UN Refugee Agency shows "deep concern" over Australia migrant policy

(Vatican Radio) The UN Refugee Agency (UNHCR) on Wednesday said it is following with deep concern Australia’s recent policies and practices of interception at sea, detention and removal of individuals who may be seeking Australia’s protection.

The agency’s main concern was the application of non-refoulement obligations - that is, Australia’s obligation not to return an individual to persecution or other serious harm when intercepting a vessel outside its territorial waters.

When vessels presumed to be carrying asylum-seekers are intercepted, or where there are indications that those on board intend to apply for asylum should they have the opportunity to do so, UNHCR’s position is that they must be swiftly and individually screened, in a process which they understand and in which they are able to explain their needs.

The Agency said such screening is best carried out on land, given safety concerns and other limitations of doing so at sea. It added that if protection issues are raised, their cases should be properly determined through a substantive and fair refugee status determination procedure on the territory of the intercepting State to establish whether any one of them may be at risk of persecution or other serious human rights violations. 

The UN agency said this remains the case even when bilateral or multilateral transfer arrangements are involved.  Anything short of such a screening, referral and assessment may risk putting already vulnerable individuals at grave risk of danger.

On a more general level, UNHCR said it appreciates actions taken by the Australian Government to save lives in rescue-at-sea operations and its willingness to work with UNHCR and other States to develop a regional approach to maritime movements, and urged renewed efforts towards the development of viable regional alternatives to potentially dangerous journeys by sea for asylum-seekers, refugees and stateless persons.