Research Handbook on International Refugee Law
Edited by Satvinder Singh Juss
Abstract
This chapter explores the concept of constructive refoulement, particularly in relation to Australian practice. Refoulement, means to force back or turn away and the chapter examines the possible breaches of Article 33 of the Refugee Convention when the state makes life so miserable for a refugee or asylum seeker that he or she ‘decides’ to return home. This amounts to ‘constructive refoulement’. However, it is uncommon to find case law that uses the term, and even less common to find case law in which a court finds a violation that could be described as constructive refoulement. It is also unclear exactly what the threshold for a constructive refoulement would be. The concept, the chapter argues, appears to be an intuitive idea akin to constructive dismissal in labour law, which often occurs when the employer makes life so miserable at work, that the employee ‘chooses’ to resign.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.