UN Finds Australia Violated Law Over Offshore and Onshore Detention of Asylum Seekers

The case concerns an Iranian asylum seeker who arrived by boat at Christmas Island in 2013 after fleeing persecution.

The UN Committee against Torture has found that Australia violated its obligations under international law by failing to protect an Iranian asylum seeker from torture and ill-treatment during years of detention in offshore processing facilities and later in mainland Australia.

In a decision published today, the Committee concluded that Australia breached the Convention against Torture by exposing the man to prolonged detention, serious violence, and inadequate medical care—first on Manus Island in Papua New Guinea, and subsequently in Australian immigration detention.

Offshore Detention Under Australia’s Control

The case concerns an Iranian asylum seeker who arrived by boat at Christmas Island in 2013 after fleeing persecution. Instead of having his asylum claim assessed in Australia, he was transferred to the Manus Island Regional Processing Centre under Australia’s offshore processing policy.

According to the complaint, the man was detained on Manus Island for approximately three years in harsh and unsafe conditions, during which he was subjected to severe violence, including an incident in which a security guard allegedly slit his throat.

Australia argued that it did not exercise effective control over the Papua New Guinea facility and therefore could not be held responsible for events there. The Committee rejected this argument, finding that Australia’s policy decisions, funding arrangements, and contractual control over services were sufficient to establish jurisdiction under the Convention.

“Human rights protection and international law obligations do not disappear when detention facilities are relocated offshore,” said Jorge Contesse, a member of the Committee.

“Geography is not the test. The question is whether a State has placed a person in a situation where it has the power to prevent harm and fails to do so,” he said.

The Committee noted that its findings align with earlier landmark decisions by the UN Human Rights Committee concerning Australia’s offshore processing centre in Nauru.

Failure to Prevent Torture and Investigate Violence

The Committee found that Australia failed to take effective measures to prevent torture and ill-treatment during the complainant’s detention in Papua New Guinea. It highlighted the lack of evidence that authorities acted to protect him from violence, properly investigate the attempted killing, hold perpetrators accountable, or provide adequate rehabilitation and medical care.

It concluded that the combination of prolonged detention, unsafe conditions, and absence of protection amounted to torture and cruel, inhuman or degrading treatment, in violation of articles 2(1) and 16 of the Convention.

The Committee also recalled its longstanding concerns about Australia’s offshore processing regime, which it said has repeatedly subjected asylum seekers to uncertainty, psychological harm, and severe suffering.

Prolonged Detention in Australia Also Violated the Convention

After being transferred to Australia in 2019 for medical treatment, the complainant remained in immigration detention for nearly three years, despite serious physical and mental health conditions. He was eventually released into the community on a bridging visa in 2022.

The Committee found that this prolonged detention—mandatory, administrative, and not based on an individualized assessment—also constituted cruel, inhuman or degrading treatment.

It determined that Australia failed to demonstrate that the detention was reasonable, necessary, or proportionate, particularly given the man’s years of prior offshore detention and documented medical vulnerability.

Call for Redress and Policy Reform

The Committee called on Australia to provide the complainant with full redress, including compensation and rehabilitation, and to allow him a genuine opportunity to have his protection claims assessed by competent authorities.

It also urged Australia to adopt guarantees of non-repetition, warning that systemic reform is needed to prevent similar violations in the future.

The decision adds to growing international scrutiny of Australia’s migration detention policies and reinforces the principle that states remain accountable for human rights violations wherever they exercise effective control.