Finding a Reasonable Alternative: An Integrated Approach to Refugee Law, Relocation and the Internal Flight Alternative

Abstract

This paper was prepared for the Honours Thesis course at the ANU College of Law, under the supervision of Matthew Zagor. A relatively recent inclusion in refugee status determinations, the Internal Flight Alternative (IFA) is applied inconsistently both within and between jurisdictions. This has serious consequences for asylum-seeker's to whom the IFA may apply. IFA cases have significant similarities with the application of the so-called ceased circumstances cessation clauses in Article 1C(5) and (6) of the Refugees Convention, with voluntary repatriation of refugees, and in situations of internal displacement. This paper examines these similarities in relation to the stability and durability of proposed relocation areas, the standard of human rights in that area, and who the agent of protection is. The paper suggests that using the cessation clauses, voluntary repatriation guidelines, internal displacement guidelines, and existing principles in the Refugees Convention would provide a more integrated approach to application of the IFA.