Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/61055
Title: Deficiencies and loopholes: Clashing discourses, problems and solutions in Australian migration advice regulation
Contributor(s): Smith-Khan, Laura  (author)orcid 
Publication Date: 2021
Early Online Version: 2021-05-04
DOI: 10.1177/09579265211013113
Handle Link: https://hdl.handle.net/1959.11/61055
Abstract: 

In Australia, access to high-quality migration advice can often be crucial to obtaining a visa, and migration advisors have attracted ongoing scrutiny from policymakers, leading to successive inquiries and reviews. Such inquiries and the recommendations they produce are used to justify policy design and reform that can have significant impacts on a range of stakeholders, including of course, migration advisors and their clients. This article explores one such recent inquiry, completed in 2018. It adopts a critical discourse analysis to examine the way the inquiry’s official report presents migration advisors, and how it frames the inquiry process itself. Finding that the report presents its recommendations as being based on evidence created by external stakeholder submissions, the examination goes on to explore to what extent this is actually the case. Through an examination of the ‘textual travels’ submissions undergo when incorporated in the report, the article finds that these texts are either transformed to support dominant discourses, or simply excluded. The article concludes that decision-making is inaccurately presented as a participatory, evidence-based process, thus legitimising particular policy decisions, and unfairly continuing to present migration advisors as problems requiring fixing.

Publication Type: Journal Article
Source of Publication: Discourse and Society, 32(5), p. 598-621
Publisher: Sage Publications Ltd
Place of Publication: United Kingdom
ISSN: 1460-3624
0957-9265
Fields of Research (FoR) 2020: 480505 Legal practice, lawyering and the legal profession
480704 Migration, asylum and refugee law
470405 Discourse and pragmatics
Socio-Economic Objective (SEO) 2020: 230407 Legislation, civil and criminal codes
230405 Law reform
230406 Legal processes
Peer Reviewed: Yes
HERDC Category Description: C1 Refereed Article in a Scholarly Journal
Appears in Collections:Journal Article
School of Law

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