History of the convention

We commence our discussion of refugee law by providing a brief overview of the instruments underpinning refugee law in Australia. This provides insight into the development of the legal definition of a ‘refugee’ and the objectives of the parties involved in framing the definition. This potentially plays an important role in understanding the nature and scope of refugee law.

International refugee law is principally governed by the 1951 Convention Relating to the Status of Refugees as modified by the 1967 Protocol Relating to the Status of Refugees (hereafter together referred to as the Convention). The Convention provides a definition of a refugee and confers a number of rights and protections to persons falling within this definition.

The origins of the Convention can be traced back to the early twentieth century. Prior to this time, customary international law imposed an obligation on states to protect their own nationals only. This obligation did not extend to individuals from other nations who found themselves within the borders of a state. States had the discretion to accept immigrants whom they perceived would contribute to the economy or society in a positive way, and to expel refugees under the assumption that the right to do so was inherent in a state's sovereign powers.

During the inter-war years of 1919–1939, numerous violent conflicts and political problems in Europe and the Middle East led to the displacement of large numbers of people.