Certain provisions of the Refugees Convention are incorporated in domestic law by means of the Migration Act 1958, which indicate how the law is interpreted in Australia. They are as follows.
To “enter Australia” means to enter the “migration zone”, namely land, seaports and piers.
Persons in Australian waters, but outside these places, do not “enter Australia” for the purposes of the Act. Therefore, Australia considers that it does not have Refugee
Convention obligations to these people.2
The “migration zone” also includes “excised offshore places” — places that are part of
Australia, but “excised” in the sense that asylum seekers are not able to apply for a protection visa in these places. Instead, they must undergo a Refugee Status Assessment, and on the basis of that assessment, the Minister may grant refugee status or not. The
Minister’s decision is not appealable in the