Human Rights Watch Condemns Australia's Expanded Refugee Policies in World Report 2026

Human Rights Watch Releases World Report 2026, Citing Abusive Policies

Human Rights Watch (HRW) has released its World Report 2026, drawing significant attention to Australia's refugee and migrant policies. The report, which covers events from 2025, asserts that the Australian government expanded what HRW describes as 'abusive refugee and migrant policies' during that year. A central point of contention is the Nauru deportation deal, which HRW states denies basic procedural fairness rights to individuals labeled 'noncitizens' who are transferred to the Pacific island nation.

The Nauru Deportation Deal Under Scrutiny

The controversial Nauru deportation deal was initiated in September 2025, following a High Court ruling that deemed indefinite detention illegal, leading to the release of individuals from onshore immigration detention. Under this agreement, Australia planned to deport an estimated 350 people to Nauru, with the first deportation confirmed in October 2025. The financial implications of this deal are substantial, with estimates suggesting it could cost Australia approximately A$2.5 billion (US$1.6 billion).

HRW's Australia researcher, Annabel Hennessy, expressed disappointment regarding the Australian government's response to international findings, stating, 'what we saw later on in the year was it expand its abusive policies via the announcement of the new deal with Nauru, which could potentially see hundreds of people deported to Nauru once again.' Hennessy also highlighted concerns that new laws passed in conjunction with the deal 'deny the right of asylum seekers or other people being forcibly transferred to Nauru the right to fair process.'

UN Human Rights Committee's Prior Condemnation

The HRW report's criticisms echo earlier findings from the United Nations Human Rights Committee. In January 2025, the UN committee ruled that Australia remained responsible for human rights violations against asylum seekers transferred to Nauru. This ruling stemmed from two cases involving 25 refugees and asylum seekers, 24 of whom were unaccompanied minors at the time, who were transferred in 2014. Committee member Mahjoub El Haiba emphasized that 'A state party cannot escape its human rights responsibility when outsourcing asylum processing to another state.'

Despite these international rulings, the Australian government has consistently argued that it does not exercise effective control over regional processing centers on Nauru. However, the UN committee underscored Australia's role in the establishment and operation of the Nauru facility.

Broader Human Rights Concerns

Beyond refugee policies, the World Report 2026 also touches upon other human rights issues in Australia. HRW notes that Australia is the only Western democracy without a national human rights act or charter. Other concerns include systemic discrimination against First Nations people and violations of children's rights within youth detention facilities. Amnesty International and the Refugee Council of Australia have also voiced similar concerns regarding offshore detention and the Nauru agreement in late 2025 and early 2026.

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