Google AI


Modern Australian

Aus-NZ refugee deal is a bandage on a failed policy. It's time to end offshore processing

  • Written by: Natasha Yacoub, International refugee lawyer and scholar, UNSW Sydney

Australia has finally accepted New Zealand’s offer to settle some of the refugees from the offshore processing regime – about nine years after it was first made in 2013.

The NZ deal will provide certainty for 450 people who have been in limbo, many for more than a decade.

But in the March 24 announcement, Home Affairs Minister Karen Andrews made clear the deal does not change Australia’s hard-line approach.

This makes the deal a bandage on a failed policy that continues to haemorrhage cash, destroy lives and erode the international system for refugee protection.

Read more: Morrison government finally accepts deal with New Zealand to resettle refugees

Who is – and isn’t – included in the NZ deal?

The original offer, made by the then NZ Prime Minister John Key in 2013, was refused by the Australian government until now. The Coalition government claimed the deal could be a “pull factor” for asylum seekers coming by boat to Australia.

Under the agreement, NZ will settle up to 150 of Australia’s “offshore processing” refugees per year for three years. These refugees arrived in Australia by sea between 2012 and 2014 and were sent to Nauru or Manus Island “offshore processing” detention centres.

The deal can include the 112 people who are in Nauru or those temporarily in Australia under offshore processing arrangements.

Some 1,100 people have been returned temporarily to Australia, mostly for medical treatment. They mostly live in the community with no support and insecure visa status but some remain in detention.

Those already being considered for settlement to another country, such as the United States or Canada, aren’t eligible for the NZ program.

More than 100 men who remain in Papua New Guinea aren’t included in this deal.

Under current known arrangements, people remaining in PNG could be referred by the United Nations High Commissioner for Refugees to NZ through its regular refugee programme.

Even after the NZ and US options are exhausted, it’s estimated at least 500 refugees will be without a solution.

And they’re not the only ones. There are some 30,000 people in what’s called the “legacy caseload” who arrived by sea between 2012 and 2014 and weren’t transferred to Nauru and PNG. They remain in Australia subject to harmful measures. They’re stuck in limbo on temporary visas, unable to reunify with family members, and receive inadequate support to secure housing or health care.

Australia distorts the global refugee system

Australia has primary responsibility for refugees who seek its protection. The Australian government has repeatedly tried and failed to find countries willing to settle refugees it refuses to protect. It reportedly offered multiple countries, from the Philippines to Kyrgyzstan, millions of dollars to settle refugees from Australia’s offshore camps – without success.

Resettlement to a third country is an important solution, available to less than 1% of refugees globally whose lives, liberty, safety, health or other fundamental rights are at risk in the country where they have sought refuge. This isn’t the case for refugees seeking asylum in Australia, where there’s a well-established asylum system.

It’s difficult to think of the NZ solution as “resettlement” in its true meaning.

Resettlement places are important to relieve pressure on developing countries that host almost 90% of the world’s refugees. Conflicts in Syria, Yemen, Myanmar, South Sudan, Afghanistan, plus now Russia’s invasion of Ukraine, have created a need for resettlement in a third country for almost 1.5 million refugees worldwide. Resettlement has been disrupted over the last two years due to COVID, leaving even more people in urgent need.

Under these extraordinary “refugee deals” with the US and NZ, the Australian government is trying to solve a political problem of its own making at the expense of people in desperate need.

Like Australia, the US and NZ offer only a limited number of resettlement spots each year. When these spots go to Australia’s refugees, who are Australia’s responsibility, someone else misses out.

Continuing damage

This is Australia’s second go at offshore processing. Its first iteration, the “Pacific Solution”, lasted from 2001 until 2008. The second commenced in 2012 and continues.

Offshore processing remains costly. Australian taxpayers have spent, on average, around A$1 billion per year to maintain offshore processing since 2014.

This is despite a dramatic drop in the number of people held in Nauru and PNG. At the peak in April 2014, Australia detained a total of 2,450 people. By December 2021, there were 219 people remaining offshore in Nauru and PNG.

People transferred to Manus Island and Nauru suffered mandatory and indefinite detention in harsh conditions. Their treatment has been called out by the United Nations repeatedly as cruel and inhuman and described by Amnesty International as torture.

The abuse of men, women and children in offshore processing centres has been thoroughly documented in a communiqué to the International Criminal Court, parliamentary inquiries and domestic legal challenges.

Australia’s offshore processing sets a bad regional precedent for refugee protection in Southeast Asia and beyond.

The policy objective of using cruelty as a deterrent to “stop the boats” and “save lives at sea” didn’t work. If boats didn’t arrive, this was due to Australia’s interception and turnback of boats at sea.

What needs to change?

Refugee policy can be principled and driven by compassion while protecting borders and respecting international law.

Australia should formally end offshore processing. The small number of people still held offshore in Nauru and PNG should be transferred back to Australia.

Everyone who has been subject to the policy since 2012 who doesn’t have a permanent solution could be offered settlement in Australia. This occurred in the first iteration of offshore processing and could happen again.

Money and lives can be saved.

Authors: Natasha Yacoub, International refugee lawyer and scholar, UNSW Sydney

Read more https://theconversation.com/aus-nz-refugee-deal-is-a-bandage-on-a-failed-policy-its-time-to-end-offshore-processing-180241

Breach of Contract in Business: What Are Your Options?

Contracts are essential to business relationships. They establish expectations, allocate responsibilities and provide a framework for delivering goods...

How Pest Control Companies Can Rank for the Problems Customers Search First

Introduction SEO for Pest Control needs to start with the customer’s problem. Most people do not search for pest services in a neat or technical wa...

What Are the Benefits of Renovating an Older Home in Sydney?

Sydney has plenty of character homes, from Federation cottages to mid-century brick homes. Renovating rather than rebuilding can preserve what makes t...

Pool and Deck Design: How to Plan the Perfect Outdoor Living Space for Your Sydney Home

For many Australians, the backyard is where life happens. Summer barbecues, weekend swims and long evenings outdoors are all part of the lifestyle, ...

Is Solar Pool Heating Worth It? What Sydney Homeowners Should Know

There's nothing quite like a backyard pool on a hot Sydney day. But once autumn rolls in, many pools sit unused for months because the water is simp...

Planning a Luxury House Move: A Week-by-Week Timeline for Prestige Sydney Homes

Selling or buying a prestige home is a major milestone. Whether it's a waterfront residence in Birchgrove, a grand Federation home in Haberfield or ...

Downsizing or Upgrading Your Caravan? Here's How to Sell It Without the Hassle

Selling a caravan can feel like a major task, especially when you are unsure about its value, paperwork, or how to find a buyer. Whether you are dow...

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Metal Fabrication: Choosing Metal Fabrication Melbourne Services for Custom Projects

What Modern Metal Fabrication Involves From individual components to complete structures, metal fabrication brings together processes such as desig...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Full-Height vs. Pop-Top Caravan: Which Is Better for Family Travel across WA?

A pop-top caravan is an excellent choice for travellers who want the comfort of a caravan without committing to a larger, bulkier setup. With a lowe...

Bottle Label Printing: Key Factors for a Professional Finish

Why the Printing Method Matters When businesses need packaging or printed containers developed for a particular application, the right supplier can m...

Virtual Livestock Fencing and GPS Tracking: Improving Visibility Across Cattle Properties

What Virtual Livestock Fencing Means for Modern Cattle Management Managing cattle across extensive properties requires more than knowing where anim...

Sydney Pawnbrokers Explained: How Hocking Your Car Actually Works

Sometimes you need cash, and you need it soon. If you own a car, you may already have a way to get it. That's what people mean when they say they've...

Moving Interstate from the Gold Coast to Brisbane (or Back)? What Removalists Wish You Knew First

Have you talked to anyone who’s done the move? They say the same thing: the drive up the M1 is the easy part. It's everything around it that catches...

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...