Status Anxiety: Complementary Protection and the Rights of Non-Convention Refugees

13 Pages Posted: 22 Jan 2010 Last revised: 18 Dec 2011

See all articles by Jane McAdam

Jane McAdam

University of New South Wales (UNSW) - UNSW Law & Justice

Date Written: January 20, 2010

Abstract

The domestic codification in New Zealand, and proposed codification in Australia, of international obligations to protect people substantially at risk of arbitrary deprivation of life, torture, or cruel, inhuman or degrading treatment or punishment is a positive development. It brings these countries into line with international law and State practice in the European Union, Canada and the United States. However, while these new developments extend protection to a wider class of people, New Zealand law is notably silent on the immigration status such people will receive once their protection needs have been recognized. This article draws on comparative practices to argue that a status for protected persons that is equivalent to that of Convention refugees sits more comfortably with international human rights law norms, is procedurally more efficient, and provides a principled and more humane policy response to people who have experienced serious harm and are looking to re-build their lives in a safe environment. It responds in part to Hathaway’s criticism that an equivalent status is unjustified as a matter of law.

Keywords: international law, refugees, complementary protection, international human rights law, legal status, torture, subsidiary protection

Suggested Citation

McAdam, Jane, Status Anxiety: Complementary Protection and the Rights of Non-Convention Refugees (January 20, 2010). UNSW Law Research Paper No. 2010-1, Available at SSRN: https://ssrn.com/abstract=1539729

Jane McAdam (Contact Author)

University of New South Wales (UNSW) - UNSW Law & Justice ( email )

Kensington, New South Wales 2052
Australia

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