There are no practical obstacles to leaving the convention. Paragraph 2 of Article 44 states that any State Party may terminate or resign within one year. Such an approach would be unprecedented – no state has ever withdrawn. However, the threat of immediate pariah international status is less compelling at a time when the asylum system is widely regarded as a „broke“. Australia`s references to refugees and controlled migration are unmatched, and have exceeded its demographic weight in international migration and refugee forums. Australia could stay with EXCOM. In theory, an exit from the agreement would free up a considerable amount that could be redirected to countries of first asylum. It would also allow Australia to reaffirm its commitment to a comprehensive offshore resettlement program for refugees. While Australia is clearly not big enough to lead the world, it could give a boost to reforms. The rapid return of failed asylum seekers may be the only effective counterpoint to human trafficking. China has openly criticized Canada and the United States for granting refugee status to Chinese boat refugees they describe as „economic migrants“ and was unwilling to accept incomplete batches of returnees. It asserts that granting permanent resident status as a relatively prosperous country does not promote the persecution of their citizens in terms of irregular migration and human trafficking.
(37) 2. States Parties treat refugees as favourable and, in any case, no less favourable than that generally granted to foreigners in the same circumstances, with regard to training other than primary education and, in particular, access to studies, recognition of foreign diplomas, diplomas and diplomas, the granting of rights and royalties and the granting of scholarships. Supporters of the convention say that migration restrictions in Western countries must be lifted in order to reduce pressure on the asylum system and thus maintain the „integrity“ of the asylum system. The EU has concluded that asylum-based migration can only be managed through development and through agreements with governments on the deployment of countries in aid, trade and training, as well as on temporary (and controlled) migration opportunities. While Australia targets some of its assistance in preventing refugee movements, its immigration programs have been developed with national (albeit sometimes sectoral) interests in mind. The concept of immigration (unlike our humanitarian reception) is linked to our regional aid and other objectives, or related to the relationships we forge with countries sending or transiting refugees, and has not been taken into account in recent decades. 1. Where the exercise of a right by a refugee normally requires the assistance of authorities of a foreign country to which he cannot resort, the States Parties in whose territory he finds himself ensure that such assistance is granted to him by their own authorities or by an international authority. Young, Margaret, Canada`s refugee status determination system, Research Branch, Library of Parliament, Canada, 1997. States Parties reserve the right to apply the internal measures they deem necessary during this period. States Parties treat as favourable as possible and, in any event, no less favourable than foreigners generally granted in the same circumstances, as favourable as possible and, in any event, no less favourable, with respect to the acquisition of personal property and buildings and other related rights, as well as leases and other contracts relating to personal property and real estate.
A logical first step towards reform would be the interpretation of the convention in legislation for australia`s purposes.