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Bringing protection home : healing the schism between international obligations and national safeguards created by extraterritorial processing

Francis, Angus J. (2008) Bringing protection home : healing the schism between international obligations and national safeguards created by extraterritorial processing. International Journal of Refugee Law, 20(2), pp. 253-272.

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Abstract

Extraterritorial processing schemes are designed to prevent and deter access to statutory and judicial safeguards in the country responsible for the interception and transfer of asylum seekers to a third country. In line with this objective, they incorporate interdiction, transfer and processing practices and standards that are deliberately isolated from the national legal and institutional protections within either the intercepting state or the third country where processing occurs. Australia's recent disbandment of its extraterritorial processing centres in third countries highlights the fact that extraterritorial processing schemes have proven unworkable as a matter of international law, as they negate the national safeguards fundamental to the satisfaction of a state's protection obligations.

Impact and interest:

6 citations in Scopus
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ID Code: 42474
Item Type: Journal Article
Keywords: International Law, Refugees, Refugee Status Determination, Offshore Processing, Extraterritorial Processing
DOI: 10.1093/ijrl/een021
ISSN: 0953-8186
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > International Law (excl. International Trade Law) (180116)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Law and Justice Research Centre
Current > Schools > School of Law
Copyright Owner: Copyright 2008 Oxford University Press
Deposited On: 07 Jul 2011 10:32
Last Modified: 01 Mar 2012 00:34

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