Refugees, Asylum Seekers & the Law - Rights & Realities

This course explores and analyses the key legal instruments governing refugee protection, including the 1951 Refugees Convention/Protocol and international human rights treaties, such as the UN Convention Against Torture. The course will carefully and critically examine these principles and how they are given effect in domestic law and practices, including Australia, US and the EU.

Contemporary practices applied by Western states to tackle irregular migration will be critically examined, including extra-territorial practices such as interdiction at sea and offshore processing in third countries. Pressing socio-legal issues will be unpacked and carefully analysed, including the use of administrative (or, civil) detention for prolonged and indefinite periods, and the convergence of criminal law and immigration law (crimmigration) and how the regulation of 'risky' refugees and asylum seekers is impacting on their substantive and procedural rights. Finally, we will examine critical issues arounds access to justice (to merits review and judicial review) for asylum seekers and the many challenges of refugee status determination.