Australian and the 1951 Refugee Convention

The recent wave of boat people has focussed attention on Australia’s mandatory detention policy. Surprisingly little critical attention has been given to the UN treaty and its international system of political asylum which legitimises ‘illegal’ entry and stay in countries like Australia. The illogicalities and moral absurdities of this system half a century on, in a different world, have become glaringly apparent. With vastly increased numbers of refugees, intensified migration pressures and a rapid expansion of asylum seeker inflows into Western countries over the last 10-15 years, this paper shows that the coherence of the UN based system has deteriorated to the extent that its continuing feasibility is questionable