UN voices concern after Australia returns asylum-seekers intercepted at sea to Sri Lanka
7 July 2014
The United Nations High Commissioner for Refugees (UNHCR) today voiced deep concern after Australia handed over some 41
asylum-seekers to Sri Lanka after intercepting them at sea, and highlighted its unease with shipboard processing of
protection claims.
The agency said it is also concerned about the fate of another 153 asylum-seekers of Sri Lankan origin who are now
subject to an Australian High Court injunction on their return.
In a news release, UNHCR said it understands that “enhanced screening procedures” were used as a basis for determining
whether the 41 individuals involved raised claims for protection which required further consideration.
“Without further information UNHCR is not in a position, at this time, to confirm whether they were in accordance with
international law,” the agency stated.
“UNHCR has previously made known its concerns to Australia about its enhanced screening procedures and their
non-compliance with international law.”
According to media reports, the 41 Sri Lankans were intercepted by Australia’s border patrol off the Cocos Islands in
the Indian Ocean in late June. They were handed over to the Sri Lankan Government yesterday after their refugee claims
were assessed at sea and rejected.
“UNHCR’s experience over the years with shipboard processing has generally not been positive. Such an environment would
rarely afford an appropriate venue for a fair procedure,” said the agency.
The principle of non-refoulement – the prohibition on the forced return of a person to a country where his or her life
or freedom would be threatened – in the 1951 Refugee Convention and more broadly under customary international law is
clear, UNHCR pointed out.
“It applies wherever an asylum-seeker is found and to whatever manner the expulsion or return is carried out, including
during interception and other sea operations,” the agency stated.
“UNHCR does not object to the returns of persons properly found not to be in need of international protection, but
considers anyone claiming asylum has a right to have their case properly assessed by qualified personnel in accordance
with the necessary procedural and legal safeguards.”
ENDS