Government plans to defy the UN in this case should worry us all.

In Franz Kafka's novel The Trial, an ordinary man finds himself trapped inside the byzantine processes of a shadow justice system. When he asks what he has done wrong, the bureaucrats reply, ''It's not our job to tell you that.''

When he goes to court, he and his lawyers are not allowed to see any of the evidence against him. His faceless accusers always remain unknown to him. Inevitably, in a system such as this, he is found guilty. All around him, life continues as normal, as if the fair trial of one man is of no concern to the world.

Kafka's story is a terrifying glimpse into a world that, on the surface, claims to be ruled by law, but in reality is one where the modern bureaucratic state exercises total control over the individual. The individual's right to be treated decently is extinguished for an unknown greater good.

Kafka was writing about rising authoritarianism in early 20th century Europe, but he could well have been describing Australia's current migration and security laws.