Submission to the Senate Inquiry into Offshore Processing and Resettlement Arrangements
Concerns raised include fair process, international law, family separation, impact on host society
The National Council of Churches in Australia (NCCA) and the Australian Churches Refugee Taskforce (ACRT), in a joint submission to the Senate Inquiry into Offshore Processing and Resettlement Arrangements, are highly critical of the scheme which is “ill-conceived” and
“appears to squander government revenue”.
In the submission we address the Senate Committee’s terms of reference which focus primarily on payments, value for money and the integrity of the offshore processing and resettlement arrangements. However, our overriding concern is for the human dignity and inherent human rights of the individuals being sent offshore.
The joint submission says that the well-founded concerns about Australian Government payments to the Government of Nauru and to contractors and sub-contractors for the offshore processing and resettlement arrangements “must be considered in a more fundamental moral context of concerns about the rule of law, fair process, refoulement and international law, family separation, impact on Nauruan society, punishment and rehabilitation. Well documented failures in these areas undermine any possibility of integrity of the offshore processing system, resettlement arrangements and value for money outcomes.
While we acknowledge the complex challenges faced by the Australian Government and legislators, we call for a calm and transparent approach to refugee and asylum policy—one that avoids forced deportations, protects families, and upholds Australia’s international obligations.
The NCCA and ACRT respectfully urge the Senate Committee to recommend to the Australian Government to suspend all transfers to the Pacific Island country of Nauru pending an independent Australian Federal Police and/or AUSTRAC investigation into allegations of corruption and criminal involvement in offshore processing and resettlement arrangements.
We recommend a comprehensive review of Australia’s offshore processing and resettlement arrangements, in collaboration with UNHCR and/or similar international organisations, civil society organisations, churches and affected communities; with a view to ending offshore ‘for profit’ processing and resettlement arrangements.
We ask the Australian Governmentto ensure those subject to offshore detention orders have access to due process, that is fair, robust and timely for assessing the protection claims of people seeking protection in Australia, including merits review and judicial oversight, for all individuals subject to removal or transfer decisions.
We call on the Australian Government to legislate safeguards to protect against arbitrary and indefinite detention in Australia and offshore; including for those whose visas were cancelled but cannot return to their country of origin due to risk of persecution or refusal of states to admit them.
The joint submission also calls on the Australian Government to avoid policies that result in permanent family separation, by removal of a family member from Australia, particularly where Australian citizen children and/or elderly parents are affected.
We propose that the Australian Government examine investment in alternatives to offshore processing and resettlement arrangements that have proven in other countries, including New Zealand, to be more cost effective and represent better value for money.
In conclusion, the joint submission urges the Senate Legal and Constitutional Affairs Committee to ensure that offshore processing and resettlement arrangements reflect both our legal responsibilities and our moral commitments ‘to act justly, to love mercy and to walk humbly with our God.’ (Micah 6:8b)