BJU150 Lecture Notes - Lecture 10: Non-Refoulement, Australian Immigration Detention Facilities, Migration Act 1958
Lecture 9: TOPIC 3 Contemporary Issues in Law, Asylum seekers & Australia &
Access to Justice
REFUGEE LAW
Refugees
relates to people wo cannot return to their country because of persecution and because they
lack the protection of their own country.
a refugee is defined in Article 1A Refugee Convention 1951as a person who:
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/her nationality and is unable, or owing to such fear, is unwilling
to avail himself/herself of the protection of that country.
1. well founded fear,
2. persecution,
3. on the grounds of-race, religion, nationality, membership of a particular social
group or political opinion
4. is unable owing to that fear to return to their country of origin)
As set out in:
Refugee Convention 1951 Article 1A (2)
Migrant
Person who voluntarily leaves and migrates to another country
May leave his or her country for many reasons that are not related to persecution, such as for
the purposes of employment, family reunification or study
A migrant continues to enjoy the protection of his or her own government, even when abroad
Asylum seeker
All asylum seekers are potential refugees until their case has been determined by the UNHCR
or a government
Asylum seekers have the right to seek, and enjoy in other countries, asylum from persecution,
serious human rights violation and other serious harm
As set out in:
United Nations High Commission for Refugees
Internally Displaced Person (IDP)
people who have had to move and haven’t crossed a border in the process (moving
from one part of their country to another)
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Document Summary
Lecture 9: topic 3 contemporary issues in law, asylum seekers & australia & Relates to people wo cannot return to their country because of persecution and because they lack the protection of their own country. 4. is unable owing to that fear to return to their country of origin) Person who voluntarily leaves and migrates to another country. May leave his or her country for many reasons that are not related to persecution, such as for the purposes of employment, family reunification or study. A migrant continues to enjoy the protection of his or her own government, even when abroad. All asylum seekers are potential refugees until their case has been determined by the unhcr or a government. Asylum seekers have the right to seek, and enjoy in other countries, asylum from persecution, serious human rights violation and other serious harm.