Cooperation on migration control and access to asylum: questions of state responsibility

Cooperation on migration control and access to asylum: questions of state responsibility

Mr Nikolas Tan

Abstract: How do international law norms apply to international cooperation in the field of migration control and asylum processing? How does international law hold two or more states jointly responsible for treatment of asylum seekers? Australia has led the way in migration control efforts in the past 15 years, through a far-reaching non-entrée regime with regional countries of origin and transit. Such cooperation arrangements challenge the reach of human rights and refugee law and raises questions about international law more broadly. This presentation firstly provides a typology of cooperation-based migration control measures, undertaken with a range of regional states, including origin and transit countries. The presentation secondly discusses the human rights and refugee law questions raised by such policies, through the lens of state responsibility. Finally, the presentation compares Australian and European cooperation arrangements in this area.

Nikolas Feith Tanis a PhD fellow at the Danish Institute for Human Rights and Aarhus University in international refugee law. His doctorate looks at state cooperation in the field of migration control. An Australian lawyer, Nikolas is a former officer of the Australian Department of Foreign Affairs and Trade. He holds a Master of Law from the University of Copenhagen and Bachelors of Law and Arts (Political Science) from the University of Melbourne.