Population figures
Total country population
26,699,482
Forcibly displaced population
Refugees (under UNHCR's mandate):
29,640
Asylum-seekers:
87,673
IDPs (of concern to UNHCR):
0
Other people in need of international protection:
0
Other
Statelessness persons
2,450
Host community
0
Others of concern to UNHCR
934
Country context
Australia is located in the Southern Hemisphere, bordered by the Indian and Pacific Oceans. It shares maritime boundaries with Indonesia, East Timor, Papua New Guinea, and New Zealand. The country has a legal system based on common law traditions, influenced by British legal principles.
Australia is a party to the 1951 Refugee Convention and its 1967 Protocol, and it has enacted domestic legislation to give effect to its international obligations concerning refugees. The Migration Act 1958 (Cth) governs the entry, stay, and removal of non-citizens, including asylum seekers. Under this 1958 Act, individuals seeking asylum may apply for protection visas, and their claims are assessed through a legal process that includes merits review by the Administrative Appeals Tribunal and judicial review by the Federal Courts. The legal framework provides for the detention of unlawful non-citizens, including asylum seekers, and mandates their removal from Australia unless they are granted a visa or other lawful status. This detention can be indefinite, particularly for individuals whose removal is not immediately practicable due to lack of a receiving country or other factors.
...In recent years, there have been legislative developments affecting the rights of refugees and asylum seekers. Notably, in 2023, the government announced a policy allowing certain refugees holding temporary protection visas to apply for permanent residency. This policy aims to provide these individuals with the same rights as other permanent residents, including access to social security, healthcare, and a pathway to citizenship. However, this opportunity is limited to individuals who entered Australia before 2013 and are not subject to visa cancellation or refusal.
Regarding statelessness, Australia is a party to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. Despite these commitments, Australia lacks a comprehensive legal procedure for identifying and determining statelessness.
Australia's legal framework for the protection of forcibly displaced persons, including refugees and stateless individuals, is primarily governed by the Migration Act 1958 and related legislation. While the country has made legislative advancements, such as providing pathways to permanent residency for certain refugees, challenges remain, particularly concerning the identification and protection of stateless individual and the detention of asylum seekers.
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