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Bringing Protection Home: Healing the Schism Between International Obligations and National Safeguards Created by Extraterritorial Processing.

Authors :
FRANCIS, ANGUS
Source :
International Journal of Refugee Law; Jul2008, Vol. 20 Issue 2, p273-313, 41p
Publication Year :
2008

Abstract

Extraterritorial processing schemes are designed to prevent and deter access to statutory and judicial safeguards in the country responsible for the interception and transfer of asylum seekers to a third country. In line with this objective, they incorporate interdiction, transfer and processing practices and standards that are deliberately isolated from the national legal and institutional protections within either the intercepting state or the third country where processing occurs. Australia's recent disbandment of its extraterritorial processing centres in third countries highlights the fact that extraterritorial processing schemes have proven unworkable as a matter of international law, as they negate the national safeguards fundamental to the satisfaction of a state's protection obligations. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
09538186
Volume :
20
Issue :
2
Database :
Complementary Index
Journal :
International Journal of Refugee Law
Publication Type :
Academic Journal
Accession number :
34152106
Full Text :
https://doi.org/10.1093/ijrl/een021