AustraliaMy refugee application was rejected. Can the government deport me to a country where I face persecution?
No — Australian law prohibits deporting a person to a country where they face persecution, even if their refugee application was rejected.
What the Law Says
Australian law incorporates the international principle of non-refoulement — the prohibition on returning a person to a place where they face persecution or serious harm. This applies regardless of whether a refugee claim has been accepted or rejected.
The Migration Act 1958 (Cth) makes it unlawful for the Australian government to remove or deport a person to a country where they would face persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion.
Section 197C of the Migration Act explicitly states that 'the Minister must not remove or deport a non-citizen to a country if the Minister considers that the non-citizen would be at risk of significant harm in that country.' This reflects Australia’s binding obligation under the Refugee Convention.
Even if your protection visa application is refused, you retain rights under sections 198(2) and 197C — meaning removal cannot occur if it breaches non-refoulement. The decision-maker must assess risk of persecution independently of the original refusal.
Statutory TextThe Minister must not remove or deport a non-citizen to a country if the Minister considers that the non-citizen would be at risk of significant harm in that country.
— Migration Act 1958 (Cth), s. 197C — Duty not to remove or deport to risk of significant harm
Statutory TextA person is a refugee if... owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality...
— Migration Act 1958 (Cth), s. 36(2)(a) — Meaning of refugee
Statutory TextThe Minister must not remove or deport a non-citizen to a country if the Minister considers that the non-citizen would be at risk of persecution in that country.
— Migration Act 1958 (Cth), s. 198(2) — Removal or deportation to country of persecution
What to Do
Request a merits review of your refusal with the Administrative Appeals Tribunal (AAT) within 28 days.
If the AAT also refuses your claim, ask the Department of Home Affairs for a 'non-refoulement assessment' under s. 197C.
Seek legal advice from a registered migration agent or community legal centre specialising in refugee law.
If removal is imminent, apply urgently to the Federal Circuit and Family Court of Australia for an injunction to stop deportation.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.