Screening interviews could be brief and not sufficiently detailed or probing to ensure that all relevant protection claims were raised The process could be used not simply for screening but also for substantive assessment of protection claims without the normal safeguards People subjected to the screening process were not informed of their right to seek legal advice and were only provided with reasonable facilities to contact a legal adviser if they made a specific request People who were out’ were not given a written record of the reasons ‘screened for the decision, nor did they have access to independent review of such decisions The process was applied to vulnerable groups (including unaccompanied children) who may not have received adequate support through the process. In September 2013, a new form of screening was incorporated into Operation Sovereign Borders, involving the screening of asylum claims at sea. Operation Sovereign Borders and screening at sea Operation Sovereign Borders is a military-led border security operation which aims to counter people smuggling, including through preventing the entry to Australia of boats carrying asylum seekers. Beginning in December 2013, boats have been intercepted and returned to their point of departure it is safe to do so’. Since ‘where Operation Sovereign Borders commenced, 29 boats carrying 740 people have been intercepted and returned. In the case of people arriving from Indonesia, turnback operations have involved forcibly transferring asylum seekers onto lifeboats which are then set ‘unsinkable’ adrift outside Indonesian waters. People arriving directly from Sri Lanka and Vietnam have been repatriated in cooperation with the governments of these countries after undergoing a screening process at sea. Boat turnbacks and screening at sea raise many of the same concerns as the enhanced screening process, particularly in regard to the conduct of screening interviews, the assessment of protection claims in the absence of normal safeguards and lack of access to legal advice. In addition, the circumstances under which screening takes place during turnback operations at sea, via teleconference and — while the person is effectively being detained on board an Australian vessel are — not conducive to a fair or thorough assessment of protection claims. Since Operation Sovereign Borders was introduced, the Australian Government has maintained a policy of refraining from public comment in relation to ‘on-water matters’. As a result, it is difficult to assess whether turnbacks are being conducted in accordance with Australia’s international human rights obligations, including whether adequate safeguards are in place to prevent refoulement and guarantee safety of life at sea.
Screening interviews could be brief and not sufficiently detailed or probing to ensure that all relevant protection claims were raised The process could be used not simply for screening but also for substantive assessment of protection claims without the normal safeguards People subjected to the screening process were not informed of their right to seek legal advice and were only provided with reasonable facilities to contact a legal adviser if they made a specific request People who were ‘screened out’ were not given a written record of the reasons for the decision, nor did they have access to independent review of such decisions The process was applied to vulnerable groups (including unaccompanied children) who may not have received adequate support through the process. In September 2013, a new form of screening was incorporated into Operation Sovereign Borders, involving the screening of asylum claims at sea. Operation Sovereign Borders and screening at sea Operation Sovereign Borders is a military-led border security operation which aims to counter people smuggling, including through preventing the entry to Australia of boats carrying asylum seekers. Beginning in December 2013, boats have been intercepted and returned to their point of departure ‘where it is safe to do so’. Since Operation Sovereign Borders commenced, 29 boats carrying 740 people have been intercepted and returned. In the case of people arriving from Indonesia, turnback operations have involved forcibly transferring asylum seekers onto ‘unsinkable’ lifeboats which are then set adrift outside Indonesian waters. People arriving directly from Sri Lanka and Vietnam have been repatriated in cooperation with the governments of these countries after undergoing a screening process at sea. Boat turnbacks and screening at sea raise many of the same concerns as the enhanced screening process, particularly in regard to the conduct of screening interviews, the assessment of protection claims in the absence of normal safeguards and lack of access to legal advice. In addition, the circumstances under which screening takes place during turnback operations — at sea, via teleconference and while the person is effectively being detained on board an Australian vessel — are not conducive to a fair or thorough assessment of protection claims. Since Operation Sovereign Borders was introduced, the Australian Government has maintained a policy of refraining from public comment in relation to ‘on-water matters’. As a result, it is difficult to assess whether turnbacks are being conducted in accordance with Australia’s international human rights obligations, including whether adequate safeguards are in place to prevent refoulement and guarantee safety of life at sea.
AHRC_Snapshot%20Report_2nd%20edition_2017_Final.docx