What happens to people who do not meet the definition of refugee but are in need of protection?
There are some people who are found not to be refugees by Australia’s refugee status determination system, but who otherwise may face significant human rights abuses if returned to their countries. For example, they may not meet one of the grounds for persecution under the Refugee Convention, but might face torture or death on return. Australia has obligations under the International Covenant on Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment and the Convention on the Rights of the Child not to return people who risk these significant human rights violations. Similarly, Australia has international obligations not to return a person if they are stateless (no state considers them to be a national of their country). Some countries provide a formal system of ‘complementary’ or ‘subsidiary’ protection’ for these people.[154] However, in Australia currently the only avenue of protection is to apply to the Minister for
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