78013 Refugee Law and Practice

This subject surveys contemporary legal issues in refugee protection both within Australia and internationally. Focusing initially on the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol, this subject explores the key controversies in interpreting the refugee definition and extent of international protection afforded to refugees. In reviewing exclusion mechanisms in the international context, we consider the impact of terrorism on asylum procedures and eligibility, as well as issues involved in processing child soldiers.

This international law background provides a framework for considering the implementation of the Refugee Convention in Australian domestic law. We proceed to examine Australian constitutional power with respect to 'aliens' and the relevant provisions of the Commonwealth Migration Act 1958, focusing particularly on the procedures for decision-making in Australian refugee law, including merits review before the RRT and judicial review of administrative decisions. In this context, time is spent considering special issues which arise in working with refugee clients. Specific case studies in the domestic context include the detention and offshore interception of asylum seekers, as well as the overlap between refugee law and Australian responses to trafficking in persons. The subject concludes by considering proposals to reformulate the international refugee protection regime.