64
Azadeh Dastyari and Asher Hirsch
soft power.47 The greatest cost of Australia’s determination to process and detain
asylum seekers and refugees offshore has, however, been borne by the asylum
seekers and refugees themselves.
Interdiction at Sea
In addition to an extraterritorial processing and detention regime for people who
arrive irregularly by boat, Australia has also attempted to prevent refugees from
arriving by boat through an interdiction regime. “Interdiction” in this context means
actions taken at sea to prevent vessels from reaching their intended destination, in
this case Australia.48
Australia initially introduced an interdiction program named “Operation Relex”
in 2001. While this regime was in effect, twelve vessels were detected attempting to
reach Australia. Of these, four were successfully intercepted and returned to
Indonesia, three ultimately sank, and the rest were intercepted and passengers were
taken to Christmas Island, Nauru, or Papua New Guinea.49
Under the Labor Government, from 2007 to 2013, no boats were turned back.
However on September 18, 2013, 11 days after the Liberal-National Coalition won
back power in the federal election, then-Prime Minister Tony Abbott implemented
“Operation Sovereign Borders,” a “military-led response to combat people smuggling and to protect [Australia’s] borders.”50 Operation Sovereign Borders involved a
staunch commitment that all asylum seekers arriving by boat would be turned back
to their country of departure. From September 2013 until July 2015, 20 boats carrying
at least 633 passengers were intercepted and returned to their countries of departure,
including to Sri Lanka, Vietnam, and Indonesia.51 A number of these turnbacks
involved “enhanced screening” at sea, which is a cursory assessment to determine if
anyone being returned is a refugee. This policy of enhanced screening prevents
asylum seekers from making a detailed refugee claim and denies them any procedural fairness.
W. Maley, “Australia’s Refugee Policy: Domestic Politics and Diplomatic Consequences”
(2016) 70(6) Australian Journal of International Affairs 670–680.
48
D. Guilfoyle, Shipping Interdiction and the Law of the Sea (Cambridge: Cambridge University
Press, 2009), p. 4; A. Dastyari, United States Migrant Interdiction and the Detention of Refugees
in Guantánamo Bay (New York: Cambridge University Press, 2015), p. 3.
49
A. Schloenhardt and C. Craig, “‘Turning Back the Boats’: Australia’s Interdiction of Irregular
Migrants at Sea” (2015) 27(4) International Journal of Refugee Law 536–572 at 538, https://doi
.org/10.1093/ijrl/eev045.
50
Ibid., at 548.
51
J. Phillips, “Boat Arrivals and Boat ‘Turnbacks’ in Australia since 1976: A Quick Guide to the
Statistics,” Parliamentary Library, Parliament of Australia, September 11, 2015, www.aph.gov
.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1516/
Quick_Guides/BoatTurnbacks.
47
https://doi.org/10.1017/9781108914994 Published online by Cambridge University Press
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