Lyla Lindsey
Australia's asylum policies have been a contentious issue, with the country being the only one in the world with a policy of mandatory detention and offshore processing of asylum seekers who arrive without valid visas. The country's geographic isolation makes it harder for refugees to seek asylum, and those arriving by boat are often seen as a threat by Australians. While Australia has resettled over 870,000 refugees since World War II, ranking 22nd per capita in refugee acceptance in 2012, it has also implemented controversial policies, such as detaining asylum seekers in offshore camps on Manus Island in Papua New Guinea and Nauru, which have been criticized by the United Nations and rights groups. Australia's protection program offers 20,000 places annually, but the gap between needs and resettlement is growing. The country's asylum policies have undergone significant changes, with the current focus on deterring asylum seekers from arriving by boat and utilizing third-country processing arrangements.
| Characteristics | Values |
|---|---|
| Asylum seekers in Australia | 100,000 |
| Rejected asylum seekers in Australia | 30,000 |
| Australia's rank in the world in terms of the number of refugees hosted | 47th out of 198 countries |
| Australia's rank in the world on a per capita basis | 22nd |
| Australia's rank in the world in terms of resettlement of asylum seekers | 2nd |
| Australia's rank in the world in terms of resettlement of asylum seekers per capita | 3rd |
| Australia's rank in the world in terms of resettlement of asylum seekers as a proportion of GDP | 3rd |
| Australia's annual refugee quota in 2012 | 20,000 people |
| Number of refugees accepted in Australia in 2016-2017 | 24,162 |
| Number of asylum seekers in Australia in 2007-08 | 25 |
| Number of immigrants under asylum laws in Australia in 2008 | 161 |
| Number of asylum claims in Australia in 2009 | 2,800 |
| Number of asylum claims in Australia in 2009-10 | 5,000+ |
| Number of asylum seekers in Australian-run offshore detention centres as of 30 September 2017 | 1,439 |
| Number of refugees Australia hopes to resettle in the US | 1,400 |
| Number of asylum seekers who voluntarily returned to their country of origin between 2013 and September 2017 | 624 |
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What You'll Learn
Australia's rejection of asylum seekers arriving by boat
Australia has a contentious history of rejecting asylum seekers arriving by boat. The country has a policy of mandatory detention and offshore processing for these asylum seekers, which has been criticised by human rights groups.
In 2001, Australia introduced an excision regime, barring asylum seekers who arrive at an 'excised offshore place' without a valid visa from applying for a visa to remain in the country. This policy was amended in 2012, when the Australian government introduced third country processing arrangements. Under these new arrangements, asylum seekers arriving by boat after 13 August 2012 must be transferred to a 'regional processing country' unless granted an exemption by the Minister. This policy, known as the ''no advantage' principle, means that even if asylum seekers are assessed to be refugees, they will not be granted a protection visa and resettled in Australia. Instead, they may be settled in regional processing countries such as Nauru or Papua New Guinea.
The Australian government has defended its tough asylum policies, arguing that the journey made by asylum seekers is dangerous and controlled by criminal gangs. They have a duty, they argue, to stop these journeys. However, human rights groups have criticised the conditions in the offshore processing centres, citing poor hygiene, cramped conditions, and a lack of facilities. The indefinite detention of asylum seekers has also been said to cause widespread psychological harm and expose them to dangers such as physical and sexual assault.
In recent years, there has been a decline in the number of asylum seekers arriving in Australia by boat, with zero recorded in 2021. Despite this, Australia's hard line on immigration and asylum seekers arriving by boat remains unchanged.
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Refugees transferred to third countries
Australia has a unique position in that it does not share a land border with any other nation. This makes it harder for refugees to seek asylum in Australia, and it also means that refugees arriving by boat are often viewed as a threat by the Australian public. This sense of fear has been encouraged by politicians on both sides.
In the 1970s, when people started fleeing Vietnam by boat, then-Prime Minister Malcolm Fraser took the lead in resettling thousands of Vietnamese refugees. However, when Cambodians began fleeing to Australia by boat in the early 1990s, the Labor government of the day introduced laws to automatically detain these refugees. These laws remain the foundation of Australia's detention policies today.
In 2008, the Labor government ended offshore processing and temporary protection, granting all those with temporary protection visas permanent protection. However, this coincided with a dramatic increase in the number of refugees seeking protection worldwide.
In 2011-2012, asylum seekers arriving by boat outnumbered those arriving by plane for the first time. In response to this, the Australian government introduced third-country processing arrangements in August 2012. Under these arrangements, asylum seekers who arrive by boat must be transferred to a 'regional processing country' as soon as reasonably practicable. The principle of ''no advantage' applies, meaning that even if those people are assessed to be refugees, they will not be granted a protection visa until they would have been resettled 'under normal regional arrangements'.
As of 2017, Australia had 742 men on Manus Island in Papua New Guinea (PNG), 369 people in detention on Nauru, and 328 people detained on Christmas Island. Australia has been strongly criticised by the United Nations and rights groups for its offshore detention centres, which have been described as inhumane and illegal.
In 2013, the Australian government announced that all people seeking asylum by boat would be sent to Nauru and PNG, and those sent there would not be resettled in Australia. This policy was designed to break the people-smuggling model, which sees asylum seekers paying to be smuggled into Australia on fishing boats from Indonesia. However, it has been criticised for trapping people seeking asylum in limbo, as it was not clear how Australia would find a third country to resettle them.
One proposed solution was the 'Malaysia Solution', in which Malaysia would agree to host people seeking asylum in exchange for greater resettlement from Malaysia to Australia. However, this policy was deemed morally dubious and was ultimately rejected by the High Court, which found that Malaysia did not satisfy the conditions of an 'offshore processing country'.
Another refugee swap deal was negotiated with the United States, in which Australia would accept refugees from Central America in exchange for the US resettling asylum seekers currently held on Manus Island and Nauru. However, this deal stalled under President Donald Trump, leaving Australia seeking alternative solutions.
In conclusion, while Australia has a history of accepting refugees and asylum seekers, its policies have become increasingly hardline in recent years, with a focus on offshore processing and third-country resettlement. This has led to criticism from human rights groups and the United Nations, who argue that Australia is failing to meet its obligations under the Refugee Convention and as a humanitarian nation.
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Australia's international obligations to asylum seekers
Australia has international obligations to protect the human rights of asylum seekers and refugees who arrive in the country. According to the United Nations 1951 Convention relating to the Status of Refugees (The Refugee Convention) and its 1967 Protocol, a refugee is someone who has fled their country and is unable or unwilling to return due to a well-founded fear of persecution. Australia, as a signatory to this convention and its protocol, is legally obliged to develop laws and policies that respect the human rights of asylum seekers and refugees, regardless of how or where they arrive and whether they have a visa or not.
The Australian government has obligations under various international treaties, including the International Covenant on Civil and Political Rights (ICCPR), the Convention Against Torture (CAT), and the Convention on the Rights of the Child (CRC). These treaties prohibit the return of individuals to their home countries or third countries where they face a real risk of human rights violations. These obligations extend to all individuals within Australia's jurisdiction, regardless of their refugee status.
Australia's obligations also apply to asylum seekers held in immigration detention. In 2012, due to overcrowding in detention facilities, the Australian government announced that some asylum seekers would be released into the community on bridging visas. This decision was made to address capacity constraints in detention centres in Australia, Nauru, and Manus Island, where several hundred asylum seekers were being detained under third-country processing arrangements.
Australia's ranking in accepting refugees is notable. In 2012, the Refugee Council of Australia ranked the country 22nd per capita in accepting refugees. However, in terms of resettlement, Australia ranked 2nd worldwide, 3rd per capita, and 3rd as a proportion of GDP. As of July 2022, there were an estimated 100,000 asylum seekers in Australia, with around 30,000 of those having their applications for refugee status rejected.
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Refugee swap deals
Australia has a contentious history with asylum seekers and refugees. While it was historically viewed as a world leader in resettling refugees, with more than 870,000 refugees resettled since World War II, it has also been criticised for its hardline immigration policies and offshore processing of asylum seekers.
In 2011, Australia and Malaysia signed a controversial refugee swap deal. This agreement aimed to reduce the number of asylum seekers arriving in Australia by boat. Under the arrangement, 800 migrants who entered Australia illegally by boat would be transferred to Malaysia, where their refugee claims would be processed by the United Nations. In exchange, Australia would accept 4,000 certified refugees from Malaysia over four years. This deal was criticised by rights advocates, who argued that Australia was abandoning its international obligations under the United Nations refugee convention, especially since Malaysia is not a signatory to the convention and has a poor record in its treatment of refugees.
In 2016, Australia was also in discussions with the Obama administration in the United States for another refugee swap deal. This potential agreement involved Australia resettling migrants from U.S.-backed detention camps in Costa Rica, in exchange for the U.S. accepting refugees from Australia's Pacific Islands, particularly Nauru and Papua New Guinea. This deal was criticised due to the controversial nature of Australia's offshore detention centres, which have been compared to "Guantanamo Bay".
In 2017, Australia and the United States finalised a refugee swap arrangement, where Australia agreed to accept several dozen Central American refugees from Costa Rica, and in return, the U.S. would take up to 1,250 asylum seekers from Australia's immigration centres in Nauru and Papua New Guinea. This deal was described by President Donald Trump as a "dumb deal" for America.
These refugee swap deals highlight the complex nature of asylum seeker policies and the ongoing negotiations between countries to manage refugee resettlement.
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Australia's asylum seeker intake compared to other countries
Australia has obligations to protect the human rights of asylum seekers and refugees who arrive in the country, regardless of how or where they arrive and whether they have a visa or not. In 2012, the Refugee Council of Australia ranked Australia 22nd on a per capita basis for accepting refugees. However, the Council also found that Australia ranks 2nd in the world overall, 3rd per capita, and 3rd as a proportion of GDP when it comes to resettling asylum seekers (rather than receiving them).
There has been a substantial increase in the number of asylum seekers arriving in Australia over the years. In the 2007-08 financial year, only 25 asylum seekers travelled to Australia by boat. This number jumped to 161 in 2008, 2,800 in 2009, and over 5,000 in 2009-10. From 1999 to 2001, approximately 12,000 asylum seekers reached Australia. The Australian government has a visa policy to detain those without valid visas until they can be returned to their home countries. This has led to the detention of thousands of asylum seekers in Australia, as well as in third countries like Nauru and Manus Island in Papua New Guinea.
In 2023, 69% of refugees and asylum seekers resided in neighbouring countries if it was safe to do so. Australia granted 20,000 refugee and humanitarian visas in 2023 under its financial year quota. In the 2019-20 financial year, Australia received 23,266 claims from within the country and 70,621 from outside its borders. As of July 2022, there were an estimated 100,000 asylum seekers in Australia, with around 30,000 of those having their applications for refugee status rejected.
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Frequently asked questions
Asylum policy is a contentious issue in Australian politics, with the two major political parties arguing that the issue is a border control problem and one concerning the safety of those attempting to come to Australia by boat. Australia is relatively unusual in that it does not border another country, making it much harder for refugees to seek asylum. In 2012, Australia was ranked 22nd on a per capita basis in a list of countries that accept refugees.
Australia has a policy of mandatory detention and offshore processing of asylum seekers who arrive without a valid visa. Rejected asylum seekers are held in immigration detention indefinitely until they are removed from Australia. Since 2012, asylum seekers who arrive by boat are transferred to a 'regional processing country' such as Nauru or Papua New Guinea (PNG).
Under the International Covenant on Civil and Political Rights (ICCPR), the Convention Against Torture (CAT), and the Convention on the Rights of the Child (CRC), Australia is obligated not to return people who face a real risk of human rights violations. This includes not sending rejected asylum seekers to third countries where they would face such risks.
