Associate Professor Linda Kirk

Associate Professor Linda Kirk

Casual Academic
Law & Justice
School of Global & Public Law

Dr Linda Kirk holds a Doctor of Juridical Science degree from Monash University, 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 a part-time Senior Member of the Administrative Appeals Tribunal and Honorary Associate Professor at the Crawford School of Public Policy, Australian National University.
Dr Kirk was a legal academic in the Migration Law Program at the ANU College of Law from 2014-2018 and served as Sub-Dean and Deputy Director from 2015-16. From 2009-2014 she was a Senior Member of the Migration Review Tribunal and the Refugee Review Tribunal.
She was a Senator for South Australia from 2002-2008 and served as a member of the Senate Legal and Constitutional Committee and as the Deputy Chair of the Joint Standing Committee on Migration.  

Dr Kirk 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 Australian Association of Women Judges.


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).

Submissions to Parliamentary Inquiries
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)


My Teaching

Migration and Citizenship Law

Australian Immigration Law and Practice