Section 197C — Non-refoulement obligations not relevant to s 198 removal
Text of provision
obligations to removal of unlawful non-citizens under section 198 ............................................................332
Plain English
Section 197C provides that in deciding whether to remove an unlawful non-citizen under s 198, a non-refoulement obligation (whether arising under the Refugee Convention, the Convention Against Torture, or any other international instrument) is not relevant and must not be taken into account. Non-refoulement protection is instead provided separately through the protection visa system.
Practical effect
The effect of s 197C is to insulate the removal obligation from direct challenge based on non-refoulement. A person who fears persecution or serious harm in their country of origin must apply for a protection visa — they cannot rely directly on international law to prevent removal. The protection visa system is the exclusive avenue for non-refoulement protection in Australia. The practical implication is that a person whose protection visa has been refused must exhaust all review avenues within the visa system before relying on non-refoulement arguments to prevent removal.