Title: Australian complementary protection: A step-by-step approach
Abstract: The passage of the Migration Amendment (Complementary Protection) Act 2011 (Cth) in September 2011 has brought significant and welcome changes to the Migration Act 1958 (Cth) ('Migration Act'). By implementing a system of 'complementary protection' in domestic law, it gives effect to Australia's international human rights law obligations not to return people to places where they face a real risk of arbitrary deprivation of life, the death penalty, or cruel, inhuman or degrading treatment or punishment. However, the legislation makes the Australian system of complementary protection far more complicated, convoluted and introverted than it needs to be. This is because it conflates tests drawn from international and comparative law, formulates them in a manner that risks marginalising an extensive international jurisprudence on which Australian decision-makers could (and ought to) draw, and in turn risks isolating Australian decision-making at a time when greater harmonisation is being sought.
Publication Year: 2011
Publication Date: 2011-11-01
Language: en
Type: article
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Cited By Count: 3
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