Offshore processing

Letter to the Editor - The Age
23 December 2003

Dear Sir/Madam

Arnold Zable (Hungry for an act of humanity 23/12/03), presents a number of inaccuracies and misinformation about offshore processing. Of particular concern however, are his views regarding the processing of the failed asylum seekers on Nauru.

Australia's primary obligation under the Refugees Convention is not to refoule (return) a refugee, either directly or indirectly, to a country where they have a well-founded fear of persecution for a Convention ground.

To ensure fair and effective refugee assessment procedures, Australia has developed a system for processing claims for protection from asylum seekers in Nauru that is modelled closely on the refugee determination process of the UNHCR.

Those found not to be refugees were able to exercise the right to appeal this assessment and request a review of the refugee status assessment made on their claims.

At each stage of the process asylum seekers who were found not to be refugees were fully informed of their options with the assistance of accredited interpreters where applicable. For example, the right to a full merits review of the decision that they were found not to be a refugee, the availability, where appropriate, to a reintegration package, the availability of assistance in obtaining travel documents to return voluntarily to their homeland and the availability of a counselling service.

In line with procedures adopted by the UNHCR, publicly funded migration or legal assistance is not required. This does not preclude an asylum seeker from making their own arrangements for assistance with the preparation and lodgment of their claims.

It should also be noted that the number of those people granted refugee status by the Australian Government was in line with the number of grants by the UNHCR.

Finally, it is open to failed asylum seekers to depart voluntarily at any time and many have done so, some with generous reintegration packages. According to the UNHCR's own website, over 2.5 million Afghans have returned to Afghanistan since March 2002, many with its assistance.

Kym Charlton
Acting Director
Public Affairs
DIMIA