Handbook

This course provides an overview of international refugee law. It explores the concept of 'international protection' through the lens of the 1951 Refugee Convention, asking ‘who is a refugee?’, ‘what status does a refugee obtain?’, ‘who is expressly excluded from protection?’, and whether this instrument is still adequate for refugee movements in the 21st century? It examines the notion of complementary protection (how human rights law has expanded States' protection obligations), the role of the United Nations High Commissioner for Refugees, the causes of and possible solutions to refugee flows, and the political and ethical issues concerning refugees and other forced migrants, including people trafficking and smuggling. It also examines strategies that countries like Australia have adopted in an attempt to deter asylum seekers, such as detention, interdiction, deflection, and temporary protection, as well as legal constructs devised to shift responsibility to other States, such as the concepts of 'safe third country', 'internal flight alternative', and extraterritorial processing. It undertakes a comparative analysis of practices in the European Union, Canada and the United States, and in regions such as Africa and Latin America. Contemporary protection concerns, such as mass influx, flight from generalized violence and armed conflict, and internal displacement are also addressed.

Main Topics

• The evolution of asylum, refugee protection, non-refoulement, and the ethics and politics of asylum
• The refugee definition: The inclusion clauses
• The refugee definition: exclusion and cessation
• Complementary protection and temporary protection in international and regional law
• The rights of refugees, asylum seekers and other persons in need of international protection
• Refugee determination procedures
• Interrupting the right to seek asylum: Deflection mechanisms
• IDPs and mass influx
• Durable solutions and burden sharing
• Contemporary challenges