On Thursday night, the Australian government passed new laws that expand the country’s offshore detention regime, further evade international obligations, and allow officials to pursue prison terms for people who resist deportation, including asylum seekers. These laws undermine the core principles of refugee protection and mark an escalation in Australia’s existing mistreatment of refugees, migrants, and asylum seekers.
The legislation was introduced through three bills: the Migration Amendment (Removal and Other Measures) Bill, the Migration Amendment Bill, and the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill.
Under the new laws, the government now has the authority to pay third countries to accept noncitizens, including recognized refugees. Contrary to international standards, the laws do not require these countries to be parties to the Refugee Convention, nor do they include adequate safeguards to protect refugees from harm or detention abroad, or refoulement to countries where they may face persecution.
A recent Senate inquiry into the legislation found that 80,000 noncitizens could be susceptible to deportation under the laws.
The Migration Amendment (Removal and Other Measures) Bill grants authorities the power to seek prison sentences of one to five years for previously recognized refugees whose status has been revoked or for individuals whose asylum claims have been rejected, if they refuse to cooperate with deportation efforts. This effectively treats administrative violations as criminal offenses.
The laws also expand the Australian immigration minister’s existing powers to reverse immigration decisions and strip people of their recognized refugee status. Human Rights Watch and other groups previously raised concerns that the new legislation risks violating the principle of non-refoulement under the Refugee Convention, that is the prohibition on returning people to face threats to their lives or freedom.
The laws also authorize the government to ban visas from countries that do not accept involuntary removals.
Broad powers have also been granted to immigration detention authorities to search detainees and seize their phones under the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill. Australia’s Human Rights Commission has raised concerns that this could allow for blanket phone bans being imposed.
Human Rights Watch has long documented Australia’s mistreatment of refugees. However, these laws mark a new low and risk further undermining the country’s obligations under international law. Rather than reinforcing a system that criminalizes and punishes refugees and asylum seekers, Australia should take a rights-respecting approach, end its offshore detention regime, and invest in detention alternatives.
