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Assessing Protection Claims at Airports: Developing procedures to meet international and domestic obligations
(2020)
  • Regina Jefferies, Western Washington University
  • Daniel Ghezelbash
Abstract
The policy for assessing claims for refugee and complementary protection at Australian airports needs to be reformed to ensure that those in need of protection are identified and not returned to harm. The current procedures, called ‘entry screening’, set out a streamlined process for assessing refugee and complementary protection claims with no access to review. This Policy Brief argues that they prioritise visa cancellations, mandatory detention and removal over protection needs.
This Policy Brief finds that Australia’s entry screening process and treatment of travellers who seek protection at Australian airports raise significant questions regarding fairness, transparency, efficiency and compatibility with the international and domestic legal frameworks of humanitarian protection.
This Policy Brief critically analyses the legal and operational framework for handling protection claims made by people at Australian airports in light of Australia’s international protection obligations. It also examines the domestic legal framework which is claimed to provide the basis for airport screening procedures and through which Australia’s protection obligations are supposed to be given effect. This Policy Brief finds serious issues concerning transparency, legality and accountability, which require better Parliamentary intervention and oversight
Keywords
  • refuge law,
  • airports,
  • australia,
  • international law,
  • asylum
Publication Date
September, 2020
Citation Information
Jefferies, R, Ghezelbash, D and Hirsch, A, ‘Assessing Protection Claims at Airports: Developing procedures to meet international and domestic obligations’ (Policy Brief No 9, Kaldor Centre for International Refugee Law)