ABSTRACT
This chapter explores the extent to which Australia's refugee problems can be attributed to inadequacies in the Convention, or, conversely, are home-grown products of Australia's own policy choices. As people around the world gather to mark the 50th anniversary of the Refugees Convention, it is timely to reflect on Australia's experience as a signatory to this instrument. The chapter examines the Refugees Convention and the complaints that have been made about its operation in practice. It argues that the policy choices have resulted in an unhealthy politicisation of refugee issues in Australia. On the other hand, an analysis of the subtle and not so subtle changes made to the administrative regime forms the basis for some suggestions about why so many refugee claimants emerge radically unhappy from the refugee determination process in Australia. The chapter concludes with the main reforms that need to be made of the system to restore a sense of balance, equity and respect for international law.
