Offshore detention of refugees is legal according to Australia’s High Court

The High Court of Australia in the capital territory of Canberra ruled that the commonwealth's decision to detain refugees in the South Pacific island of Nauru is within legal bounds. The ruling was made despite criticisms made by rights groups and the United Nations regarding the harsh living conditions in the offshore detention facility.

The island of Nauru is situated about 4,496 kilometers from Australia. Although it is regarded as a self-governing country, Australia holds administrative responsibilities over the island through an international agreement.

Due to the influx of refugees seeking asylum in Australia, the country has decided to detain them in the island. However, this move was challenged by the legal representatives of a Bangladeshi refugee who claimed that the Australian government does not have the constitutional power to transfer and hold over 1,400 people in Nauru, CNN reported.

The United Nations Children's Fund or UNICEF supported the claims and added that by detaining the refugees in an offshore facility, the Australian government is abandoning its moral responsibilities over the welfare of the migrants.

"It is unreasonable for the Australian government to shift responsibility for this group of children and families with complex needs to a developing state in the region," UNICEF said in a statement, according to Al Jazeera.

The government, on the other hand, led by Prime Minister Malcolm Turnbull, praised the court's decision and said that the ruling will help the commonwealth ensure the border security of the country. In addition, he noted that establishing an offshore detention facility will be able to deter asylum seekers from risking their lives by voyaging from other countries to Australia.

Through the ruling, the government will now be able to legally deport over 260 refugees currently in Australia back to Nauru, VOA News has learned. These people, including the Bangladeshi refugee who raised the legal issue of the facilities in the island, were temporarily brought in to Australia for medical treatments.

Tags

Nauru Island, Nauru Detention Center, Nauru Refugees, asylum seekers, High Court of Australia, Australian Government

© 2023 Lawyer Herald All rights reserved. Do not reproduce without permission.