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CPCF v Minister for Immigration and Border Protection and Australia, First instance decision, (2015) 316 ALR 1, ILDC 2936 (AU 2015), 28th January 2015, Australia

Reporter(s)

William Thomas Field-Papuga

CPCF v Minister for Immigration and Border Protection and Australia, First instance decision, (2015) 316 ALR 1, ILDC 2936 (AU 2015), 28th January 2015, Australia

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 10 December 2019

Whether Australia’s executive powers were constrained by international non-refoulement obligations, which had not been implemented in domestic legislation, under the Convention relating to the Status of Refugees (‘Refugee Convention’), the International Covenant on Civil and Political Rights (‘ICCPR’), and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (‘Convention against Torture’).

Whether non-refoulement obligations under the Refugee Convention, the ICCPR, and the Convention against Torture applied to extra-territorial actions taken by states.

Whether rights and obligations under the United Nations Convention on the Law of the Sea allowed states to detain individuals, on board an incoming vessel and take them from that state’s contiguous zone to a foreign country.

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