Immigration and refugee law in the context of international human rights law

As we saw in chapters 1 and 2, underlying this study of Australian migration law has been the principle that the decision on who can enter the country is an exercise of national sovereignty. But throughout this book, the close relationship between international law and domestic law has been demonstrated, especially in relation to the granting of protection visas. In this chapter, we are again reminded that Australia's regulation of admission to its territory is done in the context of international instruments that provide standards and guidance. The influence of human rights on immigration and refugee law will be considered. As Australia, and the world, face new challenges such as globalisation, terrorism and environmental changes, international standard setting is expected to become increasingly important.

Human rights are often regarded as the rights a person has simply because they are a human being. They are basic standards that allow a person to live with dignity. People who are forced to flee their homes due to conflict or oppression are obviously likely to be in need of humanrights protections. Immigrants are also vulnerable to exploitation and repression. The Human Rights Manual, published by the Department of Foreign Affairs and Trade, describes the operation of human rights norms.