Amnesty International has expressed concern over the Australian government’s continuation of its excision policy, under which asylum-seekers who land in any of Australia’s so-called “excised territories” have fewer rights than those who land inside an official "migration zone". They are, for example, denied the right to appeal decisions to the independent Refugee Review Tribunal, as well as being denied the right to access the Australian court system.

We express this concern following news on April 22 that a number of asylum seekers badly injured in the boat incident off the coast of Western Australia on April 16, were, for medical reasons, taken to the Front Puffin oil rig prior to being moved to the Australian mainland for medical treatment.

The Australian government has now confirmed that the men who were taken to the Front Puffin rig will be treated as offshore arrivals, meaning that if and when they recover from their injuries, they will be transported to the Christmas Island detention facility to have their claims to asylum processed. Ironically, the 13 allowed to go through the onshore processing system will also be taken to Christmas Island to have their claims processed.

Australia claims to be committed to protecting those in genuine need, however this policy raises further questions as to the rational for creating a parallel processing system on the remote Christmas Island.


It is difficult to comprehend what message is being sent by detaining the two groups together on Christmas Island but processing them under different systems. Australia claims to be committed to protecting those in genuine need, however this policy raises further questions as to the rational for creating a parallel processing system on the remote Christmas Island.

“This is another example of the absurdity of Australia’s excision policy” said Dr Graham Thom, Refugee Coordinator for Amnesty International Australia.

“People have a fundamental human right to seek asylum, and Amnesty International believes that all people seeking asylum in Australia should receive equal treatment under the eyes of the law, regardless of their method of arrival.”

Amnesty International is calling on the government to end its excision policy and to close the Christmas Island detention facility. Australia must ensure its treatment of those fleeing persecution is further brought in line with its international human rights obligations.

The tragic deaths of a number of people in the boat incident off the coast of Western Australia highlights the heavy price that asylum-seekers sometimes pay in trying to rebuild their lives in a foreign country.

Amnesty International rejects the notion that the Rudd government's attempts to make immigration policy in Australia more humane - including easing the policy of mandatory detention, ending Temporary Protection Visas and moving away from the Pacific Solution - have been responsible for any increase in asylum-seekers arriving by sea.