Swapping refugees : the implications of the 'Atlantic Solution'

Abstract

In a media release on 17 April 2007, Minister for Immigration, Kevin Andrews announced that Australia had signed memorandum of understanding (MOU) with the United States that would enable the two countries to 'swap refugees'. Under the arrangement the United States will resettle up to 200 refugees who arrive in 'excised offshore places' in Australia and are transported to Nauru by Australia for further processing. In exchange, Australia will consider the resettlement of refugees intercepted by the United States and currently detained at Guantanamo Bay in Cuba. The actual processing of asylum seekers to determine refugee status will remain the responsibility of the country where the asylum seeker initially sought protection. This paper outlines the history of interception and offshore processing by the United States and Australia. The United States' processing of asylum seekers in Guantanamo Bay inspired Australia's own offshore processing in Nauru and Papua New Guinea. The recently announced 'refugee swap' is a reminder of the parallels between US and Australian practices towards refugees and asylum seekers