Australian Lawyers for Human Rights
Who is a Refugee?
International refugee law
Australia's refugee law
Fact Sheets
Australia's visa system
Refugee law timeline
Detention guidelines
  Chapter 1 - Who is a Refugee?

This chapter discusses how Australia has responded to its international obligations with regard to refugee law and deals with the following areas:

  • legislative changes which narrow the meaning of ‘persecution’ in relation to refugees under the Migration Act 1958;

  • differential treatment of asylum seekers based on how they arrived in Australia or apply for protection;

  • the Pacific solution, involving arrangements with other Pacific nations for them to accept asylum seekers and the excision of territories from the Australian Migration Zone;

  • the use of Temporary Protection Visas to limit the rights of refugees;

  • the restrictions on family visa applications for asylum seekers;

  • restricting access to the Courts for review of unsuccessful protection visa applications;

  • restricting access to legal advice for asylum seekers;

  • the detention of asylum seekers; and

  • the case of Mr Al Masri concerning the legality of the detention of asylum seekers and unsuccessful Protection Visa applicants.

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