Externalisation of Migration and the Impact on the Human Rights of Migrants

The Australian Human Rights Commission has made a submission to the United Nations Special Rapporteur on the human rights of migrants, ahead of his forthcoming report to the UN General Assembly on the externalisation of migration and its impact on migrant rights.

This submission outlines the Commission’s serious concerns regarding Australia’s externalisation policies, including offshore processing, boat turnbacks and third-country deportation arrangements. These policies have led to significant human rights violations, including arbitrary detention, inadequate living conditions and the risk of refoulement.

Key issues addressed include:

• Offshore Processing: The transfer of asylum seekers to Nauru and Papua New Guinea has resulted in prolonged and arbitrary detention, poor living conditions and limited access to essential services.
• Boat Turnbacks and Takebacks: Since 2013, Australia has intercepted and returned boats carrying asylum seekers, often without adequate screening or proper safeguards, raising serious concerns about compliance with international law.
• Third-Country Deportation Arrangements: In response to the High Court’s NZYQ decision, the Government has introduced new deportation policies that attempt to outsource Australia’s international obligations.

The Commission urges the Special Rapporteur to recommend that States:

• Shift from externalisation and deterrence-based policies to rights-based asylum policies
• End offshore processing and ensure fair asylum procedures on State territory
• Guarantee asylum procedures and safety at sea in line with international law.

Australia should lead by example on the global stage, upholding its international obligations and promoting the protection and humane treatment of all migrants and refugees.

To learn more, download and read the full submission.