Area of assistance: Detention

Durable Solutions

I am an asylum-seeker transferred to Nauru or Papua New Guinea

I am in Australian Immigration Detention

Durable Solutions

I am a refugee or asylum-seeker in Australia or New Zealand. Can UNHCR in Canberra resettle me to another country?

UNHCR is not able to resettle (or relocate) refugees, asylum-seekers or failed asylum-seekers from Australia or New Zealand to any other country.

UNHCR’s resettlement programme has limited numbers of places available to it and is geared primarily to the special needs of refugees who have been recognized pursuant to UNHCR’s mandate, and whose life, liberty, safety, health, or fundamental human rights are at risk in the country in which they sought refuge.

Resettlement is primarily used for the protection of refugees in countries of asylum which either do not have legal structures in place for the assessment and protection of refugees, or those in which such structures are ineffective or dysfunctional. Individuals who are not recognized as refugees are generally unable to be considered for resettlement.

Refugees who are in the territory of States with established and functional asylum systems will not meet the criteria for UNHCR resettlement and principal responsibility for their protection rests with the authorities of the host country.

I am a refugee and I wish to be resettled to Australia or New Zealand, but I am outside the countries covered by UNHCR Regional Representation in Canberra. Can UNHCR in Canberra assist me?

If you are in a country outside Australia, New Zealand, Papua New Guinea or the Pacific region, as a general rule, the assessment of resettlement needs is undertaken by UNHCR in your country of asylum.

If you are an asylum-seeker or refugee in one of the Pacific Island countries covered by UNHCR in Canberra, please contact our office (link to contact details)

A list of contact details for UNHCR offices is available at the following website: http://www.unhcr.org/pages/4a324fcc6.html

Resettlement is a solution which is only available to a very small number of refugees. This is because very few resettlement places are available each year. They are, therefore, reserved for the most vulnerable cases only, where refugees are at risk in their country of asylum and are also without any prospects of a safe return to their country of origin. Recognition of refugee status does not necessarily mean that a refugee will be referred for resettlement.

You may wish to consider other avenues by which you may be able to migrate to Australia or Zealand. If you do so, we recommend you seek the assistance of a migration agent/immigration adviser or lawyer.

I am an asylum-seeker who has been transferred from Australia to Papua New Guinea or Nauru. Can UNHCR in Canberra assist me?

The Governments of Australia, Papua New Guinea and Nauru are signatories to the 1951 Refugee Convention. UNHCR has a supervisory role regarding the implementation of the 1951 Refugee Convention by those Governments. UNHCR is not a party to the bilateral transfer arrangements between the Governments of Australia and Papua New Guinea, nor between the Governments of Australia and Nauru and UNHCR is not operationally involved in the assessment of refugee claims of asylum-seekers transferred through those arrangements. The responsibility for the care and protection of asylum-seekers transferred from Australia to Papua New Guinea or Nauru lies with the authorities of the States involved. This includes responsibility for the physical and mental health and welfare of asylum-seekers and refugees, for the processing of asylum claims and for finding durable solutions for those who are found to be refugees.

UNHCR is not a party to the proposed bilateral arrangements between the Governments of Australia and the United States to relocate refugees currently held in Nauru and Papua New Guinea. The full details of the agreement are not yet known, and UNHCR is not operationally involved.

The proposed arrangement reflects a much-needed, long-term solution for some refugees who have been held in Nauru and Papua New Guinea for over three years and who remain in a precarious situation. It is on this basis that UNHCR will endorse referrals made from Australia to the United States, on a one-off, good offices, humanitarian basis, in light of the acute humanitarian situation. UNHCR’s endorsement of these referrals under the humanitarian imperative does not alter Australia’s obligations under international law, including the right to seek asylum irrespective of the mode of arrival.

Unfortunately, UNHCR is not in a position to assist you directly, but can address concerns raised with relevant government authorities and service providers. UNHCR, however, recommends that you also direct enquiries relating to your situation to the relevant government authorities and service providers in Papua New Guinea or Nauru.

I am a refugee and I wish to be resettled to the same country as my family members. Can UNHCR in Canberra assist me?

If you are in a different part of the world and have family members living in Australia or New Zealand, you should consider family reunification or sponsored humanitarian migration avenues that may be available to you outside the UNHCR resettlement programme. Your family members in Australia or New Zealand will be able to seek further advice on programmes such as the Special Humanitarian Programme (Australia), Refugee Family Support Category (New Zealand) and family reunification through the general migration programmes of each country. We recommend that your family members in Australia or New Zealand seek further information from the Department of Immigration and Border Protection (Australia) or Immigration New Zealand, and that they consider seeking independent legal or migration advice. See question 6 for links to registered migration advisers.

With regard to resettlement by UNHCR, assessment of resettlement needs is undertaken by UNHCR in the refugee’s country of asylum and the assessment is based on the difficulties and protection needs faced by the refugees in the country of asylum, as well as the presence of family members in a given resettlement country.

Where UNHCR assesses that resettlement is required, please note that refugees are asked for their consent to engage in the process, but are not entitled to choose the country to which they are referred.

UNHCR strongly supports the principle of family unity, especially as regards nuclear and dependent family members, and seeks to keep family members together wherever possible. Where resettlement is needed and where UNHCR has been informed by the refugees of their family links to a given country, this information will be taken into account. There are a number of reasons, however, why it may not always be possible for UNHCR to refer all members of an extended family to the same resettlement country.

I am an asylum-seeker transferred to Nauru or Papua New Guinea

I am an asylum-seeker who has been transferred to Nauru or Papua New Guinea and I wish to make a complaint about the conditions of my detention. Can UNHCR in Canberra assist me?

UNHCR is not in the position to investigate individual complaints regarding the conditions of a person’s detention.

UNHCR has a supervisory role regarding the implementation of the 1951 Refugee Convention in Nauru and Papua New Guinea. As part of this supervisory role, UNHCR visited the detention facilities at Nauru and Papua New Guinea to monitor their compliance with international standards. Click here to view UNHCR’s reports.

You may wish to contact the Commonwealth Ombudsman regarding your concerns. Contact details for the Commonwealth Ombudsman are as follows:

Phone: 1300 362 072 (calls from mobile phones at mobile phone rates)
Fax: (02) 6276 0123
SMS: 0413 COM OMB (0413 266 662) (standard carrier rates apply)
Email: ombudsman@ombudsman.gov.au
Postal: GPO Box 442, CANBERRA ACT 2601

You may also consider contacting the Australian Human Rights Commission (AHRC) Complaint Handling Section. Contact details for the AHRC are as follows:

Phone: 1300 656 419 (local call) or (02) 9284 9888
TTY: 1800 620 241 (toll free)
Fax : (02) 9284 9611
Email : infoservice@humanrights.gov.au

I am in Australian Immigration Detention

I am in immigration detention in Australia. Can UNHCR in Canberra assist me?

UNHCR is not in a position to review individual asylum claims in Australia.

UNHCR is also not in a position to investigate individual complaints regarding conditions of detention. UNHCR does, however, visit Australia’s immigration detention centres to monitor whether the treatment of asylum-seekers in detention is in accordance with international standards, and provides recommendations to the Australian Government in this regard.

You may wish to contact the Australian Human Rights Commission (AHRC) if you have concerns regarding conditions of detention. Contact details for the AHRC are as follows:

Phone: 1300 656 419 (local call) or (02) 9284 9888
TTY: 1800 620 241 (toll free)
Fax: (02) 9284 9611
Email: infoservice@humanrights.gov.au

You may also wish to contact the Commonwealth Ombudsman, which has responsibility for investigating such concerns. Contact details for the Commonwealth Ombudsman are as follows:

Phone: 1300 362 072 (calls from mobile phones at mobile phone rates)
Fax: (02) 6276 0123
SMS: 0413 COM OMB (0413 266 662) (standard carrier rates apply)
Email: ombudsman@ombudsman.gov.au
Postal: GPO Box 442, CANBERRA ACT 2601

I am a refugee in immigration detention in Australia due to an adverse security assessment. Can UNHCR in Canberra assist me?

The Government of Australia is a signatory to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, and has undertaken to adhere to international standards regarding the protection of refugees. UNHCR has a supervisory role with regard to the implementation of the 1951 Convention in Australia. There is no established process for refugees to be resettled (or relocated) out of Australia.

Although UNHCR is deeply concerned by the prolonged detention of asylum-seekers and refugees in Australia, you are subject to the laws of Australia and may continue to be subject to immigration detention while the Government of Australia finds a solution for you.

UNHCR is involved in on-going discussions with the Government of Australia in relation to the measures being taken to resolve cases where recognized refugees have received adverse security assessments.

IMPORTANT DISCLAIMER: The information presented in this website is general in nature and may not be applicable in particular circumstances. We advise you to contact UNHCR’s Regional Office in Canberra for further advice and/or assistance regarding specific issues or needs you may have.