Australia has a long history of providing new homes to some of the world’s most persecuted and vulnerable people. However, these achievements — of which Australians can be rightly proud — continue to be overshadowed by our current treatment of people seeking asylum. 1/12

The 2013 and 2017 Snapshot Reports reveal a significant gap between Australia’s human rights obligations under international law and its treatment of refugees and people seeking asylum, particularly those who arrive by boat. 2/12

The overall policy settings for people who arrive in Australia by boat remain. Australia maintains a policy of mandatory immigration detention for unlawful non-citizens, regardless of whether they pose a risk to the community. 3/12

People who are detained cannot seek judicial review of whether or not their detention is arbitrary, and there is no limit on how long they can be detained. Despite repeated recommendations from the Commission, no changes have been made. 4/12

Many people continue to face indefinite detention for prolonged periods of time. For asylum seekers who are released from detention into the Australian community, maintaining an adequate standard of living remains a challenge. 5/12

Non-refoulement is one of the most basic principles of international human rights law. It seeks to ensure people will not be returned to a situation of danger. All states are expected to respect this international law regardless of which treaties they have ratified. 6/12

Since 2013, the Commission has become increasingly concerned about a range of policies which increase the risk of refoulement. The continuation of screening processes which do not provide a fair or thorough assessment of protection claims; 7/12

Turnbacks of boats carrying people seeking asylum; substantial changes to the refugee status determination process; and restrictions on access to free legal advice, could all lead to breaches of Australia’s non-refoulement obligations; 8/12

Nauru and Papua New Guinea’s Manus Island continues to raise human rights concerns. Inadequate pre-transfer assessments and the variable quality of refugee status determination processes create a risk of refoulement; living conditions remain below international standards. 9/12

There are increased safety concerns, for physical and sexual assault; and durable solutions for people found to be refugees have proven difficult to find. These factors impact physical and mental health. There is also a need to improve independent monitoring. 10/12

For refugees who arrived in Australia by boat or without visas and have been permitted to settle in Australia, some are eligible for temporary protection only, and do not have access to the same support services and entitlements as refugees on permanent humanitarian visas. 11/12