Australia's Offshore Processing of Asylum Seekers: a Way around the Convention?

Abstract

This research paper examines Australia’s policy and legislation for offshore processing for certain asylum seekers, and the implications this mode of processing has under the United Nations Convention Relating to the Status of Refugees. It discusses Australia’s other policy settings which operate in tandem with offshore processing, namely mandatory detention and the two-tier system where those who arrive at Australia’s outer islands are processed differently from other asylum seekers. The paper explores the current political stalement in Australia in respect of offshore processing and looks at likely future policies. It finds that offshore processing, depending on the way it is implemented and which practices accompany it, may breach the Convention. The paper finds Australia’s offshore processing under the Pacific Strategy resulted in poor outcomes, including apparent refoulement of some asylum seekers, and that the sufficient safeguards have not been put in place to adequately ensure that Australia will not risk a breach of its obligations in future arrangements. This paper concludes that, if the Australian government remains committed to offshore processing, it should develop a comprehensive, sustainable approach, with sufficient protections for asylum seekers, in a way that is more aligned with the underpinning principles of the Convention.