Abstract

The refuge and its rights are considered as one of the controversial categories and issues of the human rights. In this regard, the Geneva International Convention and the attached protocol can be referred as the most important international document and the most important and valuable measurement criterion related to the refugees.

In this research, the rules of Iran and Australia under the Geneva Convention and the attached protocol are compared, that the Iran and Australia’s government have joined it. It seems that considering the accession of both Iran and Australia countries to the Geneva Convention, the domestic rules of these countries are perfectly conformed to this international document. Also, it seems that considering the reports of the Australia human rights commission and other defenders’ authorities of human rights, the approval of the Australia new rule about prohibition of the arrival of the refugees who arrived by boat illegally on seashore of this country and transferring them to other countries, is contrary to the principle of " not returning ", that has been mentioned in the related documents.

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