Australia’s Extraterritorial Border Control Policies
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was a key election promise of the Coalition government in its re-election campaign
in 2013. Australia has also introduced less publicized measures to prevent the entry of
unauthorized non-citizens by air.
This chapter addresses some of the extraterritorial measures adopted by Australia
to prevent the entry of certain people into Australian territory. In the first part, the
chapter examines measures aimed at stopping irregular arrivals by air, including
carrier sanctions, Airline Liaison Officers, and the use of technology. The second
part assesses the measures taken by Australia to stop irregular boat arrivals, including
third country detention and processing regimes in Nauru and Papua New Guinea
and boat interdictions. The final part questions the legality or otherwise of
Australia’s actions.
Extraterritorial border control measures have proven highly effective in preventing the irregular arrival of refugees in Australia. They have, however, placed
Australia in violation of its international obligations, prevented refugees from seeking protection thereby placing them in harm’s way, and have resulted in great
suffering for at-risk groups.
stopping the planes
People seeking to claim protection in Australia have two options to enter Australia’s
territory and seek its protection: arrival by plane or by boat. The waters surrounding
Australia are often treacherous and the boat journey to Australia can be deadly.
Furthermore, people travelling irregularly by boat seldom have choice in the vessel
used to carry them and can end up on unseaworthy boats that cannot cope with
rough waters or precarious weather conditions. Although allowing asylum seekers
and refugees to board a plane to Australia would be the safer option, Australia has
gone to great lengths to ensure that those without a visa are unable to board an
Australia-bound flight.
Carrier Sanctions
One of the most significant means by which Australia prevents the entry of refugees
into its territory by air is through fines for airline operators in the form of carrier
sanctions. Carrier sanctions are financial penalties imposed upon airlines and ships
that transport passengers who do not hold the relevant permission to enter the
country. By requiring carriers to check that passengers have authorization to
enter a country prior to embarking, carriers effectively become border officials,
controlling migration at the point of departure. Although carrier sanctions do not
apply only to those who carry refugees, they disproportionally affect refugees
seeking protection.
Carrier sanctions rely on an economic argument: The “fear of having their profit
margin eroded by such penalties is supposed to encourage carriers to deny passage to
https://doi.org/10.1017/9781108914994 Published online by Cambridge University Press
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