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Australia has ratified the Convention on the Status of Refugees - HSC - SSCE Legal Studies - Question 4 - 2004 - Paper 1

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Australia has ratified the Convention on the Status of Refugees. Kaia is seeking asylum in Australia to escape from her country of origin. Is Australia able to refu... show full transcript

Worked Solution & Example Answer:Australia has ratified the Convention on the Status of Refugees - HSC - SSCE Legal Studies - Question 4 - 2004 - Paper 1

Step 1

Is Australia able to refuse Kaia’s application for asylum?

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Answer

In this context, Australia has obligations under the Convention on the Status of Refugees, which it has ratified. According to international law, particularly the principles outlined in this Convention, refugee status must be granted to individuals fleeing persecution.

A Analysis:

  1. Sovereignty: While Australia is a sovereign nation, its obligations under international law supersede this in cases of asylum.

B Analysis: 2. Bilateral treaties: The absence of a bilateral treaty does not negate the obligations under the Convention, as these treaties do not generally impact refugee status recognition.

C Analysis: 3. International law: Refusing Kaia's application would likely breach international law, particularly the principles laid out in the Convention on the Status of Refugees.

D Analysis: 4. Bill of Rights: The protection of rights under a Bill of Rights in Kaia's country has little relevance to Australia's obligations.

Given the analysis, the correct answer is (C) No, because a refusal would breach international law.

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