Complementary Protection in Australia: Filling the Gap in the Protection of Asylum Seekers

Abstract

There is currently a gaping hole in the effective protection of asylum seekers in Australia. The 1951 Convention Relating to the Status of Refugees (hereinafter, the “Refugee Convention”) is the cornerstone document in dealing with the protection of persons seeking asylum. However, if a person in need of international protection falls outside its legally narrow ambit, their protection is uncertain. The issue of complementary forms of protection has thus been identified as a vital protection mechanism to add to the Refugee Convention. International obligations have been developed under other human rights instruments to provide additional, or alternative, protection, but the lack of a binding nature of these obligations results in a lack of comprehensive protection.