Withdrawing Protection Under Article 1c(5) of the 1951 Convention: Lessons from Australia

Posted: 10 Dec 2008

Date Written: December 2008

Abstract

This article analyses the application of Article 1C(5) of the Refugee Convention in Australia. Article 1C(5) provides that refugee status may cease to apply to a refugee where the circumstances giving rise to his or her refugee status have ceased to exist (for instance, where there has been a relevant change in circumstances in the refugee's home country). This cessation clause has rarely been applied to recognised refugees by states parties to the Convention. However, since 2003, Australian refugee determination bodies have applied the clause to withdraw refugee status from those recognised refugees who hold temporary protection visas. The Australian High Court considered the application of Article 1C(5) in a judgement handed down in November 2006. This article will examine how domestic protection interacts with international refugee status in the context of Article 1C(5). Although this article deals with the application of Article 1C(5) by Australia, it also has broader implications for many other jurisdictions.

Suggested Citation

O'Sullivan, Maria, Withdrawing Protection Under Article 1c(5) of the 1951 Convention: Lessons from Australia (December 2008). International Journal of Refugee Law, Vol. 20, Issue 4, pp. 586-610, 2008, Available at SSRN: https://ssrn.com/abstract=1311708 or http://dx.doi.org/10.1093/ijrl/een036

Maria O'Sullivan (Contact Author)

Deakin Law School ( email )

221 Burwood Highway
Burwood
Burwood, Victoria 3125, Victoria 3125
Australia
0415585708 (Phone)

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