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• International Journal of Refugee Law, 2026, Vol. 00, Issue 00
5. Lessons learned
5.1. Outsourcing protection
This article has argued that bilateral agreements in the context of statelessness and in the
context of asylum seeking and irregular migration share a number of common features: they
target populations deemed undesirable by the State, they exploit perceived ambiguity in
legal obligations and a lack of accountability, and they are concluded between States with
unequal economic power and at high cost. These similarities suggest that it is appropriate to
understand the UAE’s agreement with Comoros as an externalization agreement; a further
attempt to outsource protection. This article asserts that framing this agreement in this way
offers a way to make sense of this development. The comparison of these two contexts also
helps illustrate the circumstances in which bilateral agreements are likely to be adopted.
Giuffré and Moreno-Lax (n 4) 84.
See Orçun Ulusoy, ‘Financing Externalisation: The Role That EU Funds Play in Shaping the Turkish
Asylum and Migration Policies’ (2025) 23 Journal of Immigrant & Refugee Studies 91.
155
See Tamara Tubakovic and Amy Nethery, ‘Attenuated Governance in Australia’s Offshore Immigration
Detention Regime: How Financial Mismanagement Can Achieve Government Goals’ (2025) 23 Journal of
Immigrant & Refugee Studies 121.
156
‘UK Passes Law to Send Asylum Seekers to Rwanda After Months of Wrangling’ Al Jazeera (23 April 2024)
https://www.aljazeera.com/news/2024/4/23/uk-law-to-send-asylum-seekers-to-rwanda-passed-aftermonths-of-wrangling accessed 12 June 2026.
153
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Downloaded from academic.oup.com/ijrl/advance-article/doi/10.1093/ijrl/eeag028/8767365 by guest on 08 October 2026
Similarly, externalized migration arrangements are also often concluded between
wealthy Global North countries and Global South countries. Bilateral agreements seek to
interrupt the movement of asylum seekers and migrants from Global South to Global North
countries by both preventing the arrival and, increasingly, preventing the departure of
these groups from their countries or region of origin. For this reason, these agreements are
often initiated by wealthy Global North countries with Global South partners which are
geographically positioned to intercept migration flows (such as the movement of Syrian
refugees through Turkey to the EU). Alternatively, partner States (such as Nauru and Papua
New Guinea in their respective agreements with Australia) are incentivized by the financial
and other benefits discussed above, and often a lack of other sources of revenue, to take on
the task of detaining asylum seekers and processing asylum claims. Under these arrangements, Global South countries act in the ‘stead and/or for [the] benefit’ of wealthy Global
North countries.153 Payments may take the form of financial aid (for example, the Facility
for Refugees in Turkey, established under the EU-Turkey Statement of 2016 in exchange for
Turkey’s cooperating in ending irregular migration into the EU),154 investment in the country for the purpose of establishing and operating asylum processing facilities and systems
(as under Australia’s agreements with Nauru and Papua New Guinea),155 or investment for
broadly defined ‘capacity building’ purposes.
While outsourcing in the business context usually promises lower costs, attempting to
outsource state obligations in the contexts of statelessness and irregular migration and
asylum seeking comes with a high price tag. The UAE paid US$200 million to the Comoros
for the supply of–at the higher end of the estimate—120,000 passports, coming in at a not
insignificant cost of $1666 each. The costs of establishing transfer and offshore processing
arrangements in third states are even more exorbitant. Under the proposed agreement
between the UK and Rwanda, it was estimated that the deportation of 300 asylum seekers
to Rwanda would cost £540 million: nearly £2 million per person.156
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