: Cor Unim: Celebrating 125 Years of Sacred Heart Education. First Forum, 14 February 2007.
• Crock, M, “Seeking Asylum Alone: Unaccompanied and Separated Children in Australia’s Refugee Determination Process”, (2007) Sydney papers, 115-130.
• Crock, M, “Nauru is No Place for Asylum Seekers”, (2006) The Australian, 15 May 2006 (with J. McAdam)
• Crock, M, “Memorandum on proposed changes to the Migration Act”, Submission to the Senate Inquiry on the Migration Amendment (Designated Unauthorised Arrivals) Bill 2006
• Crock, M, ‘Seeking Asylum Alone: The Treatment of Unaccompanied and Separated Children in Australia's Refugee Determination Process’ (2006) 42 Australian Children's Rights News 1-12.
• Crock, M, “Tragedy of a Common Man” (2004) published on independent news site: http://www.scoop.co.nz, 24 December, 2004
• Crock, M, Senate Select Committee on Ministerial Discretion, Submission to Senate Inquiry, September 2003
• Crock, M, Editorial (every issue) Immigration Review (2002-2004).
• Crock, M, ‘Legal System All at Sea’, Australian Financial Review, 14 November 2003.
• Crock, M, ‘Tampa: heroic litigation and a law unto itself’, Australian Financial Review, 30 August 2002, p 56.
• Crock, M, ‘Protecting Australia's Borders’ (2002) 1 Immigration Review 14-19.
• Crock, M, ‘Making Sense of the Rule of Law’ (2002) 8 Immigration Review 118.
• Crock, M & Miller, D, ‘Mandatory Detention of Asylum Seekers in Australia’ (2000) 9(1) Human Rights Defender 15-16.
• Crock, M, ‘Charity in Chains: Detention of Asylum Seekers’ (2000) 31(14) ANU Reporter 7.
• Crock, M, ‘Stop Panicking about the boat people’, Opinion piece, Australian Financial Review, 18 November 1999, p 21.

Refereed Full Length Conference Papers

• Crock, M, ‘International Legitimacy of Offshore Processing’, The Admission and Exclusion of Asylum-Seekers: The Search for Legitimate Parameters, UTS: Law, 26 November 2006
• Crock, M, ‘Protecting the Vulnerable: Unaccompanied and Separated Children in need of protection’, Hopes Fulfilled or Dreams Shattered? From resettlement to settlement Conference, UNSW: Centre for Refugee Research, 23-28 November 2005
• Crock, M, ‘Children and Refugee Protection in Australia’, Moving On: Forced Migration and Human Rights, Parliament House, Sydney, 22 November 2005
• Crock, M, ‘Labour Law, Equity and Efficiency: Structuring and Regulating the Labour Market for the 21st Century’, University of Melbourne: Faculty of Law, 22 November 2005
• Crock, M & Friedman, L, ‘Imagining the Labour Market: The Formative Role of Immigration Regulation’, presented at Labour Law, Equity and Efficiency: Structuring and regulating the labour market for the 21st century, University of Melbourne, 8 July 2005
• Crock, M, ‘Deflecting Refugees in The Asia Pacific Region: Provenance and Prospects of Australia’s Pacific Strategy’, Law Asia Down Under 2005
• Crock, M, ‘Childhood Enchained: Constitutional Deficiency or Careless Neglect? The Australian Constitution and Children in Immigration Detention’, presented at Gilbert and Tobin Centre of Public Law, Constitutional Law Conference 2004, 20 February 2004 (available at: http://www.gtcentre.unsw.edu.au/Crock-Paper.doc).
• Crock, M, Keynote speaker ‘Refugees in Australia: Of Lore, Legends and the Judicial Process’, presented at Annual Colloquium of the Australian Judicial Conference, Darwin, NT, 31 May 2003 (published 2004 as ‘Judging Refugees’).
• Crock, M, ‘You have to be stronger than Razor Wire: Legal Issues relating to the Detention of Refugees and Asylum Seekers’, presented at Stemming the Tide or Keeping the Balance – The Role of the Judiciary International Refugee Law Judges Biannual Conference, Wellington, NZ, 22 October 2002 (published 2003).
• Crock, M, Keynote Speaker, ‘In the Wake of the Tampa’, presented at “The Tampa and Beyond”, Washington University and Pacific Rim Journal of Law and Policy Seminar, Seattle, Washington, 22 April 2002 (published 2003).
• Crock, M, ‘The Refugee Convention At Fifty: Mid-life crisis or terminal inadequacy? Some comments on the processing of refugee claims in Australia’, 8 June 2001 (published 2003).

Selected Media

Mary Crock is a frequent commentator on issues relating to immigration, refugees and judicial review. The following record highlights some of the more significant interviews conducted with her in recent years.

Mary and her three children featured in a special episode of ABC television’s Compass program, entitled “Ron’s Gift”, which aired on Sunday May 13th 2007. This program gave great insight into the life and faith of Mary’s husband, Ron McCallum AO.

A full transcript of the program may be found at:
http://www.abc.net.au/compass/s1922194.htm

Radio Appearances

Television Appearances

News and Print Media