Abstract
This article will examine the detention of Australia’s asylum seekers in Nauru. In particular, this article will assess the conformity of the 2013 MOU between Australia and Nauru with the protections against unlawful deprivation of liberty under the Constitution of Nauru and the protections against arbitrary detention afforded to asylum seekers under international law. The article will begin by discussing the transfer of asylum seekers by Australia to Nauru and the legality of this arrangement under Australian municipal law. The article will then discuss the arrangements for asylum seekers once they are in Nauru. It will demonstrate that the confinement of asylum seekers in the RPC constitutes detention under the municipal law of Nauru and international law, notwithstanding the recently announced open centre arrangement at the RPC or objections to such a characterisation from Australia and Nauru.
| Original language | English |
|---|---|
| Pages (from-to) | 669-694 |
| Number of pages | 26 |
| Journal | University of New South Wales Law Journal |
| Volume | 38 |
| Issue number | 2 |
| Publication status | Published - 2015 |
Keywords
- refugees
- political refugees
- asylum seekers
- Australia
- alien detention centres
