History of the Convention

We commence our discussion of refugee law by providing a brief overview of the instruments underpinning refugee law in Australia. This provides insight into the development of the legal definition of a ‘refugee’ and the objectives of the parties involved in framing the definition. This potentially plays an important role in understanding the nature and scope of refugee law.

International refugee law is principally governed by the 1951 Convention Relating to the Status of Refugees as modified by the 1967 Protocol Relating to the Status of Refugees (hereafter together referred to as the Convention). The Convention provides a definition of a refugee and confers a number of rights and protections onto persons falling within this definition.