Inquiry into offshore processing and resettlement arrangements
4 March 2026
On 13 February 2026, the Law Council provided a submission to a Senate inquiry into Offshore Processing and Resettlement Arrangements. The submission was primarily concerned with the issue of potential refoulement of people to whom Australia owes protection obligations, by countries (including Nauru) with which Australia has offshore processing and resettlement arrangements. This matter falls within paragraph (b) of the inquiry’s Terms of Reference.
Our submission noted the Law Council's position that offshore processing must accord with Australia's international human rights and refugee law obligations. There is considerable evidence, including decisions of UN human rights treaty bodies, that the rights of persons subjected to offshore processing are not in fact upheld. It recommends that Australia does not remove persons to whom it owes protection obligations to a third country (such as Nauru) in the absence of clear, enforceable guarantees against refoulement by that country, and that independent monitoring and safeguards be mandated in relation to any such arrangements.
The submission also notes specific concerns relating to evidence before Parliament, in the form of an interview given by President Adeang of Nauru and read into Hansard, regarding treatment of members of the NZYQ cohort in Nauru. The submission recommends the publication of the Memorandum of Understanding between the Australian Government and the Republic of Nauru as the current lack of transparency impedes proper parliamentary scrutiny of the arrangements.
Last Updated on 03/03/2026