Offshore Processing Problem Scenario

LAWS5079 Refugees and Migration

Imagine you are a registered migration agent who can legally provide immigration advice. Ali, a 14 year old Afghani boy contacts you from Nauru. He tells you that he was intercepted at sea by the Australian government and was transferred to Nauru last week.

a) Ali wants to know if the Australian government is permitted to transfer him to Nauru. Refer to the relevant sections of the Australian Migration Act for your answer.

b) Ali thinks that his treatment is outrageous and wants to challenge it in the courts. He wants to know if there are any High Court cases that deal with Australia's policy of transferring and/or detaining asylum seekers and refugees on Nauru, and whether they may help him get out of his current situation.

c) What about international law? Advise Ali as to whether the actions taken against him by Australia may violate the Refugee Convention, the Convention against Torture, the International Covenant on Civil and Political Rights or the Convention on the Rights of the Child. Are there any forums in which Ali can pursue his claims for any potential breaches?