Recommendation 274

Ensure that asylum seekers have access to legal assistance during the process and adopt measures, together with third countries, so that conditions in the processing centres in countries with which Australia has agreements, are in conformity with international laws and standards

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State
Uruguay
Issue
Immigration and border protection
Immigration detention
Conditions in detention
Population group
Migrants, refugees and asylum seekers
Australian Government Agency and/or Jurisdiction
  • Department of Home Affairs
Australia's Response
Notes
Australia's Position

The Government of Papua New Guinea (PNG) closed the Manus Regional Processing Centre on 31 October 2017. Regional processing continues in Nauru; and operates within the jurisdiction of Nauru, subject to its laws.

Under respective arrangements with the Australian Government, the Governments of Nauru and PNG have committed to treating asylum seekers with dignity and respect and in accordance with relevant human rights standards. Nauru and PNG have further provided assurances in relation to the assessment of transferees' protection claims and compliance with non-refoulementobligations. Both countries are also signatories or parties to a number of international human rights treaties, including the Refugees Convention and the International Covenant on Civil and Political Rights.

Asylum seekers have access to independent legal advice to assist the lodgement of their protection claims.

Regional processing arrangements is subject to independent scrutiny by the Office of the United Nations High Commissioner for Refugees, Office of the United Nations High Commissioner for Human Rights, and International Committee of the Red Cross.