Ruqayyah Snyder
Australia has a history of detaining asylum seekers and refugees in offshore immigration detention centres on islands such as Nauru and Manus Island in Papua New Guinea. This policy, known as offshore processing, was first implemented in 2001 and has been a source of controversy, with various organisations and the United Nations condemning it on human rights grounds. Asylum seekers who arrive by boat are sent to these centres and are not permitted to settle in Australia, even if they are recognised as refugees. The Australian government claims that immigration detention is an administrative function to process claims, but critics argue that it is a brutal strategy to deter asylum seekers and that the conditions in these centres are appalling. There have been efforts to resettle refugees from these centres in other countries, such as the United States, Canada, and New Zealand.
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What You'll Learn
Refugees are sent to offshore islands for processing
Australia has a history of sending refugees to offshore islands, such as Nauru and Manus Island in Papua New Guinea, for processing. This policy, known as "offshore processing" or "offshore detention", began in 2001 after the Tampa crisis, when a Norwegian freighter rescued over 400 mainly Afghan Hazara refugees from their sinking vessel in international waters north of Christmas Island but was refused entry into Australian waters.
The Australian government's policy states that anyone who arrives in the country by boat seeking asylum will never be settled in Australia. Instead, they are sent to offshore processing centres, where they are detained until their refugee claims are decided. This policy has been controversial, with critics arguing that it violates human rights and international law, which states that Australia is legally obligated to grant anyone fleeing persecution and seeking asylum the right to enter the country.
The conditions in these offshore processing centres have been described as appalling and "inhumane", with reports of human rights abuses, riots, and escapes. The United Nations and rights groups such as Amnesty International and Human Rights Watch have documented and condemned the illegal detention and inhumane treatment of refugees in these centres.
Despite the controversy and criticism, the Australian government has continued to defend its policy of offshore processing, arguing that it is not used to punish people but is an administrative function to process refugee claims. In recent years, there have been efforts to resettle refugees from these offshore processing centres in other countries, such as the United States. However, the fate of many refugees remains uncertain, and the impact of Australia's offshore processing policy continues to be a divisive issue.
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Australia's Migration Act 1958
The Act requires people who are not Australian citizens and who are unlawfully in Australia to be detained and removed from the country as soon as reasonably practicable. This includes those who have overstayed their visas, breached visa conditions, or had their visas cancelled, as well as asylum seekers without valid entry visas. Under the Act, these individuals are classified as ""unlawful non-citizens" and are subject to mandatory detention.
The Migration Act 1958 has been at the centre of Australia's controversial policy of offshore detention and processing of asylum seekers. Since 2001, asylum seekers arriving by boat have been sent to offshore detention centres on Manus Island and Nauru for processing, rather than being allowed to settle in Australia. This policy has been criticised by human rights groups and the United Nations as a breach of international law and has been likened to indefinite and arbitrary detention under inhumane conditions.
Despite international condemnation, the Australian government has defended its immigration detention policies as administrative functions, claiming they are necessary while the claims of asylum seekers are processed and security and health checks are undertaken. The Migration Act has been amended over the years to include provisions for character tests for visa applicants, mandatory visa cancellation on character grounds, and the power to impose regional processing functions on certain countries.
The Act has also been central to several landmark court cases, including one in 2020, where the High Court of Australia determined that Aboriginal Australians could not be regarded as aliens in Australia, even if they held foreign citizenship, thus preventing their deportation under the Act's provisions.
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Human rights abuses and condemnation
Australia's offshore detention centres have been the subject of widespread condemnation and allegations of human rights abuses. The United Nations High Commissioner for Refugees (UNHCR) has criticised Australia's policy of offshore processing, stating that it is a "damning indictment of a policy meant to avoid Australia's international obligations".
The UN Human Rights Committee has ruled that Australia is responsible for the arbitrary detention of asylum seekers transferred to offshore facilities in Nauru, finding that the country violated Article 9(1) and Article 9(4) of the International Covenant on Civil and Political Rights (ICCPR). The Committee member Mahjoub El Haiba emphasised that outsourcing asylum processing does not absolve a state of its human rights responsibilities, stating:
> Where a State exercises effective control over an area, its obligations under international law remain firmly in place and cannot be transferred.
Amnesty International has also been critical of Australia's offshore detention regime, describing it as "a human rights catastrophe [...] a toxic mix of uncertainty, unlawful detention and inhumane conditions". Dr Graham Thom, Amnesty International Australia Refugee Rights Advisor, has urged the federal government to listen to human rights experts and the Australian public, who largely denounce offshore detention as "unsafe, inhumane and unacceptable".
Human Rights Watch has similarly called on other governments to reject Australia's offshore processing policy, stating that it has caused "immeasurable suffering for thousands of vulnerable asylum seekers". Asylum seekers themselves have protested against their detention amid the Covid-19 crisis, and individuals have shared their experiences of mental health struggles, suicide attempts, and the pain of indefinite detention.
The offshore detention centres have been the site of riots and escapes, and journalists have been forbidden from entering. In 2014, the Australian Labor Party and the Australian Greens accused the government of a cover-up following a violent clash at the Manus Island facility.
The Australian government claims that immigration detention is not punitive but rather an administrative function to process claims to stay in the country. However, critics have likened the detention centres to concentration camps, and the United Nations special rapporteur on torture found that Australia's detention of asylum seekers on Manus Island and Nauru violated the International Convention Against Torture.
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Resettlement deals with other countries
Australia's policy of offshore detention of refugees and asylum seekers has been a source of much controversy. Asylum seekers who arrive in Australia without a valid visa are detained in offshore immigration detention centres on islands such as Nauru and Manus Island in Papua New Guinea.
The Australian government maintains that immigration detention is an administrative function to process the claims of those seeking asylum. However, human rights groups and the United Nations have criticised these offshore detention centres for their inhumane conditions and indefinite detention, which violates international obligations under the United Nations Convention relating to the Status of Refugees.
In response to these criticisms, the Australian government has explored resettlement deals with other countries. Here are some key examples:
- United States Resettlement Deal: In 2016, the Australian government announced an agreement with the Obama administration to exchange refugees from Nauru and Manus Island for displaced people in Central America. Despite initial confidence from Prime Minister Malcolm Turnbull, the deal faced uncertainty with the transition to the Trump administration. As of 2019, some refugees from Nauru were resettled in the US, but hopes for further resettlement have faded.
- Regional Resettlement within Oceania: Asylum seekers and refugees detained on Manus Island in Papua New Guinea are technically under the jurisdiction of Papua New Guinea. While some are returned to their countries of origin, others may be resettled within Papua New Guinea or other Pacific Island nations.
- Third Country Resettlement: Australia has explored third country resettlement options for refugees and asylum seekers. This involves transferring individuals to other countries for processing and potential resettlement. However, the details of these arrangements are often not publicly disclosed.
- Bilateral Agreements: Australia has entered into bilateral agreements with countries like Nauru to establish offshore processing centres. While these centres are physically located in Nauru, the asylum seekers are under the jurisdiction of the Australian government. The Nauruan government benefits economically from hosting these centres, receiving financial stimulus and job opportunities.
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Refugees' rights to challenge detention
Australia has one of the strictest immigration detention regimes in the world. Under the Migration Act 1958, any non-citizen who is in Australia without a valid visa must be detained. These people may only be released from immigration detention if they are granted a visa or removed from Australia. While the Australian government claims that immigration detention is an administrative function, critics have likened these centres to concentration camps. The United Nations High Commissioner for Refugees (UNHCR) has also criticised these centres as a "damning indictment of a policy meant to avoid Australia's international obligations".
Since 2001, Australia has used the Pacific islands of Nauru and Manus Island in Papua New Guinea as remote sites for the "offshore processing" of people who seek asylum and protection. Asylum seekers arriving by boat in Australia are sent to these offshore detention centres, rather than being settled in Australia. This policy has been criticised by human rights groups, including Amnesty International and Human Rights Watch, as well as the United Nations.
The human rights of people in immigration detention are of special concern to the Australian Human Rights Commission. Liberty is a fundamental human right, and people who are held in detention are particularly vulnerable to violations of their human rights. The Commission has called for an end to the system of mandatory detention, arguing that it leads to breaches of Australia's human rights obligations. The Commission has also highlighted the vulnerability of children in immigration detention, who have the right to challenge the legality of their detention under international law.
Despite the controversy surrounding Australia's immigration detention policies, the government has continued to defend its approach. In 2016, the Australian government announced an intention to exchange some refugees from Nauru and Manus Island for displaced people in Central America. However, this agreement appears to have been cast into doubt following the election of Donald Trump as President of the United States.
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Frequently asked questions
The Australian government's policy is that refugees arriving by boat are sent to offshore processing centres on islands such as Nauru and Manus Island, Papua New Guinea, and will never be settled in Australia. This policy, known as the Pacific Solution, was first implemented in 2001 and has been a source of much controversy, with various organisations condemning it on human rights grounds.
Conditions in the offshore detention centres have been described as "appalling" and "a human rights catastrophe". Asylum seekers are held in indefinite detention, lacking access to sufficient water, healthcare, and proper legal support. There have been a number of riots and escapes, as well as accusations of human rights abuses.
In 2016, a resettlement deal was made where the US agreed to take 1,250 refugees from Nauru and Manus Island. Refugees have also been resettled in Canada under a sponsorship scheme and in New Zealand. However, the bulk of places in New Zealand will go to refugees from offshore detention who are already in Australia for medical care.
