What are the human rights of asylum seekers and refugees?
Australia has obligations to protect the human rights of all asylum seekers and refugees who arrive in Australia, regardless of how or where they arrive, and whether they arrive with or without a visa. As a party to the Refugee Convention, Australia has agreed to ensure that people who meet the definition of refugee under the Convention are not sent back to a country where their life or freedom would be threatened. This is known as the principle of non-refoulement. In addition, Australia has obligations not to return people who face a real risk of violation of their human rights under the International Covenant on Civil and Political Rights (articles 6 and 7) and the Convention Against Torture (article 3), even if they do not meet the definition of refugee under the Refugee Convention. The Convention on the Rights of the Child also requires Australia to provide special protection and assistance to refugee children and children seeking asylum in Australia. In addition, while asylum seek
