When refugee claimants are kept in the dark: obstacles to see(k)ing asylum in Australia

Abstract

Australia was one of the earliest signatories to the United Nations Convention Relating to the Status of Refugees. This article highlights the concerns that have been expressed at a number of levels about obstacles that are placed in the way of persons coming to Australia who wish to claim refugee status under the Refugee Convention. It discusses the provisions of a number of international conventions, including the Convention on the Rights of the Child and the Refugee Convention, and their interaction with the provisions of the Migration Act 1958 (Cth). The article argues that the lack of assistance and guidance provided to persons seeking refugee status under the terms of the Refugee Convention is of particular concern where those persons are within detention centres and therefore isolated from the Australian community and particularly isolated from the support of members of their own ethnic community and from legal advisers. It further discusses these issues in the context of children who seek refugee status in Australia, both where they are accompanied by parents or guardians, and where they arrive alone.