Ruqayyah Snyder
In 2016, the Australian government announced that many of the refugees on Manus Island and Nauru would be offered asylum in the United States. This agreement between the Australian Prime Minister Malcolm Turnbull and US President Donald Trump has been a source of contention, with Trump repeatedly referring to the refugees as illegal immigrants and criticising the deal as dumb. Despite this, the US State Department has confirmed its commitment to the agreement, and Australia has emphasised its intention to honour the deal. The specifics of the deal remain largely unknown to the public, but it is thought that Australia will settle refugees from Honduras, Guatemala, and El Salvador in exchange for US assistance with Australia's offshore refugees.
| Characteristics | Values |
|---|---|
| Date of agreement | 2017 |
| Number of refugees | 1,250 asylum seekers transferred to island detention centers |
| 370 people who came to Australia for medical treatment | |
| Origin of refugees | Middle East, Africa, Asia |
| Current status | In doubt |
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What You'll Learn
Refugees held in detention camps in Nauru and Papua New Guinea
Australia is a signatory to the United Nations 1951 Convention relating to the Status of Refugees (The Refugee Convention) and the subsequent 1967 Protocol. This means that Australia is legally obliged to develop laws and policies in line with the Refugee Convention, in both federal and state jurisdictions. As a party to the Refugees Convention, Australia has agreed to ensure that recognised refugees are not sent back to a country where their life or freedom would be threatened. This is known as the principle of non-refoulement.
Under the Obama administration, the US agreed to resettle a group of refugees held in detention camps on the Pacific island nations of Nauru and Papua New Guinea. The Australian government pays both countries to house the refugees as they refuse to settle any of them in Australia. These refugees were transferred to these island detention centres after being intercepted while trying to reach Australia by boat.
The Australian government has obligations under various international human rights treaties, such as the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention against Torture, and the Convention on the Rights of the Child, to ensure that the human rights of asylum seekers and refugees are respected and protected. These rights include the right not to be arbitrarily detained.
Despite the agreement with the US, many refugees have chosen to remain in detention camps, hoping that Australia will eventually take them in. This has led to issues with overcrowding in these camps. In 2012, the Australian government announced that some asylum seekers liable to transfer to a third country would be released into the Australian community on bridging visas due to overcrowding and capacity constraints in the detention facilities.
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Australia's refusal to settle refugees in the country
Australia has been reluctant to settle refugees within the country, instead opting for third-country processing arrangements. This has resulted in the detention of thousands of asylum seekers and recognised refugees in offshore facilities, particularly in Nauru and on Manus Island in Papua New Guinea. The Australian government's decision to detain individuals indefinitely in these offshore locations has raised concerns about human rights violations and the mental health of those detained.
Under the Migration Act 1958, asylum seekers arriving in Australia without valid visas must be held in immigration detention until their claims are assessed and they are either granted visas or removed from the country. This mandatory detention policy has been criticised by human rights organisations, and while there has been a shift towards community detention since 2010, with unaccompanied minors and families with children being moved out of closed immigration detention, the issue of indefinite detention remains.
The Australian Human Rights Commission has expressed concern about the treatment of asylum seekers and refugees in Australia. They acknowledge the government's obligations under international treaties, including the International Covenant on Civil and Political Rights, the Convention against Torture, and the Convention on the Rights of the Child, to protect the human rights of these individuals. However, they have also raised alarms about the prolonged detention periods, the use of offshore processing centres, and the potential for human rights abuses if individuals are returned to their countries of origin.
Despite the United Nations Refugee Convention, to which Australia is a signatory, the country has struggled to balance its obligations to protect refugees with its strict border control policies. This has resulted in a contentious debate around refugee resettlement, with the Australian government facing criticism for its handling of refugee claims and its refusal to provide permanent settlement for those seeking asylum. The issue of refugee resettlement in Australia continues to be a complex and highly debated topic, with human rights organisations advocating for more humane and rights-respecting approaches.
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Australia's international human rights obligations
Australia has international obligations to protect the human rights of all asylum seekers and refugees who arrive in Australia, regardless of how or where they arrive and whether they have a visa or not.
As a party to the Refugees Convention, Australia has agreed to ensure that people who meet the United Nations definition of a refugee are not sent back to a country where their life or freedom would be threatened. This is known as the principle of non-refoulement.
The Refugees Convention, or the 1951 Convention relating to the Status of Refugees as amended by the 1967 Protocol, defines a refugee as a person who has a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion. They are outside the country of their nationality and are unable or unwilling to return due to this fear of persecution.
Australia has further obligations 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). These treaties contain a number of protections for refugees and asylum seekers. For example, the ICCPR includes the right to life, the right to liberty and security, and the right to be treated with humanity and dignity when deprived of liberty. The CRC requires that all decisions concerning child refugees be made with the child's best interests in mind and that children should not be separated from their families.
While these treaties have not been directly incorporated into Australian law in their entirety, certain provisions are reflected in domestic legislation. For instance, the Migration Act 1958 references the protection obligations under the Refugee Convention when defining the criteria for a 'protection visa'. Additionally, all states have child protection laws that reflect the obligation to protect children from abuse under the CRC.
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Asylum seekers' eligibility for resettlement in the US
Australia has obligations to protect the human rights of all asylum seekers and refugees who arrive in the country, regardless of how or where they arrive and whether they have a visa or not. As a party to the Refugees Convention, Australia has agreed to ensure that refugees are not sent back to a country where their life or freedom would be threatened. This is known as the principle of non-refoulement.
The eligibility of asylum seekers for resettlement in the US is determined by the United Nations Convention relating to the Status of Refugees, as amended by its 1967 Protocol (the Refugee Convention). According to the Refugee Convention, a refugee is a person who is outside their own country and is unable or unwilling to return due to a well-founded fear of being persecuted because of their race, religion, nationality, membership of a particular social group, or political opinion.
The US resettlement process involves the US Citizenship and Immigration Services and the US State Department working together to finalise the selection and travel authorisation of refugees. The State Department also coordinates allocations to specific cities and resettlement agencies, known as VOLAGs. The VOLAGs oversee a network of affiliates in 49 states and Washington, DC, through the State Department's Reception & Placement Program (RPP). This program provides assistance to refugees in settling in the US, including funding for expenses such as rent, furnishings, food, and clothing.
Once the resettlement city and VOLAG have been selected, the International Organization for Migration (IOM) transports the refugee to the US. The cost of transportation is provided as an interest-free loan, with refugees typically beginning to repay it six months after arrival. Upon arrival, the VOLAGs and local community affiliates assist refugees with tasks such as applying for a Social Security card, registering children in school, learning how to access shopping facilities, and arranging medical appointments.
The US Department of Health and Human Services' Office of Refugee Resettlement (ORR) provides short-term cash and medical assistance, as well as case management services, English classes, and employment services. The ORR also supports additional programs beyond the first eight months post-arrival, such as micro-enterprise development and services for survivors of torture, which are available for up to five years post-resettlement.
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The number of refugees the US agreed to accept
The exact number of refugees that the United States agreed to accept as part of the agreement with Australia is unclear. However, it is estimated that there are around 1,250 asylum seekers who were transferred to island detention centres after being intercepted while attempting to reach Australia by boat. Additionally, 370 individuals who came to Australia for medical treatment and subsequently refused to return to the islands are also eligible for resettlement in the United States.
The majority of these asylum seekers originate from the Middle East, Africa, and Asia. Australia's previous centre-left government referred to them as "irregular maritime arrivals," acknowledging that a refugee can legally seek asylum in a country like Australia, which is a signatory to the United Nations Refugee Convention. This convention calls on nations to provide refuge for those fleeing war or violence.
The agreement between the United States and Australia has been a source of contention, with conflicting statements and views expressed by the White House and President Donald Trump. While the State Department has reassured that the agreement will be honoured out of respect for the close ties between the two nations, President Trump has described the refugees as ""illegal immigrants"" and expressed negative sentiments about the deal on Twitter.
It is important to note that many of the refugees have opted to remain in detention, hoping that Australia will eventually take them in. This preference for remaining in detention rather than accepting resettlement reflects the complexity and challenges surrounding the implementation of the agreement between the United States and Australia.
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Frequently asked questions
The refugee resettlement deal between Australia and the United States involves the US agreeing to take in refugees who are being held at detention camps on the Pacific island nations of Nauru and Papua New Guinea. Australia pays both countries to house the refugees as they refuse to settle any of them in Australia.
President Donald Trump has criticised the deal, describing the refugees as "illegal immigrants" and saying there are "thousands" of them. The exact number of refugees is unclear, and few refugees have accepted the offer, opting to remain in detention in the hopes that Australia will eventually take them in.
As a party to the Refugees Convention, Australia has agreed to ensure that people who meet the United Nations definition of a refugee are not sent back to a country where their life or freedom would be threatened. This is known as the principle of non-refoulement. Australia also has obligations under various international human rights treaties to ensure that the human rights of refugees are respected and protected while they are in Australian territory.
