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Australia has ratified the Convention on the Status of Refugees - HSC - SSCE Legal Studies - Question 4 - 2004 - Paper 1
Question 4
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 refus... 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?
Answer
Australia is not able to refuse Kaia's application for asylum. According to the provisions of the Convention on the Status of Refugees, a country that has ratified this convention has certain obligations towards individuals seeking asylum, including considering the principles of non-refoulement, which forbids returning refugees to territories where their lives or freedom could be threatened.
In this case:
- C (No, because a refusal would breach international law) is valid because a refusal can violate international obligations under humanitarian laws.
- D (No, because the Bill of Rights in Kaia’s country would protect her interests) is less relevant to Australia's obligations under international law, even though it raises an interesting point.
Thus, the most accurate option is C.