Prof. Pene Mathew





Penelope Mathew is a research professor at Griffith Law School, where she served as Dean from June 2014 to June 2018. She has also taught and researched at the Australian National University, Michigan Law School and Melbourne Law School. Her primary area of expertise is international refugee law and she has particular interests in, and concern about, immigration detention, unilateral deterrence and interception mechanisms, such as interdiction at sea, responsibility sharing, and the right to work for refugees and asylum seekers. She has written extensively about Australian refugee law and policy. She advised UNHCR’s regional office in Canberra about the legislation underpinning the Pacific Solution and drafted the Human Rights Standards for Immigration Detention as a consultant to the Australian Human Rights Commission. She convened the 5th Michigan Colloquium on Challenges in International Refugee Law, which produced the Michigan Guidelines on the Right to Work.


Select list of publications:

  • MATHEW P., & HARLEY T., Refugees, Regionalism and Responsibility (Elgar, 2016) (320 pages). (reviewed 19 International Community Law Review 366 (2017); 30 Journal of Refugee Studies 622 (2017); 8 Asian Journal of International Law 294 (2018); and 29 International Journal of Refugee Law 720 (2017.)
  • MATHEW, P., Draft Dodger/ Deserter or Dissenter? Conscientious objection as grounds for refugee status, Contemporary Issues in Refugee Law ed., S. Juss & C. Harvey, Edward Elgar, 2013: pp 165 - 195.
  • MATHEW, P.,  The Shifting Boundaries and Content of Protection: the Internal Flight Alternative Revisited, The Ashgate Research Companion to Migration Law, Theory and Policy ed., Satvinder Juss, (Ashgate, 2013): pp 189 – 208.
  • MATHEW P., Reworking the Relationship between Asylum and Employment (Routledge, 2012) (200+ pages including appendix) (reviewed 26 International Journal of Refugee Law 315 (2014); cited by concurring individual opinion by Yuval Shany and Konstantine Vardzelashvili to the Human Rights Committee’s views in Warda Osman Jasin v Denmark).
  • MATHEW, P. , - Limiting Good Faith: ‘Bootstrapping’ asylum seekers and exclusion from refugee protection,  29 Australian Yearbook of International Law 135 – 154 (2010).
  • MATHEW, P. & participants in 5th Michigan Colloquium on Challenges in International Refugee Law, The Michigan Guidelines on The Right to Work, 31 Michigan Journal of International Law 293 – 305 (2010). (referred to in MA v Director of Immigration, High Court of Hong Kong, HCAL 100/2010 and MA and others v Director of Immigration, Court of Final Appeal Hong Kong, CACV 44/201.)
  • MATHEW P.,  Resolution 1373 – a call to pre-empt asylum-seekers?  (or “Osama the Asylum-Seeker”), Forced Migration, Human Rights and Security, ed., J. McAdam, Hart Publishing, 2008: pp 19-62.
  • MATHEW, P., HATHAWAY, J.C., FOSTER. M., - The Role of State Protection in Refugee Analysis, Discussion Paper No. 2., Advanced Refugee Law Workshop, International Association of Refugee Law Judges, Auckland, New Zealand, October 2002, 15 International Journal of Refugee Law 444 – 460 (2003).
  • MATHEW, P., - Interception - The Legal Issues, 17 Georgetown Immigration Law Journal 221 – 249 (2003).
  • MATHEW, P., - Refugee Protection in the Wake of the Tampa, 96 American Journal of International Law 661 - 676 (2002).