ABSTRACT
This chapter considers some of the alternative means of assisting asylum seekers where they have failed to establish claims under the Refugees Convention, either because of the inherent limitations in the Convention itself or because of a failure by government to comply with the obligations imposed by the Convention. It also considers the scope of the alternative protection provided by the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). Unlike the Refugees Convention, neither of these instruments is specifically incorporated into Australian domestic legislation. Nevertheless they provide a means of filling gaps in the protection provided by the Refugees Convention, albeit as the chapter shows, of a fragile nature in light of the attitude of the Australian government. The determination of communications is undertaken by specialist committees, which also monitor the general implementation of each convention by the states parties.
