Australia’s Extraterritorial Border Control Policies 65 The policy of enhanced screening was first introduced in 2012 by the Labor Government to apply to Sri Lankan boat arrivals, and was mostly undertaken in Australian territory on Christmas Island.52 As part of Operation Sovereign Borders, the policy of enhanced screening was implemented while asylum seekers were detained on Navy and Custom vessels at sea. This policy involves: asking each of the asylum seekers a set of four questions and determining their refugee status on the basis of their answers to these questions (the asylum seeker’s name, country of origin, where they had come from, and why they had left) without a right to appeal a negative decision.53 The risk that a person would be returned to face harm following such a cursory assessment of their claim is high, as seen when asylum seekers from Vietnam who were turned back by Australia were subsequently granted refugee protection by the UNHCR in Indonesia.54 Australia’s policy of enhanced screening and turnbacks was highlighted in the case of CPCF v. Minister for Immigration and Border Protection,55 in which a boat of 157 Tamil asylum seekers was intercepted en route to Australia from India. After initial attempts to return the asylum seekers to India, and a subsequent High Court challenge, the asylum seekers were taken to the extraterritorial processing center on Nauru. This is the only boat of asylum seekers not to be returned since the beginning of Operation Sovereign Borders.56 Both the physical act of interdicting boats at sea and the return of individuals to transit or refugee-producing countries place refugees and others seeking Australia’s protection at risk of serious harm including further persecution and even death. There are grave concerns that the cursory status determination procedures undertaken at sea to identify individuals in need of protection are inadequate to safeguard refugees who must be protected from persecution. evaluating the legality of australia’s policies Australia’s response to refugees is consistent with the view that a refugee is a potential threat, rather than someone fleeing harm. Under international law, states do have a sovereign right to control their borders. Inherent in the principle of sovereignty are the principles of territorial supremacy and self-preservation. This M. Grewcock, “Back to the Future: Australian Border Policing under Labor, 2007–2013” (2014) 3(1) State Crime Journal 102–125 at 111. 53 Schloenhardt and Craig, “‘Turning Back the Boats,’” at 554. 54 S. Sebban, “Turned Back by Australia, Vietnamese Recognised as Refugees in Indonesia,” The Sydney Morning Herald, June 11, 2017, www.smh.com.au/world/turned-back-by-australia-viet namese-recognised-as-refugees-in-indonesia-20170608-gwn475.html. 55 CPCF v. Minister for Immigration and Border Protection, 255 CLR 514 (HCA 2015). 56 Phillips, “Boat Arrivals in Australia: A Quick Guide to the Statistics.” 52 https://doi.org/10.1017/9781108914994 Published online by Cambridge University Press