2016]
The Prevention and Reduction of Statelessness in Australia
485
baby’s birth and to obtain a birth certificate’ and that the costs associated with
the submission of completed registration forms are borne by the Department.164 The onus is thus squarely on Australian authorities to ensure that
such children have their birth registered and acquire a birth certificate. This
applies both in relation to asylum seekers in immigration detention and those
in the community.
Under Australian law, asylum seekers who arrive without a valid visa may
be transferred to another country for processing and (if found to be in need of
protection), for settlement. Nauru and Papua New Guinea are designated
regional processing countries under s 198AB of the Migration Act.165 Pregnant
asylum seekers in Nauru are normally returned to Australia for their babies’
birth,166 although in September 2015, a child was born to an asylum seeker
in Nauru.167
There is no information publically available as to the process followed by
the Department for registering the births of children whose mothers have
been transferred to Australia from a regional processing country.168 In its
report on the Migration and Maritime Powers Legislation Amendment
164
Letter from Scott Morrison, Minister for Immigration and Border Protection, to Misha
Coleman,
Australian
Churches
Refugee
Taskforce,
12
February
2014
<http://www.australianchurchesrefugeetaskforce.com.au/wpcontent/uploads/2014/05/MorrisonResponse.pdf>. It is unclear whether this includes assistance to apply for both birth registration and a birth certificate. It has been revealed that
Serco, the service provider for Australian onshore immigration detention centres, is not
required to record births in detention, and so it is unclear how the Department is informed
of births in onshore detention centres in Australia: Paul Farrell, ‘Immigration Detention
Centres No Longer Formally Report Childbirth, The Guardian (online), 25 November 2013
<http://www.theguardian.com/world/2013/nov/25/immigration-detention-centres-nolonger-formally-report-childbirth>.
165
Neither country has ratified either statelessness treaty, although both have ratified the
Convention on the Rights of the Child, Papua New Guinea has ratified the ICCPR and Nauru
has signed but not ratified the ICCPR.
166
Senate Select Committee on the Recent Allegations Relating to Conditions and Circumstances at the Regional Processing Centre in Nauru, Parliament of Australia, Taking Responsibility: Conditions and Circumstances at Australia’s Regional Processing Centre in Nauru
(2015) 83 [3.113]; Australian Human Rights Commission, above n 115, 89.
167
Neelima Choahan, ‘Birth of First Refugee Baby on Nauru Sets ‘‘Risky Precedent’’’, The Sydney
Morning Herald (online), 21 September 2015 <http://www.smh.com.au/national/birth-offirst-refugee-baby-in-nauru-detention-centre-sets-risky-precedent-20150921-gjrhke.html>.
168
Michelle Foster, Jane McAdam and Davina Wadley, Submission No 5 to Senate Legal and
Constitutional Affairs Legislation Committee, Migration Amendment (Protecting Babies Born
in Australia) Bill 2014, 29 August 2014, 8, which details the authors’ concerns regarding the
risks associated with non-registration of births before they are transferred to offshore processing centres.