Refugee Status in Australia and the Cessation Provisions: QAAH of 2004 v Mimia

Alternative Law Journal, Vol. 31, No. 3, pp. 147-152, 2006

Monash University Faculty of Law Legal Studies Research Paper No. 2006/28

7 Pages Posted: 17 Dec 2007 Last revised: 15 Apr 2009

See all articles by Susan York Kneebone

Susan York Kneebone

University of Melbourne - Law School

Emily Hay

Monash University - Faculty of Law

Abstract

The Federal Court of Australia decision of QAAH of 2004 v MIMIA, currently under appeal in the High Court of Australia, raises the issue how art IC(5) of the Convention Relating to the Status of Refugees ('the Refugees Convention') applies in the context of Australia's temporary protection visa (TPV) regime. The central questions in QAAH is whether a person who has been recognised as a refugee by the granting of a TPV and who is applying for a permanent protection visa (PPV) must re-establish de novo that they meet the requirements of the Refugees Convention definition (the position taken by Lander J in QAAH), or whether they remain a refugee unless the government can prove that circumstances have changed so as to active cessation (the majority's approach in QAAH). In this article, it is argued that the former option does not conform with Australia's obligations under the Refugees Convention.

Keywords: Refugee Status, High Court of Australia, cessation provisions, temporary protection visa, permanent protection visa

JEL Classification: K10, K30, K40

Suggested Citation

Kneebone, Susan York and Hay, Emily, Refugee Status in Australia and the Cessation Provisions: QAAH of 2004 v Mimia. Alternative Law Journal, Vol. 31, No. 3, pp. 147-152, 2006, Monash University Faculty of Law Legal Studies Research Paper No. 2006/28, Available at SSRN: https://ssrn.com/abstract=1072383

Susan York Kneebone (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Emily Hay

Monash University - Faculty of Law

Wellington Road
Clayton, Victoria 3800
Australia

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