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

Bibliography File Note.

Type
Journal Article

Author
Andreas Schloenhardt

Author
Hadley Hickson

URL
http://ift.tt/23iYoPG

Volume
25

Issue
1

Pages
39-64

Publication
International Journal of Refugee Law

ISSN
0953-8186, 1464-3715

Date
03/01/2013

Journal Abbr
Int J Refugee Law

DOI
10.1093/ijrl/eet003

Accessed
2016-05-02 14:00:06

Library Catalog
ijrl.oxfordjournals.org.ezproxy.lib.monash.edu.au

Language
en

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.

Short Title
Non-Criminalization of Smuggled Migrants

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