A new United Nations report has found that Australia cannot transfer legal responsibility for people in offshore detention by outsourcing arrangements to other countries, private contractors or international organisations.
The report by the UN Special Rapporteur on the human rights of migrants states that governments remain accountable under international law and cannot avoid responsibility by delegating obligations to third parties. The findings go to the core of Australia’s offshore processing system, which has relied on arrangements with Nauru for more than a decade.
People seeking asylum continue to be held in Nauru under Australia’s offshore policy, with no clear pathway to resettlement or freedom. The Asylum Seeker Resource Centre says it continues to support men still detained offshore who are experiencing worsening physical and mental health conditions.
The UN report also raises concerns about transparency in offshore processing and similar migration arrangements. It notes that agreements are often informal or not made public, with limited parliamentary scrutiny, which can make it difficult to determine where responsibility lies and how decisions are made.
It further warns that externalisation of migration systems can increase the risk of human rights violations, particularly where oversight is limited and multiple parties are involved in service delivery.
Australia’s arrangements with Nauru are referenced in the report as part of a wider international trend towards outsourcing aspects of migration management. Concerns are also raised about the risk of family separation and the impact of such policies on vulnerable people.
The report follows ongoing scrutiny in Australia, with a Senate inquiry into offshore processing and resettlement arrangements recently granted an extension. The final report, initially due in June 2026, is now expected in early July.
Submissions to the inquiry have included evidence from former detainees, medical professionals, advocates and whistleblowers describing conditions offshore and the impact of prolonged detention.
Asylum Seeker Resource Centre deputy chief executive Jana Favero said the UN findings reinforced long-standing concerns about accountability.
“This report confirms what we have long said, that Australia remains responsible for the harm caused by offshore detention and is yet again more condemnation of a cruel system. The Albanese Government cannot wash its hands of the people it has sent to Nauru by paying another government or private contractors to carry out its policies,” she said.
She said both current and previous governments had maintained offshore processing and argued that limited transparency continued to obstruct public understanding of what occurs in offshore facilities.
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