Lexi Webster
Australia has a controversial history of dealing with illegal immigrants and asylum seekers. The Migration Act 1958 defines unlawful non-citizens as those without a valid visa, and Australia operates several immigration detention facilities, including offshore processing centres in Nauru, Christmas Island, and Manus Island. In 2012, the Australian government restarted a policy of sending asylum seekers to Papua New Guinea and Nauru for processing, which was expanded in 2013 to include all those reaching the country by boat. This policy has faced criticism from human rights groups and the UN due to concerns about indefinite detention, inhumane conditions, and breaches of international law. While Australia argues that its policies prevent deaths at sea and protect its borders, the effectiveness of offshore processing in reducing illegal maritime arrivals is debated.
| Characteristics | Values |
|---|---|
| Definition of illegal immigration to Australia | Defined by the Migration Act 1958, which distinguishes between "lawful non-citizens" (valid visa holders) and "unlawful non-citizens" (those without a valid visa) |
| Administration | Department of Home Affairs |
| Number of illegal immigrants | Estimated at more than 60,000 in 2018, increasing to over 100,000 by 2021 |
| Detention facilities | Australia operates both immigration detention facilities within the country and several offshore processing centres |
| Number of functioning offshore centres | 3 |
| Number of detention centres on the mainland | 10 |
| Examples of facilities | Nauru, Christmas Island, Manus Island |
| Offshore processing effectiveness | Disputed; the Australian government claims it reduced illegal maritime arrivals, but evidence is inconclusive |
| Mandatory detention policy | Introduced in 1992, requiring the detention of all persons without a valid visa during the claim assessment process |
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What You'll Learn
Mandatory detention for asylum seekers
Australia has one of the strictest immigration detention regimes in the world. The country has a system of mandatory detention for asylum seekers, which was established by the Keating government in 1992. Under this system, any non-citizen who is in Australia without a valid visa must be detained. These individuals can only be released from immigration detention if they are granted a visa or removed from the country.
The mandatory detention policy was introduced as an interim measure to "support the integrity of Australia's immigration program" and "management of Australian borders". It was also intended to distinguish between those who had submitted themselves to offshore entry processes before arrival and those who had not. The policy was originally implemented in response to a wave of boat arrivals from Indochina.
The Migration Act 1958 defines unlawful non-citizens as those without a valid visa. According to the Australian Bureau of Statistics, the majority of people in Australia illegally are visa overstayers, who enter the country legally but remain after their visa expires or is revoked. In 2018, it was reported that more than 60,000 foreigners were living illegally in Australia, a number that increased to over 100,000 by 2021.
Australia operates several immigration detention facilities, including ten detention centres on the mainland and three functioning offshore centres. These offshore centres are located in Nauru, Christmas Island, and Manus Island. Asylum seekers are mandatorily detained while they undergo an assessment process, including security and health checks, to determine if they have a legitimate reason for staying in Australia.
The human rights of those in immigration detention are a concern for the Australian Human Rights Commission. Liberty is a fundamental human right, and individuals in detention are vulnerable to violations of their human rights. The Commission has called for an end to the system of mandatory detention, as it leads to breaches of Australia's human rights obligations.
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Australia's offshore asylum system
Australia currently operates three offshore processing centres in addition to ten detention centres on the mainland. These facilities include Nauru, Christmas Island, and Manus Island. In 2012, the Australian government restarted a policy of sending some asylum seekers for processing in Papua New Guinea and Nauru, which was expanded in 2013 by then-Prime Minister Kevin Rudd to include everyone reaching the country by unofficial boat. This policy stated that those arriving by boat would never be allowed to resettle in Australia.
The effectiveness of this offshore asylum system in reducing dangerous sea crossings has been questioned. While the number of people arriving by boat has significantly decreased since the introduction of offshoring, other factors such as turnbacks and takebacks may also have contributed to this decline. Additionally, in the year after offshore processing began, the number of arrivals increased, with three times more people arriving by boat between July 2012 and July 2013 compared to the previous year.
The system has faced opposition from various groups, including religious, community, and political organisations, on humanitarian grounds. In 2016, the Supreme Court of Papua New Guinea ruled that the detention of asylum seekers on Manus Island was illegal, violating their constitutional right to freedom. Despite this, the Australian government maintained that their policies were necessary to protect Australia's borders and enforce immigration laws.
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Illegal Maritime Arrivals (IMAs)
Australia has a long history of people attempting to reach the country unofficially by boat, particularly those fleeing war and persecution. The Australian government has a policy of mandatory detention for unlawful non-citizens, which was introduced in 1992 in response to a wave of boat arrivals from Indochina.
In 2012, the Australian government restarted a policy of sending some people who arrived by sea for asylum processing in Papua New Guinea and Nauru. In 2013, this was expanded to include everyone reaching the country by unofficial boat, with the declaration that no one who arrived by this route would be allowed to resettle in Australia. The term "Illegal Maritime Arrivals" (IMAs) was also introduced to refer to those who arrive in Australia by sea without a visa. IMAs are required to apply for a Temporary Protection Visa (TPV) or a Safe Haven Enterprise Visa (SHEV) and those who do not apply are expected to leave the country.
There is some debate about the effectiveness of offshore processing in reducing illegal maritime arrivals. While the number of people arriving by boat has decreased since the introduction of offshore processing, there are other factors that may have contributed to this decline, such as the introduction of turnbacks. Additionally, in the year after offshore processing began, the number of arrivals increased, with three times more people arriving by boat between July 2012 and July 2013 compared to the previous 12 months.
It is important to note that while seeking asylum in Australia is not a criminal offence, the term "illegal" has been deemed valid when referring to an arrival's entry status. The majority of people in Australia illegally are visa overstayers, who enter the country legally but remain after their visa has expired or been revoked.
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Australia's immigration law in 2013
Australia's immigration laws are defined by the Migration Act 1958, which distinguishes between "lawful non-citizens" (those with valid visas) and ""unlawful non-citizens" (those without). The Migration Amendment (Reform of Employer Sanctions) Act 2013 also came into force on 1 June 2013, which placed the responsibility on businesses to ensure their employees maintained the correct work entitlements.
In 2013, the United Nations Human Rights Committee found Australia guilty of 138 counts of illegal detention, lack of judicial remedy, and inhumane or degrading treatment. This was due to a complaint lodged in 2011 regarding the resulting indefinite detention of asylum seekers. The Australian government has a mandatory immigration detention system, introduced in 1992, which applies to "unlawful non-citizens". In 2013, the Australian government also signed a Memorandum of Understanding with Nauru, agreeing to enable individuals in need of international protection to settle in Nauru, subject to certain conditions.
In 2013, the Australian government announced a Regional Settlement Arrangement (RSA) with the Government of Papua New Guinea (PNG). Under this agreement, asylum seekers arriving by boat after 19 July 2013 would be transferred to PNG for processing and resettlement if they were found to be refugees. This policy of offshore processing was expanded in July 2013 by Prime Minister Kevin Rudd, who declared that anyone reaching Australia by unofficial boat would never be allowed to resettle in the country. This was a response to the increasing number of people arriving by boat, with 25,173 people arriving between July 2012 and July 2013, three times more than the previous year.
In terms of visas, there are several types available. These include the Special Purpose Visa, which is a visa exemption for certain foreign nationals, and the Bridging Visa E, which permits the holder to stay lawfully in Australia while making arrangements to leave or wait for an immigration decision. The eVisitor visa was automatically granted to 85.8% of applicants in the last quarter of 2013, although rates differed significantly between countries. Nationals of Bulgaria, Romania, the Czech Republic, Lithuania, Latvia, and Slovakia had much lower rates of automatic approval.
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Australia's detention centres
Australia operates a number of immigration detention centres within the country, as well as several offshore processing centres. These facilities are used to house people in immigration detention, those detained under the Pacific Solution, and Operation Sovereign Borders.
The Australian government currently operates three offshore centres and ten detention centres on the mainland. These facilities include Nauru, Manus Island, and Christmas Island. The centres are managed by the British services company Serco on behalf of the Australian government.
Immigration detention centres in Australia detain people who have overstayed their visas, breached their visa conditions, had their visas cancelled, or been refused entry at Australia's ports. This includes asylum seekers arriving by sea without passports, identity papers, or valid entry visas.
The use of offshore processing centres has been a source of controversy, with organisations such as Amnesty International, the Australian Human Rights and Equal Opportunity Commission, and Human Rights Watch accusing Australia of human rights abuses. The United Nations High Commissioner for Refugees (UNHCR) has criticised Australia's policies, stating that the centres are a "damning indictment of a policy meant to avoid Australia's international obligations."
In 2012, the Australian government restarted a policy of sending some asylum seekers arriving by sea for processing in Papua New Guinea and Nauru. This was expanded in 2013 to include everyone reaching the country by unofficial boat, with Prime Minister Kevin Rudd declaring that none of these arrivals would be allowed to resettle in Australia. While the number of boat arrivals has since decreased, it is unclear if offshore processing is the primary cause, as other factors, such as turnbacks, may have played a more significant role.
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Frequently asked questions
Australia has a history of sending illegal immigrants to offshore processing centres in Papua New Guinea, Nauru, and Manus Island.
Australia has agreements with Papua New Guinea and Nauru to transfer those arriving illegally for processing. This policy was introduced to reduce the number of illegal maritime arrivals.
Australia's policy of sending illegal immigrants to offshore processing centres has been criticised by rights groups and the UN for its substandard conditions and breach of international law.
