Recommendation 277
- Department of Home Affairs
Regional Processing Arrangements
The Australian Government remains committed to its strong border protection policies – including the policy not to offer resettlement to people who come to Australia illegally by boat. These policies have enabled us to secure our borders and break the business of people smugglers. Australia implements these policies in compliance with our international obligations.
Arrangements within PNG and Nauru are a matter for the respective governments of those countries.
The Australian Government cooperates with our regional partners to resolve the shared challenge of people smuggling and irregular migration. Regional processing, among other policies, has reduced illegal maritime travel to our region and prevented people from risking their lives at sea.
Immigration detention within Australia
Detention policy within Australia is an entirely separate matter, subject to Australian law.
Australia does not have a "policy of mandatory detention of refugees, stateless persons and migrants". Since 2008, Australian Government policy has required that held detention be a last resort for the management of unlawful non-citizens who have not yet been granted permission to arrive or stay in Australia. Unlawful non-citizens will be detained until the assessment of health, identity and security risks which they present to the Australian community are resolved. These assessments are completed as expeditiously as possible to facilitate the shortest possible timeframe for detaining people in immigration detention facilities. This principle of last resort is not formally codified, other than in respect of minors in section 4AA of the Migration Act 1958(Cth).
The vast majority of asylum seekers have access to independent merits review of decisions to refuse visa applications by the Administrative Appeals Tribunal or, in certain circumstances, by the Immigration Assessment Authority. All asylum seekers also have a constitutional right to seek judicial review of migration decisions. People in immigration detention may seek judicial review of the lawfulness of their detention, and request or refuse consular access or legal representation at any time.