Metro News

Refugee Convention and UNHCR

  • Written by John Bui

The Refugee Convention is an international convention that is concerned with refugee protection. Refugee issues and matters are few of the most discussed topics under immigration law. The Refugee Convention is also called the 1951 Convention relating to the Status of Refugees.                

After the Second World War, the Convention was drafted to meet the needs of refugees. It was adopted in July 1951. A few years later in 1967, the Protocol relating to the Status of Refugees removed the geographical limitations of the Refugee Convention. This made it applicable to all refugees around the world.          

All countries that have ratified the Protocol must agree to apply the provisions of the Convention. The United Nations High Commissioner for Refugees (UNHCR) supervises the application of the provisions of the Convention by each country.

Who Is a Refugee?

According to the Refugee Convention, the definition of a refugee is a person who:

Is outside of the country of their nationality,

Has a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion,

Is unable to, or owing to such fear, is unwilling to avail themselves of the protection of that country.

Persecution includes threats to life, freedom, and other serious violations of human rights.

Australia and the Refugee Convention

Australia has acceded to the Refugee Convention. Moreover, it has also included some of the obligations of the Refugee Convention in its legislation – the Migration Act 1958.

As part of the law, Australia has an obligation of “non-refoulement.” This is Australia’s obligation of not returning any person in any manner to the frontiers of the countries or territories where the person’s life of freedom is at risk.

In fact, according to statistics, Australia has accepted more than 880,000 people in humanitarian need since the end of World War II. The Australian government has an obligation under this and other human rights treaties to protect asylum seekers and refugees, even if they are on seas. The government has an obligation to protect and respect their human rights.

Under Australia’s Migration Act 1958, asylum seekers who arrive without a valid visa have to be held in immigration or community detention. Otherwise, they are transferred to an off-shore facility.

In Australia, there is an immigration program as well as a humanitarian program. The immigration program consists of temporary visas and migration program.

The humanitarian program has components such as refugee visas that include protection visas when people apply from overseas, i.e., before arriving in Australia. Moreover, parties can also apply for protection visas onshore when they are already in Australia, and they are seeking asylum from the government of Australia.

Author bio:

John Bui is the Principal Solicitor of JB Solicitors – a law firm based in Sydney, Australia. John is a Nationally Accredited family law Mediator and Arbitrator with over 10 years’ experience in family law and commercial litigation.

Metropolitan News Latest

Pokemon Go: The San Francisco Guide to Capturing Pikachu

If you're seeing more people walking around San Francisco with their eyes looking at their phones, you're not imagining things. In fact, they're most likely looking for Pikachu. Yes, the same Pikachu from the 90's Pokemon franchise and it has taken o...

Laurie Armstrong - avatar Laurie Armstrong

Australia to Host World's 50 Best Restaurants in 2017

The World's 50 Best Restaurants and Tourism Australia have today announced in New York that Melbourne, Australia will be the host destination for the prestigious awards in 2017. The announcement was made by William Drew, Group Editor of The World's ...

Julie Earle-Levine - avatar Julie Earle-Levine

What to Know Before You Go: Sonoma County, California

Located in Northern California just a short drive north of San Francisco, Sonoma County offers a delightful blend of stunning scenery, urban sophistication, agriculture, small-town charm, outdoor adventure, and the food and wine that make this region...

Birgitt Vaughan - avatar Birgitt Vaughan

San Francisco's Annual Festivals and Major Events 2016

San Francisco's Annual Festivals and Major Events 2016   The following events are held on an annual basis and are updated throughout the year. All dates and locations are subject to change and should be confirmed with sponsors before making travel ...

Elisabeth Wieselthaler-Toelly - avatar Elisabeth Wieselthaler-Toelly

Metropolitan Business News

5 Futuristic Businesses of 2023: Exploring Latest Business Trends

In today’s world, success is not measured solely by profit margins but also by the positive impact made on the world. Now, we get to experience a world where the future meets the present and creat...

Metropolitan Digital - avatar Metropolitan Digital

Data discovery: why your business needs it for compliance

Every company has to protect their information against unwanted breaches. But organisational information expands at a daily rate, and so it becomes even more important to track the data. Organisat...

Metropolitan Digital - avatar Metropolitan Digital

9 good reasons to start your investment journey

Are you doing the right thing by starting your investment journey? Whether you're an experienced investor or a beginner, there are many benefits to investing. Here are 9 great reasons why you shou...

Metropolitan Digital - avatar Metropolitan Digital

Will eCommerce Businesses Be Affected by the Financial Crisis?

As unfortunate as it is, the current financial crisis has had a negative impact on eCommerce businesses. In fact, some have already reported a drop in sales as customers cut back on spending. eComme...

NewsServices.com - avatar NewsServices.com

An Exploration Of The Challenges Faced By Accounting Professionals In Sydney

The accounting profession in Sydney plays a vital role in the financial success of businesses of all sizes. Small businesses in particular rely on the expertise of accountants to navigate the comple...

NewsServices.com - avatar NewsServices.com

Essential Tips and Process for Getting Home Loans

Home loans are an essential financial tool that can help you realize your dream of owning a home. They provide the funds you need to purchase a home while allowing you to pay them back over time wit...

NewsServices.com - avatar NewsServices.com


Content & Technology Connecting Global Audiences

More Information - Less Opinion