Omari Gates
Australia has been protecting refugees under its Refugee and Humanitarian Program for decades. This program is separate from the Migration Program, which includes business, skilled, and family migrants. People seek refuge in Australia for various reasons, including conflict, persecution, environmental degradation, poverty, and development. While Australia has obligations to protect the human rights of asylum seekers and refugees, its treatment of refugees has been criticized as punitive and aimed at deterring vulnerable people from seeking safety. There have been concerns about the sporadic arrival of unauthorized boats carrying asylum seekers, with the Australian government implementing policies to deter these arrivals, such as transferring asylum seekers to third countries like Nauru and Manus Island. In recent years, Australia has granted thousands of refugee and humanitarian visas, with the majority of recipients coming from countries facing conflict and persecution.
| Characteristics | Values |
|---|---|
| Reason for seeking refuge | Fear of persecution, conflict, environmental degradation, poverty, development, political unrest, gang violence, natural disasters |
| Refugee status | Granted after rigorous process to prove well-founded fear of persecution |
| Asylum-seeking process | Claims for protection under the Refugee Convention, which Australia has signed |
| Australian Government's role | Protect human rights of asylum seekers and refugees, regardless of entry method or visa status |
| Australian Refugee and Humanitarian Program | Began in 1977 and is one of the longest-standing and largest in the world |
| Number of refugee and humanitarian visas granted by Australia in 2023-24 | 20,000 |
| Global refugee statistics | 31.6 million refugees worldwide in 2023; 3.6 million new asylum claims lodged globally in 2023 |
| Australian asylum claims in 2019-20 | 23,266 claims made within Australia; 70,621 claims made from outside Australia |
| Australian asylum claims in 2020-21 | 39,461 claims made from outside Australia |
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What You'll Learn
Australia's Refugee and Humanitarian Program
Australia has been protecting refugees under its Refugee and Humanitarian Program for decades. This program is separate from the country's Migration Program, which includes business, skilled, and family migrants. Australia's resettlement program, which began in 1977, is one of the longest-standing and largest in the world. It has brought hundreds of thousands of refugees to safety in Australia.
The Refugee and Humanitarian Program includes both refugees who are resettled offshore and those who apply once they are in Australia onshore. People who are found to be refugees once they are in Australia are often referred to as 'asylum seekers' while they are waiting for a decision. They make a claim for protection under the Refugee Convention, which Australia has signed.
In 2023-24, Australia granted 20,000 refugee and humanitarian visas under its financial year quota. The majority of these people came from countries where there is conflict, persecution, environmental degradation, poverty, and development issues. It is important to note that 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.
Australia's treatment of refugees has been a controversial topic. There has been concern over the sporadic arrival of unauthorized boats carrying asylum seekers, with some viewing them as "queue jumpers." The Australian government has implemented policies such as transferring asylum seekers who arrive by boat to Nauru and Manus Island in Papua New Guinea for processing under the laws of those third countries. Human rights groups have criticized these decisions, arguing that Australia is turning its back on vulnerable people.
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Australia's obligations to protect human rights
Australia has a strong and proud record on human rights, but this record is not perfect. The country has played an active role in developing the Universal Declaration of Human Rights and the international treaties that followed. Many of these fundamental human rights are reflected in Australia's laws, policies, and programs.
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 arrive with or without a visa. As a party to the Refugees Convention, Australia has agreed not to send people to third countries where they would face a real risk of violation of their human rights. These obligations also apply to people who have not been found to be refugees.
In addition, while asylum seekers and refugees are in Australian territory (or otherwise engage Australia's jurisdiction), the Australian Government has obligations under various international treaties to ensure that their human rights are respected and protected. These treaties include 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).
The CRC imposes obligations on Australia to give all children, including asylum-seeking children, special treatment. The Refugee Convention specifically requires Australia to apply domestic laws that establish border integrity in such a way that persons fleeing persecution for specific reasons will be protected.
Australia has a duty to respect and apply its international human rights obligations to all individuals within its jurisdiction. While the CRC, ICCPR, and the Refugee Convention have not been directly incorporated into Australian law in their entirety, certain provisions of those treaties are reflected in domestic legislation. For example, the Migration Act 1958 (Cth) makes reference to the protection obligations under the Refugee Convention in defining the criteria for a 'protection visa'.
Australia's system of human rights protection can be found in the Australian Constitution and the Constitutions of the states and territories. State and territory governments also have a responsibility to fulfil Australia's human rights responsibilities.
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Australia's controversial immigration detention
Australia has one of the strictest immigration detention regimes in the world. The country has a policy of mandatory immigration detention, which requires the detention of non-citizens without a valid visa or those who have overstayed, breached, or had their visa cancelled. People seeking refuge in Australia often arrive by boat and are then detained in offshore immigration detention facilities on islands like Nauru and Manus Island in Papua New Guinea.
The existence of these immigration detention facilities has been a source of much controversy. They have been criticised by human rights groups and likened to concentration camps by some critics. The indefinite detention of asylum seekers has been a particular point of contention, with the United Nations High Commissioner for Refugees (UNHCR) citing it as a "damning indictment of a policy meant to avoid Australia's international obligations." The Australian government, however, claims that immigration detention is not punitive but an administrative function to process claims and facilitate removal if necessary.
In 2012, the Australian government started transferring asylum seekers who arrived by boat to Nauru and Manus Island, where their protection claims would be processed under the laws of those third countries. This policy, known as the Pacific Solution, was enacted through an amendment to the Migration Act 1958. The policy also included turning back boats where possible. The Supreme Court of Papua New Guinea ruled in 2016 that the detention of asylum seekers on Manus Island was illegal, but the Australian government maintained that the asylum seekers were the responsibility of Papua New Guinea.
The Australian Human Rights Commission has been monitoring and reporting on the conditions in immigration detention facilities for over 20 years. They have investigated complaints about alleged human rights breaches and conducted visits to the facilities. The Commission has called for an end to the system of mandatory detention, citing breaches of Australia's international human rights obligations. Religious, community, and political groups have also opposed the system on humanitarian grounds.
Despite the controversy and criticism surrounding Australia's immigration detention policies, the government has maintained that their actions are necessary to protect the country's borders and enforce immigration laws.
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The journey to Australia
Australia has long been a destination for refugees and asylum seekers, offering protection to those fleeing persecution, conflict, and human rights abuses. The journey to Australia for these individuals is often fraught with danger and uncertainty, as they navigate complex immigration systems and face political pushback in their quest for safety.
The reasons why people seek refuge in Australia are varied. Many come from countries experiencing conflict, persecution, environmental degradation, poverty, or political unrest. Others may be escaping gang violence, natural disasters, or other serious circumstances that threaten their basic human rights and safety. Australia's reputation as a country that upholds democracy, human rights, and the rule of law also attracts those seeking refuge.
The mode of transport to Australia is often by boat, with people embarking on dangerous maritime journeys. This has been a controversial issue in Australian politics, with concerns over unauthorised boat arrivals and the exploitation of vulnerable asylum seekers by people smugglers. The Australian government has implemented various policies over the years to address this, including offshore processing and detention, as well as the controversial "Stop the boats" policy under the Abbott government.
Upon arrival in Australia, asylum seekers face a rigorous process to prove their well-founded fear of persecution and gain refugee status. They may be detained in immigration facilities or released into the community on bridging visas while their claims are assessed. The journey to Australia is often just the first step in a lengthy and uncertain process of seeking refuge and rebuilding their lives in a new country.
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Australia's political response
In the early 1990s, Australia began receiving asylum seekers from Cambodia, and the sporadic arrival of unauthorised boats caused concern among the Australian people. This led to the first detention of boat people. The government at the time, led by Malcolm Fraser, authorised the immigration of more than 50,000 Vietnamese refugees from Indian Ocean refugee camps, and the "open door" immigration policy enjoyed bipartisan support.
However, as the number of asylum seekers arriving in Australia increased, it became a political problem. In 2012, the Australian Government started transferring asylum seekers who arrived by boat to Nauru and Manus Island in Papua New Guinea, where their claims for protection would be processed under the laws of those third countries. This regional processing regime aimed to implement the principle of 'no advantage', meaning that asylum seekers who come to Australia by boat would gain no benefit compared to waiting elsewhere for their claims to be assessed.
The policy was criticised by human rights groups, who argued that Australia was turning its back on vulnerable people. The Greens leader, Christine Milne, called the plan "absolutely immoral". Despite the criticism, the Abbott-led Liberal/National coalition won the federal election in 2013, with the popularity of Abbott's "Stop the boats" slogan playing a significant role in their victory. The Abbott government further clamped down on boat arrivals with Operation Sovereign Borders.
In 2016, the Turnbull government announced a resettlement deal with then US President Barack Obama, where the US agreed to take 1,250 refugees held on Manus Island and Nauru in exchange for Central American refugees coming to Australia. As of February 2019, more than 500 refugees had moved to the US under this deal.
Australia's Refugee and Humanitarian Program, which began in 1977, is separate from the larger Migration Program. It has brought hundreds of thousands of refugees to safety in Australia and is one of the longest-standing and largest resettlement programs in the world. However, Australia has also been criticised for its punitive policies aimed at deterring vulnerable people from seeking refuge in the country.
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Frequently asked questions
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 of a particular social group.
An asylum seeker is a person who has fled their own country and applied for protection as a refugee.
People seek refuge in Australia because of conflict, persecution, environmental degradation, poverty, and development. They may also be influenced by the presence of social networks and historical ties between the countries of origin and destination.
As a party to the Refugees Convention, Australia has agreed not to send refugees back to their country of origin if they face a real risk of violation of their human rights. Australia also has obligations under various international treaties to ensure that the human rights of refugees and asylum seekers are respected and protected while they are in Australian territory.
Australia's Refugee and Humanitarian Program is separate from the Migration Program and has been in place since 1977. It includes both refugees who are resettled offshore and those who apply onshore once they are in Australia. In 2023-24, Australia granted 20,000 refugee and humanitarian visas.
