Externalisation of Migration Governance: New Trends and Specific Aspects
The Commission has made a submission to the UN Special Rapporteur on the human rights of migrants.
Submission summary
- Submitted date: 9 January 2026
- Subject: Refugees and Migration
- Department / Committee: United Nations Submissions
- Submitted to: United Nations
The Commission has made a submission to the UN Special Rapporteur 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 for his next report to the UN Human Rights Council on the externalisation of migration governance: new trends and specific aspects.
The Commission’s submission raises serious and growing concerns about the human rights impacts of Australia’s new arrangements with Nauru, including the start of removals there. It also raises concerns about new laws that strip procedural fairness for some migrants before a decision is made about their deportation to a third country.
The submission emphasises the urgent need for transparency, independent monitoring and oversight to ensure accountability, uphold Australia’s human rights obligations and prevent harm to people affected by these policies.
The Commission urges the Special Rapporteur to recommend that:
- Migration laws and policies uphold human rights, with robust procedural fairness safeguards, transparency and independent oversight
- States avoid outsourcing their international responsibilities, and instead invest in community-based programs that promote safety, integration and rehabilitation
- Before entering into migration agreements, States assess and reduce harmful impacts on partner countries, ensuring consistent promotion of accountability and the rule of law at home and abroad.
To learn more, download and read the full submission.