Australia’s Extraterritorial Border Control Policies 55 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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