Statelessness Working Paper Series No. 2017/06
Children Born in Australia’s Asylum System
Asher Hirsch
Statelessness Working Paper Series No. 2017/06
Institute on Statelessness and Inclusion
December 2017
Author biography
Asher Hirsch is a Senior Policy Officer with the Refugee Council of Australia and a PhD Candidate at
Monash University Faculty of Law.
Author email
asher.hirsch@monash.edu
Key words
Australia—citizenship law—asylum system—asylum seekers—refugees
Abstract
This paper highlights the precarious situation for stateless children born in Australia’s asylum system.
While they have a right to Australian citizenship under international law, the Australian Government
has placed a range of hurdles in their path to delay and deny citizenship to certain groups within this
cohort. Those whose parents arrived by boat after July 2013 face indefinite detention in Australia’s
offshore processing centres in Nauru and Papua New Guinea. For those born in Australia, they are not
granted neither a permanent visa nor citizenship. The only available option for this group is to apply
for citizenship under Australian law. However, applicants have faced extensive delays, due in part to
the difficulty in proving their identity.