A discussion of the recent excision of Christmas Island from Australia's migration zone in the light of Australia's international refugee obligation of non-refoulement

Abstract

The Australian Government's ‘Pacific Solution’ which prohibits asylum seekers from entering Australia's migration zone and applying for refugee status raises a number of legal issues. This article explores the extent to which the ‘Pacific Solution’ is consonant with Australia's international refugee obligation of non-refoulement. The international law of non-refoulement is detailed. It is then applied within the contemporary Australian context. This article concludes that the ‘Pacific Solution’ does not strictly violate Australia's obligation of non-refoulement towards asylum seekers.