Liverpool Law Review

, Volume 25, Issue 3, pp 221–251 | Cite as

Refugee status determination in Australia: breaking the rules?

  • E. Odhiambo-abuya


This article looks at the asylum regime in Australia. In particular, it evaluates the procedures that are used to assess claims for asylum and the extent to which they meet international refugee and human rights standards. The article discusses four key issues in the adjudication programme: the appointment of decision-makers to tribunals that hear refugee applications, the accessibility of the review process by asylum seekers, questions relating to the efficiency of the procedures used and the mandatory detention system. It is argued that whereas Australia is party to the main international treaties that seek to protect refugees and asylum seekers, its asylum law and policy is in many ways inconsistent with international norms. To conclude, the author proposes the observance of human rights and refugee standards by asylum states.

assessment of claims asylum Australia international legal standards 


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Copyright information

© Kluwer Academic Publishers 2004

Authors and Affiliations

  • E. Odhiambo-abuya
    • 1
  1. 1.Faculty of LawMoi University EldoretKenya (

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