what law/s in australia allow for the government to process asylum seekers or refugees that come into australia offshore?

1 answer

The government of Australia processes asylum seekers or refugees that arrive by boat through the following laws:

1. The Migration Act 1958, specifically the Migration Amendment (Regional Processing Arrangements) Act 2012, which allows for offshore processing and resettlement of asylum seekers in third countries.

2. The Migration Regulations 1994, which outline the procedures and criteria for processing asylum claims and refugee status determination.

3. The Migration (IMMI18/084: Regional Processing Arrangements - Updates to Policy and Procedure Guidance) Instrument 2018, which provides further guidance on the regional processing arrangements for asylum seekers and refugees.

These laws and regulations allow the Australian government to detain and process asylum seekers offshore, particularly in Papua New Guinea and Nauru, before determining their refugee status and considering resettlement options.