Complementary Protection and Beyond: How States Deal with Human Rights Protection

Abstract

This paper outlines the grounds on which people may claim complementary protection in the European Union, United States and Canada, and the appeal processes available at each stage of the determination process. It also sets out additional types of claims that may be made, such as humanitarian and compassionate claims, although these do not technically constitute complementary protection since they are not based on States' international legal obligations. The paper is largely descriptive, as its purpose is primarily to show how other States have dealt with expanded protection concepts, in order that Australia - which recognizes only Convention refugees - might develop its own system of complementary protection. By contrast to most western States, Australia does not have a formal mechanism for recognizing protection claims based on fear of torture or inhuman or degrading treatment or punishment, or any other grounds outside article 1A(2) of the Refugee Convention. This is despite its non-refoulement obligations under article 3 of the CAT and article 7 of the ICCPR.