"BY INVITATION ONLY"

AUSTRALIAN ASYLUM POLICY

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I. SUMMARY

II. CONCLUSIONS AND RECOMMENDATIONS

III. OVERVIEW: REFUGEES' PATH OF FLIGHT TO AUSTRALIA

Flight from persecution at home
No sanctuary in their regions of origin
"Secondary movement" in search of "effective protection"
Interception and expulsion by Australia
Conclusion

IV. WHY REFUGEES FLEE THEIR OWN REGIONS

Deteriorating refugee protection
Iran
Pakistan
Jordan and Syria
Conclusion
Limited opportunities for authorized resettlement from regions of origin
Resettlement to Australia
Access to resettlement from the Middle East
Conclusion

V. EXPERIENCES AND CHOICES DURING FLIGHT

Vulnerability at the hands of people-smugglers
Choice of route and destination

VI. WHY REFUGEES DO NOT REMAIN IN TRANSIT COUNTRIES

Access to protection in Malaysia
Access to resettlement from Malaysia
Access to protection in Indonesia
Access to resettlement from Indonesia
Conclusion

VII. MEASURES USED BY AUSTRALIA TO DETER "UNINVITED" REFUGEES

Introduction: deterrents and penalties
Deterrents
Penalties
Interceptions at sea
Unnecessary use of force aboard "SIEV 5"
Inhuman conditions of detention aboard "SIEV 7"
Denial of allegations by Australian government
Conclusion
Return of asylum seekers to Indonesia
Lack of "effective protection" following return
IOM as Australia's agent in Indonesia
Concerns regarding IOM assistance
Role of UNHCR
Concerns regarding UNHCR determinations and protection
Lack of durable solutions
Conclusion
Detention of asylum seekers in Pacific states
Nature of arrangements
Export of arbitrary detention
Concerns regarding refugee status determination procedures
Lack of durable solutions
Conclusion
Mandatory detention of asylum seekers in Australia
Detention as a penalty
Violations of Australia's human rights obligations
The future of detention in Australia
Withholding rights and solutions: Temporary Protection Visas
Hierarchy of refugee protection in Australia
Terms and conditions of Temporary Protection Visas
Expiry and the prospect of forced return
Conclusion

VIII. FUTURE DIRECTIONS

Weakening commitment to international law
Retrenchment to minimal obligations
Need for increased accountability of IOM and UNHCR
Support for countries of first asylum and transit

IX. ACKNOWLEDGMENTS .