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Australia has long been a destination for refugees and asylum seekers. The country's geographical proximity to Asia makes it an attractive destination for those fleeing persecution and conflict in the region. Australia has obligations under international law to protect the human rights of asylum seekers and refugees, regardless of how or where they arrive. Over the years, the number of asylum seekers arriving in Australia has fluctuated, with a substantial increase between 2008 and 2010. The Australian government has implemented various policies to manage the influx of asylum seekers, including transferring them to third countries for processing and detention.
| Characteristics | Values |
|---|---|
| People seek asylum in Australia to escape persecution in their homeland | N/A |
| People seek asylum in Australia due to conflict, environmental degradation, poverty, and development in their home countries | N/A |
| Number of new asylum claims lodged with governments or through UNHCR worldwide in 2023 | 3.6 million |
| Number of asylum claims made within Australia during the 2019-20 financial year | 23,266 |
| Number of asylum claims lodged from outside of Australia during the 2019-20 financial year | 70,621 |
| Number of asylum claims lodged from outside of Australia during the 2020-21 financial year | 39,461 |
| Number of refugee and humanitarian visas granted by Australia in 2023-24 | 20,000 |
| Percentage of refugees and asylum seekers worldwide who resided in neighbouring countries in 2023 | 69% |
| Number of refugees worldwide in 2023 | 31.6 million |
| Number of refugees resettled globally via resettlement, community sponsorship, and other third-country solution programmes in 2023 | 158,700 |
| Number of children below 18 years of age comprising the overall displaced population worldwide in 2023 | 40% |
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What You'll Learn
Australia's legal obligations to asylum seekers
Australia has international legal obligations to protect the human rights of asylum seekers and refugees who arrive in the country. As a signatory to the 1951 Refugee Convention and the 1967 Protocol, Australia has committed to developing laws and policies that align with the Refugee Convention. This includes ensuring that people who meet the UN definition of a refugee are not sent back to their country of origin.
The Refugee Convention defines a refugee as a person who is outside their own country and is unable or unwilling to return due to a well-founded fear of persecution based on their race, religion, nationality, membership of a particular social group, or political opinion. Australia has a legal obligation to protect the human rights of all asylum seekers and refugees, regardless of how or where they arrive and whether they have a visa.
In addition to the Refugee Convention, Australia has obligations under other international treaties, including the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights, the Convention Against Torture (CAT), and the Convention on the Rights of the Child (CRC). These treaties protect the human rights of individuals, including asylum seekers and refugees, while they are in Australian territory or under Australian jurisdiction.
Australia's obligations include not returning people who face a real risk of human rights violations under the ICCPR, CAT, and CRC, and not sending them to third countries where they would face such risks. The Australian government has also committed to protecting the rights of children, as demonstrated by their decision to move unaccompanied minors and families with children into community detention in 2010.
However, Australia's policies towards asylum seekers, particularly those who arrive by boat, have been controversial. Since 2012, the Australian government has transferred asylum seekers who arrive by boat to offshore processing facilities in Nauru and Manus Island, Papua New Guinea. This policy, known as the "regional processing regime" or "no advantage" principle, aims to deter asylum seekers from coming to Australia by boat. It has been criticised by human rights groups and lawyers, who argue that it violates Australia's international legal obligations and human rights principles, such as the prohibition on arbitrary detention and the right to claim asylum.
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Refugee status determination
Australia is a signatory to the United Nations Convention relating to the Status of Refugees, as amended by its 1967 Protocol (the Refugee Convention). This means that Australia has agreed not to send back refugees to a country where their life or freedom would be threatened. This is known as the principle of non-refoulement.
The Refugee Convention defines a refugee as 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 process of determining whether a person meets the definition of a refugee under the Refugee Convention is called Refugee Status Determination (RSD). RSD is conducted by the United Nations High Commissioner for Refugees (UNHCR). The RSD procedure involves reception and registration, and it determines whether a person is recognised as a refugee, allowing them to access the rights and entitlements afforded to refugee status. In Australia, having refugee status means someone may be issued a protection visa.
In 2023-24, Australia granted 20,000 refugee and humanitarian visas. However, it is important to note that Australia also has a policy of transferring asylum seekers who arrive by boat to other countries, such as Nauru and Manus Island in Papua New Guinea, for their claims to be processed. This policy has been criticised by human rights groups as potentially violating core human rights principles, such as the prohibition on arbitrary detention and the right to claim asylum.
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Humanitarian visas
Australia grants humanitarian visas to refugees and asylum seekers. An asylum seeker is a person who has fled their country and applied for protection as a refugee. Refugees and asylum seekers may be fleeing persecution, conflict, environmental degradation, poverty, or development.
According to the United Nations Convention relating to the Status of Refugees, 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, political opinion, or membership in a particular social group.
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. This includes 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).
There are two categories of visas under the offshore resettlement programme: refugee category visas and special humanitarian visas. Refugee visas are for people experiencing persecution in their home country who are outside that country and in need of resettlement. Special humanitarian visas are for people facing substantial discrimination or human rights abuses and have a proposer in Australia. Most humanitarian visas are granted to applicants who are outside their home country.
In 2023-24, Australia granted 20,000 refugee and humanitarian visas. The majority of these people came from countries where there was conflict or persecution.
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Detention of asylum seekers
Australia has a history of receiving asylum seekers, with the first recorded instance of asylum seekers arriving via unauthorised boat occurring in April 1976. An estimated 2,000 "Vietnamese boat people" followed between 1976 and 1982. In the 1990s, asylum seekers from Cambodia, Somalia, China, and Vietnam began to arrive in Australia, and the Keating government instituted a mandatory detention policy aimed at deterring refugees. This policy, introduced in 1992, requires anyone who enters Australia without a valid visa to be placed in a holding facility while security and health checks are performed and the validity of their asylum claim is assessed.
The mandatory detention policy has been criticised for causing prolonged detention, with some asylum seekers being detained for 18 months or more without any progress on their status. In response to the prolonged detention, some asylum seekers have resorted to hunger strikes. The Australian government has also been criticised for its policy of offshore processing, which has resulted in over 14 deaths, medical neglect, child abuse, and physical and sexual assault.
In 2001, the Howard government made significant changes to Australia's immigration policy, implementing the Pacific Solution, which provided for the indefinite detention of asylum seekers. This policy was highly criticised by human rights groups and refugees, including those imprisoned on Nauru who undertook hunger strikes from 2003 to 2008. The primary concern was the potential for abuse of the process in remote locations, and that immigration control would dominate over child protection issues.
In 2010, the Australian Government announced that it would begin to move a significant number of unaccompanied minors and families with children into community detention. Since late 2010, substantial numbers of asylum seekers and refugees have been transferred out of closed immigration detention into the community. However, as of 2020, there are still thousands of asylum seekers and recognised refugees being held in immigration detention around Australia, including in Nauru and on Manus Island in Papua New Guinea under third country processing arrangements.
The Australian government has obligations under various 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 ensure that the human rights of asylum seekers and refugees in Australia are respected and protected. The Australian Human Rights Commission holds serious concerns that the regional processing regime creates a significant risk of breaching these human rights obligations, including the prohibition on arbitrary detention, the right to claim asylum, and the rights of children and the family.
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Asylum seeker welfare
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. This includes 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). Australia is also party to the United Nations Refugee Convention, which defines a refugee as someone who is outside their country of origin and is unable or unwilling to return due to a well-founded fear of persecution.
In recent years, the number of asylum seekers arriving in Australia has increased substantially. In the 2019-20 financial year, 23,266 claims were made within Australia, and 70,621 from outside of Australia. In 2020-21, 39,461 claims were lodged from outside of Australia. The majority of asylum seekers and refugees come from neighbouring countries, and in 2023, 69% of refugees and asylum seekers resided in their neighbouring countries.
Australia has a policy of transferring asylum seekers who arrive by boat to other countries for processing, including Nauru and Manus Island in Papua New Guinea. This has been criticised by human rights groups, who argue that Australia is turning its back on vulnerable people. In 2023-24, Australia granted 20,000 refugee and humanitarian visas, and there are currently thousands of asylum seekers being held in immigration detention in Australia.
Asylum seekers and refugees in immigration detention have a variety of needs, including torture and trauma counselling, access to family tracing services, legal and migration advice, interpreting and translation services, health and mental health care, and access to education and recreational activities. There are also financial support options available for asylum seekers and refugees, including Crisis Payment, Special Benefit, Rent Assistance, and the Asylum Seeker Assistance Scheme (ASAS), which provides financial assistance to those who are unable to meet their basic needs.
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Frequently asked questions
No, it is not illegal to seek asylum in Australia. Everyone has the right to seek asylum from persecution and it is not a crime under Australian law to arrive by boat without a valid visa and ask for protection.
People seek asylum in Australia to escape conflict, persecution, environmental degradation, poverty, and development in their home countries.
The first step is to contact the Department of Home Affairs to see if you are eligible for a refugee or humanitarian visa. Once you arrive in Australia, you will be assessed by the Department of Home Affairs to determine if you meet the legal criteria to be a refugee. During this time, you are considered an asylum seeker.
