INTERPRETING ASYLUM, REINTERPRETING REFUGEES - AN AUSTRALIAN CASE-STUDY

Australian responses to Cambodian asylum-seekers have been characteris ed by a continuing history of conflict between the legislative, execut ive and judicial branches of Government. I argue that this conflict ha s worked to conceal Australian international and humanitarian obligati ons towards asylum-seekers and refugees. In addition to this, terms us ed to describe asylum-seekers and refugees as 'boat people' 'queue jum pers' 'economic refugees' etc, have operated as categories of bureaucr atic control and political power which have also worked to conceal tho se obligations. Further to this, I explore the form and content of the relevant international instruments as these articulate the obligation s upon states in the grant of asylum. I then examine Australian respon ses to Cambodian asylum-seekers and argue that the international instr uments are no longer sufficient obligation upon signatory stales such as Australia, to entrench the rights of asylum-seekers. I therefore su ggest an extension to the current theoretical debate as this might inf orm possible ways in which to reconceptualise both the rights of asylu m-seekers and the international and humanitarian obligations upon thos e countries from which they seek asylum.