Professor Mary Crock
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
- Administrative Law
- Advanced Public International Law
- Immigration Refugees and Forced Migration
- Public Law
- Immigration and Nationality Law
- Refugee Law
- Immigration and Labour Law
Areas of Interest
Mary Crock came to academia in Sydney in 1995 from a background in practice after completing her doctorate on the relationship between the Courts and the Executive in controlling immigration. Her main field of research is migration, citizenship and refugee law. However, she has general interests in administrative law, constitutional law, public international law, international human rights and comparative law in these fields.
Her specific research interests range broadly from studies of the interaction between immigration and labour laws through the examination of vulnerabilities in particular categories of migrants – most particularly refugee children and youth and refugees with disabilities. Through her work with her husband, Emeritus Professor Ron McCallum AO, she has been involved in internal United Nations initiatives for the reform of the UN Human Rights treaty body system. 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. She is currently working on three large research projects. One is a comparative law and policy project run in conjunction with Harvard University and the London School of Economics (and a range of other universities both in Australia and overseas). The second pursues her interest in refugee children and youth, while the third (funded by AusAid) involves a study of refugees with disability, conducted in collaboration with UNHCR and the Women’s Commission for Refugees.
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 Emeritus Professor Ron McCallum AO, working closely with him in all aspects of their joint professional life. Ron was a foundation member of the UN Committee on the Rights of Persons with Disabilities (CRPD), CRPD chair 2009-2013 and Chair of the Committee of Chairs of the 10 member UN Treaty bodies (2011-2012). 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 head assessor for 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. In 2012 she was awarded
Funding for 'Creating New Futures for All: Children, Youth and Disability in Situations of Forced Displacement:
|2012-2015||ARC Linkage Grant ' Comparing immigration policy in the 'Group of Five': Developing an evidence base for evaluating the role of policy in international migration.' (with Boucher, A, Castles, S, Hiscox, M and Thielemann, E) ($320,000)|
|2012-2014||AusAid Research Grant, 'Assisting Refugees with Disabilities in Camp Situations (Enabling Equality)' (with McCallum RC and Saul, B) ($354,000)|
|2011||Department of Immigration and Citizenship, 'IMPALA Database project' (with Boucher, A and Hiscox, M), ($20,000)|
|2011||Shaffallah Foundation, 'Forging Futures for Refugees with Disabilities' (with McCallum, RC) ($10,000)|
|2011||Department of Immigration and Citizenship, 'IMPALA Database project' (with Boucher, A and Hiscox, M), ($15,000)|
|2010-2013||ARC Linkage Grant 'Small mercies, big futures: Enhancing law, policy and practice in the selection, protection and settlement of refugee children and youth' (with Rubenstein, K, Newman, L, Gifford, S, Saul, B & Kenny, M) ($413,000)|
|2010||University of Sydney Institute of Social Science 'Australian Immigration Law and Policy: Towards Global Best Practice' (with Hiscox, M) ($40,000)|
|2007||ARACY - The Migrant Child Project ($10,000)|
|2006||Myer Foundation - Seeking Asylum Alone (supplementary grant to assist with publication costs) ($5,000)|
|2006||University of Sydney Research Institute for the Humanities and Social Sciences - Writing Fellowship ($10,000)|
|2004-2007||ARC Discovery Grant 'The Impact of Migrants on Public Law in Australia: An Historical and Cultural Study' (with Assoc Prof Helen Irving) ($120,000)|
|2004-2006||ARC Linkage Grant 'Seeking Asylum Alone: The Treatment of Separated and Trafficked Children in Need of Refugee Protection in Australia' ($120,000) (Project partners: Public Interest Advocacy Centre, A Just Australia and Australians Against Racism)|
|2004-2005||MacArthur Foundation 'Seeking Asylum Alone: The Treatment of Separated and Trafficked Children in Need of Refugee Protection' (US$90,000). This international study is being conducted in conjunction with Harvard University, with researchers in England and the US. General report and country reports for Australia, UK and US published in 2006.|
|2003-2004||Myer Foundation 'In Need of Protection: A Case study of the treatment of Separated Afghan Children in Australia's Refugee Determination Process ($25,000) (Report due 2006, see above)|
Books and Reports | Edited Books and Journals | Editorial Roles | Chapters in Books | Articles/Notes/Communications in Refereed Journals | Book Review | Selected shorter articles/Opinion pieces
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)
- 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).
- 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)
- Crock, M, "Secret Immigration Business: Policy Transfers and the Tyranny of Deterrence Theory" in S Singh (ed), The Ashgate Research Companion to Migration Theory and Policy, Ashgate: London (forthcoming 2013) (with Daniel Ghezelbash)
- 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
- Crock, M, Ernst, C and McCallum, RC, ‘Where Disability and Displacement Intersect: Asylum Seekers and Refugees with Disabilities’ (2012) 24(4) International Journal of Refugee Law 735-764
- Crock, M & Kenny, MA ‘Rethinking the Guardianship of Refugee Children after the Malaysian Solution’ (2012) 34 Sydney Law Review 437.
- 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.
- 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.
- “Pacific Solution #2 sparks humanitarian concerns” (with Jane McAdam and Daniel Ghezelbash)
- Mary Crock and Anna Boucher, ‘Asylum: First ask the right questions’ The Canberra Times, 19 October
- Mary Crock & Daniel Ghezelbash, ‘Why fight today’s wars with yesterday’s battle plans?’, 8 September 2011
- Mary Crock & Daniel Ghezelbash, ‘Why the High Court Said No This Time?’ New Matilda, 1 September 2011
- Daniel Ghezelbash & Mary Crock, ‘Why bother with offshore processing now?’ New Matilda, 12 November 2010
- “Scapegoating boat people a true-blue Australian tradition” Sydney Morning Herald, 10 August 2010
- “Stop the political point-scoring, people are dying out there” (with Daniel Ghezelbash) The Australian 14 August 2010
- “Boat people remain at the mercy of people smugglers and politicians” Sydney Morning Herald, 17 April 2009
- Seeking Asylum Alone: The Treatment of Unaccompanied and Separated Children in Australia’s Refugee Determination Process” (2007) 42 Children’s Rights News, 1
- “Seeking Asylum Alone: The Treatment of Unaccompanied and Separated Children in Australia’s Refugee Determination Process – Part 1” (2007) 32 Immigration Review 
- “Seeking Asylum Alone: Unaccompanied and Separated Children and Refugee Protection (2007) 19 The Sydney Papers 117-134
- 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
Mary Crock is a frequent commentator in the media on issues relating to immigration, refugees and judicial review. 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 featured Mary’s husband, Ron McCallum AO (Senior Australian of the Year, 2011). A full transcript of the program may be found at:
She cites as her most memorable radio interviews:
|Date||Station||Show||Description / Links|
8 Aug 2006
ABC Radio National
The Law Report
8 Aug 2006 (repeated 16 Oct 2006)
ABC Classic FM
The Margaret Throsby Show