this product is unavailable for purchase using a firm account, please log in with a personal account to make this purchase.

Save on CPD.

LIV members enjoy discounts on all professional development.

Join Now
Select from any of the filters or enter a search term

Australia’s legal community urges PM to end offshore detention

Australia’s legal community urges PM to end offshore detention

By Kerry O'Shea

Child Welfare Human Rights Justice 


Australia’s legal community has called on Prime Minister Malcolm Turnbull to end offshore immigration detention and bring all asylum seekers and refugees back to mainland Australia.

In an open letter  to Mr Turnbull, almost 50 law firms, representative bodies, legal associations and jurists strongly advocate for the end of offshore detention and call on the government to bring all asylum seekers in regional processing facilities to the mainland to have their claims properly processed.

The letter calls for the 267 asylum seekers at the centre of a recent unsuccessful High Court bid, who are now at risk of being sent to offshore processing centres, to remain in Australia.

“As a legal community, we have serious concerns about sending people to offshore processing centres. We are concerned that the current offshore detention regime undermines a core principle of the rule of law: that of access to justice. We remain concerned that those in offshore processing centres are being denied this fundamental right.”

The letter states that community legal organisations, legal bodies and associations have repeatedly raised concerns about access to justice for asylum seekers with the government over many years. The letter is endorsed by every specialist refugee legal centre in Australia.

“Despite our combined advocacy, it remains difficult for Australian lawyers to visit asylum seekers and refugees on Nauru or Manus Island to provide advice and representation… the Australian government is deliberately transferring these vulnerable individuals to a place where it is difficult to obtain adequate legal advice.”

The signatories also express concerns about allegations of sexual assault made by asylum seekers and refugees on Nauru not being properly investigated by the Nauruan authorities.

“We are gravely concerned about sending women and children to places where the Australian government cannot guarantee their protection under the law from physical violence,” it says.

“This lack of access to justice for individuals sent to offshore processing centres is contrary to our international law obligations… International standards require that asylum seekers be provided adequate legal assistance to make their claims.”

The letter was initiated by Nicki Lees, a social justice lawyer at Maurice Blackburn.

Ms Lees said Maurice Blackburn was acting for six of the 267 individuals at risk of return to Nauru.

“It is clear that Nauru and Manus Island are not appropriate environments to be sending asylum seekers who have sought our protection,” she said. “The urgent need to close regional processing centres on Nauru and Manus Island is a view widely held within the legal community, which the number of signatories to this letter has clearly demonstrated.”

Law Institute of Victoria president Steven Sapountsis said: “In the LIV’s view, warehousing asylum seekers on Nauru and Manus Island compromises their human rights. The LIV has been concerned about the effects of offshore detention on the legal rights of asylum seekers, including their access to justice, for many years.”

For further information regarding this media release please contact:
Kerry O'Shea, General Manager, Public Affairs & Legal Policy

T: 03 9607 9373

Views expressed on (Website) are not necessarily endorsed by the Law Institute of Victoria Ltd (LIV).

The information, including statements, opinions, documents and materials contained on the Website (Website Content) is for general information purposes only. The Website Content does not take into account your specific needs, objectives or circumstances, and it is not legal advice or services. Any reliance you place on the Website Content is at your own risk.

To the maximum extent permitted by law, the LIV excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising out of or in connection with the Website Content and the use or performance of the Website except to the extent that the loss or damage is directly caused by the LIV’s fraud or wilful misconduct.

Be the first to comment