Iranian Asylum Seekers Could Face Indefinite Detention in Australia

The number of asylum seekers from Iran trying to reach Australia by boat has increased dramatically in recent months, leading to fears that thousands of Iranians could be denied refugee status but unable to return to Iran.

In 2009-10 Iranians were just 6% of the asylum seekers arriving in Australia by boat. By 2010-11 they made up 36%. Recent figures show that asylum seekers from Iran now make up almost 50% of the people arriving by boat in Australia. 1,549 Iranians arrived in 2010-11.

Despite the increase in numbers, Immigration Department figures show that most of the Iranian asylum seekers were found not to be refugees in their first application. Between July and September 2011, 754 out of 1366 asylum seekers from Iran had their refugee applications rejected. And more than 25% of Iranian asylum seekers could not get these initial rejections overturned.

Normally, people who are not accepted as refugees are sent back to their home country, even if they don’t want to. But in the case of Iranian asylum seekers, they can’t be returned to Iran because the Iranian Government will not accept them. The Australian Government has said that “the involuntary return of failed asylum-seekers can only occur with the agreement of the host country.” But there is no agreement between the Iranian and Australian governments. “Despite numerous attempts by Australia, the Iranian government has made it clear that it will not accept the involuntary return of failed asylum-seekers.”

Without an agreement with the Iranian Government, failed Iranian asylum seekers could be kept in detention centres forever. The Australian Immigration Minister Chris Bowen says that the Australian Government knows the issue is a “considerable challenge” and that a “range of case resolution options” are being considered for failed refugees.

There have been agreements between Australia and Iran in the past. In 2003 a deal was negotiated by Australia to return failed refugees back to Iran by force. In exchange, Australia offered working holiday visas for young Iranians. The Refugee Council of Australia says that the Australian Government needs to look at a range of options with Iran because there are many Iranians who have been in detention for more than two years. Without a new agreement or another response, the Refugee Council is concerned that people will become stuck in detention forever. “People have to be returned in certain circumstances to their country of origin. If they can't be, the options are indefinite detention.”