Non-criminalization of smuggled migrants: rights, obligations, and Australian practice under article 5 of the protocol against the smuggling of migrants By land, sea, and air

Schloenhardt, Andreas and Hickson, Hadley (2013) Non-criminalization of smuggled migrants: rights, obligations, and Australian practice under article 5 of the protocol against the smuggling of migrants By land, sea, and air. International Journal of Refugee Law, 25 1: 39-64. doi:10.1093/ijrl/eet003

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Author Schloenhardt, Andreas
Hickson, Hadley
Title Non-criminalization of smuggled migrants: rights, obligations, and Australian practice under article 5 of the protocol against the smuggling of migrants By land, sea, and air
Journal name International Journal of Refugee Law   Check publisher's open access policy
ISSN 0953-8186
1464-3715
Publication date 2013-03
Year available 2013
Sub-type Article (original research)
DOI 10.1093/ijrl/eet003
Open Access Status
Volume 25
Issue 1
Start page 39
End page 64
Total pages 26
Place of publication Oxford, United Kingdom
Publisher Oxford University Press
Collection year 2014
Language eng
Subject 180116 International Law (excl. International Trade Law)
Abstract Article 5 of the United Nations Protocol against the Smuggling of Migrants by Land, Sea, and Air, to which Australia is a state party, requires states not to criminalize migrants for being the object of migrant smuggling. This international obligation raises questions about Australia’s response to migrant smuggling and its treatment of asylum seekers. This article examines the principle that smuggled migrants should not be punished for seeking refuge through illegal entry to a receiving state. It explores the extent of the obligations created by article 5, and, on that basis, assesses the compatibility of Australia’s legislative and practical responses to the smuggling of migrants.
Keyword Asylum seeker
Illegal immigrant
Immigration policy
Legislative implementation
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2014 Collection
TC Beirne School of Law Publications
 
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Created: Fri, 17 May 2013, 14:29:59 EST by Carmen Buttery on behalf of T.C. Beirne School of Law