S4 Refugees

Question 1

The difference between asylum and refugee

Answer 1

An asylum seeker is a person looking for protection because they fear persecution, or they have experienced violence or human rights violations. A refugee is a person who asked for protection and was given refugee status. … Not every asylum seeker becomes a refugee, but every refugee starts out as an asylum seeker.

Question 2

can u be considered as ‘refugee’ on economic grounds?

Answer 2

No, only on persecution reasons etc

Question 3

is there any treaty in practice that confer a right to be granted asylum?

Answer 3

No

Question 4

does people have the right to apply for asylum?

Answer 4

yes, under the UDHR 1948 anyone have the right to ‘seek..asylum from persecution’ (Art 14)

Question 5

why no one can enforce a state to accept asylums?

Answer 5

due to state sovereignty

‘we will decide who comes to this country and the circumstances in which they come.’ - John Howard, 28 October 2001

Question 6

what type of state sovereignty protects the right of the states to not grant asylum protection?

Answer 6

1 Territorial- for boarder security

2 legal - prioritise domestic law over international so they citizens have a say in the way their country is being run.

Question 7

what is Refugee Convention?

Answer 7

it’s the main legal document that defines ‘refugee’ and outlines the rights of refugees, as well as the legal obligations of States to protect them.

Question 8

Refugee Convention ratified by how many countries?

Answer 8

145 states, including Australia

Question 9

in which yr Refugee convention got established?

Answer 9

1951

Question 10

Main purpose of refugee Convention

Answer 10

• define refugee

- sets out certain refugee rights

Question 11

weakness of Refugee Convention

Answer 11

No monitoring or enforcement mechanism on states

Question 12

the impact of Refugee Convention on Australia

Answer 12

No Automatic impact on domestic Australian law, and the state have the right to chose to not to follow everything sets in Refugee Conventions and its protocol.

Question 13

Aus’s treatment and processing of people seeking asylum based on?

Answer 13

Migration Act 1958 (CTH)

Question 14

Humanitarian Programs grant …

Answer 14

protection visas to people who face risk in their home country

Question 15

Aus has been criticised by … for the treatment and handling of …

Answer 15

• UNHCR and Human Right Council

- refugees

Question 16

Art 14 of UDHR 1948 states?

Answer 16

‘Everyone has the right to seek and enjoy in other countries asylum from persecution’

Question 17

where is the right of refugees is set in?

Answer 17

Art 1A (2) of Refugee Convention:
Art 1A(2) As a result of events occurring before 1 January 1951* and owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion is outside the country of his nationality and is unable or owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence is unable or, owing to such fear is unwilling to return to it.

Question 18

Define (typical) Refugee under Refugee Convention?

Answer 18

Art 1A - Refugee is a person:

• Outside their country of nationality; &
• Unable or unwilling to have the protection of that country
• Owing to a well-founded fear of persecution on certain grounds (‘convention’ grounds)
• i.e. for reasons of race, religion, nationality, membership of a particular social group or political opinion

Question 19

Define stateless Refugee under Art 1A?

Answer 19

• A person with no nationality (stateless person);
• Who is outside their former country of habitual residence; &
• Is unable or unwilling to return to that country;
  Due to a well-founded fear of persecution on certain grounds (‘convention’ grounds)
• i.e. for reasons of race, religion, nationality, membership of a particular social group or political opinion

Question 20

what is a stateless person?

Answer 20

someone without nationality or citizenship

Question 21

what is ‘de facto’ stateless?

Answer 21

The person is outside his/her country of nationality & is denied diplomatic & consular protection or assistance of his/her country, or the country refuses to allow a person to return home
Causes of statelessness include discrimination & gaps in nationality legislation
Stateless persons are by definition extremely vulnerable

Question 22

types of refugee?

Answer 22

1- refugee who is running from prosecution
2- stateless refugee
3 De facto Stateless

Question 23

when does a protection ease, under?

Answer 23

Art 1C:

• Voluntarily avail themselves of the protection of their country of nationality;
• Acquire a new nationality;
• Voluntarily re-establish themselves in the country they left;
• The circumstances in connection with which they were recognised as a refugee have ceased to exist.

Question 24

when does the convention not apply, and under?

Answer 24

Art 1F provides that the Convention does not apply to any person where there are ‘serious reasons for considering’ that they:

• have committed a crime against peace, a war crime or crime against humanity;
• Have committed a serious non-political crime outside the country of refuge;
• Have been guilty of acts contrary to the purposes & principles of the UN

Question 25

Elements of definition of Refugee under Migration Act 1958 (cth):

Answer 25

it adopts the wording of Art 1A:

• well founded fear
• Persecution
• Reason for persecution