International Refugee Law

Objectives:

A student who has successfully completed this subject should:

• Understand the international development of refugee law
• Have a knowledge of the different international instruments governing refugee law at the international level
• Understand the key questions involved in the definition of a refugee, and the different approaches taken to these issues in the comparative jurisprudence
• Understand the refugee rights regime set out in the 1951 Refugee Convention
• Understand the way in which international refugee law interacts with the Australian domestic legal system
• Understand how comparative material may be used in refugee cases in Australia.

Syllabus:

This subject is designed to provide an understanding of the international refugee system and explore contemporary issues in refugee protection. While both jurisprudence and practical examples from Australia will be discussed, the subject is not designed to provide a thorough understanding of the Migration Act 1958 (Cth). The main focus of the course is the 1951 Refugee Convention, including both the definition of a refugee and the regime for rights protection set out in the Convention.

Principal topics will include:

• Overview of the international refugee legal regime (including the Refugee Convention and Protocol, customary international law and international human rights instruments) and institutional framework
• The refugee definition in the 1951 Convention by reference to comparative jurisprudence from leading common law courts, focusing on the most controversial contemporary aspects of the definition
• The regime of rights protection provided in the Convention, including the principle of non-refoulement, and important social and economic rights guaranteed to refugees by the Convention
• Proposals and options for reform of the international refugee regime.

• Research paper 10,000 words (100%) (1 March 2010) (topic approved by the subject coordinator)

This subject is not available as a breadth subject.

Objectives:

A student who has successfully completed this subject should:

• Understand the international development of refugee law
• Have a knowledge of the different international instruments governing refugee law at the international level
• Understand the key questions involved in the definition of a refugee, and the different approaches taken to these issues in the comparative jurisprudence
• Understand the refugee rights regime set out in the 1951 Refugee Convention
• Understand the way in which international refugee law interacts with the Australian domestic legal system
• Understand how comparative material may be used in refugee cases in Australia.

Syllabus:

This subject is designed to provide an understanding of the international refugee system and explore contemporary issues in refugee protection. While both jurisprudence and practical examples from Australia will be discussed, the subject is not designed to provide a thorough understanding of the Migration Act 1958 (Cth). The main focus of the course is the 1951 Refugee Convention, including both the definition of a refugee and the regime for rights protection set out in the Convention.

Principal topics will include:

• Overview of the international refugee legal regime (including the Refugee Convention and Protocol, customary international law and international human rights instruments) and institutional framework
• The refugee definition in the 1951 Convention by reference to comparative jurisprudence from leading common law courts, focusing on the most controversial contemporary aspects of the definition
• The regime of rights protection provided in the Convention, including the principle of non-refoulement, and important social and economic rights guaranteed to refugees by the Convention
• Proposals and options for reform of the international refugee regime.

• Research paper 10,000 words (100%) (1 March 2010) (topic approved by the subject coordinator)