• Insights

Australia and Asylum Seeker Children on Nauru

November 28, 2018

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Over recent months, the issue of asylum seeker children being kept indefinitely on Nauru has garnered the attention of the community, media, and political and social commentators, with a number of professional groups calling for the immediate removal of all remaining children. How has the Australian Government responded to this attention and has their policy position changed?

Recent Press Commentary

The Law Council of Australia, basing its arguments on the United Nations Convention on the Rights of the Child, claims that the Convention requires that in all actions relating to children, the best interests of the child be the primary consideration.  As such, the Law Council has argued that if children must be detained on Nauru as part of the immigration process, this action should be a measure of last resort and for the shortest appropriate period of time.  In addition, as recently as 20 November, the Australian Bar called for the continued removal of children on Nauru.

Medical groups—including the Australian Medical Association, the Royal Australasian College of Physicians and the Royal Australian College of General Practitioners—have also publicly called for the Government’s urgent action to transfer asylum seeker children and their families to Australia for medical and psychological treatment.  These calls follow on from the 2014 National Inquiry by the Australian Human Rights Commission into Children in Detention.

Government’s Policy Position

The Government’s policy position as it relates to asylum seekers has been consistent and strong since the controversial Tampa incident in 2001, where offshore processing became the cornerstone of the Howard Government’s ‘Pacific Solution’.

While offshore processing 2.0 has been operating in Nauru since 2012, it has only been in the latter half of 2018 and in the context of recent political instability that the swelling change in sentiment began and is now supported by politicians on both sides of Australian mainstream politics.

The Government has now sought to respond to the increasingly vocal community concerns and address public sentiment while also maintaining its firm approach to the issue and the challenge of people smugglers.

When Prime Minister Morrison assumed his role in August 2018, there were 113 asylum seeker children on Nauru, 46 of whom had been born there.  Based on current reports, there are 17 children still left on Nauru and it is likely that all will be taken to Australia before the end of the year.  To put this into context, this compares to 1,992 children in immigration detention at the end of July 2013.  These reports have been reported upon positively in the media and the community more generally.  While the number of children in immigration detention on Nauru has decreased, the average number of days in immigration detention has increased significantly—in 2013 it was 72 days, whereas it now exceeds 400 days on average. 

Asylum Seekers in Australia and Around the World

As distinct from offshore processing, in 2016-17 Australia accepted more refugees than any year since it began a humanitarian migration program, with more than 24,000 refugees settling in Australia, including the special intake of Syrian and Iraqi refugees.  In managing its refugee and humanitarian program, the Australian government has sought to balance maintaining its humanitarian policy, public interest and views, and importantly the integrity of the program.  The management of the program is particularly complex with respect to how to deal with unauthorised arrivals of asylum seekers who arrive via people smuggling networks.  It is the focus on maintaining integrity which has led both the Coalition and the Australian Labor Party to stand by the policy that any asylum seekers who attempt to reach Australia by boat will never be resettled there.

Australia is by no means alone in facing the difficult issue of how to manage irregular people movements by people fleeing persecution.  At the height of the Syrian crisis in 2015, over 1.3 million Syrian and Iraqi asylum seekers sought protection in Europe.  In May and June 2018, the world’s attention was drawn to the United States’ family separation policy, which led to more than 2,000 children being separated from their parents at the U.S.-Mexico border.

How Fragomen is Taking Action

In the United States, Fragomen partnered with Kids in Need of Defense (KIND) on a major pro bono initiative to represent unaccompanied children in immigration proceedings in the United States.  In Australia, Fragomen also partnered with Justice Connect in a pro bono capacity to assist unaccompanied minors seeking to sponsor immediate family members under the ‘split family’ provisions.  Fragomen Australia is now exploring further options to provide legal services to asylum seekers and their families in recognition of the support that is required and in the reflection of its corporate value of giving back.

 

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Biometric Update: Fragomen-SICPA JV Adds IDEMIA Biometrics to Assemble End-to-End Identity Platform

Fragomen and SICPA expand their digital identity platform through a strategic collaboration with IDEMIA Public Security.

Learn more
Generic Insights

Blog post

Document Legalization Is Becoming a Global Mobility Compliance Issue: Five Trends Employers Should Watch

In this blog, UAE Consular and Document Services Manager Minu Joseph examines five global legalization trends through a Middle East lens—and outlines how employers can prepare earlier to keep assignments on track.

Learn more
Generic Insights

Blog post

Doing Business in Qatar: Growth and Workforce Mobility

In this blog, Corporate Services Manager Julia Ignatenko explores why businesses should coordinate company formation, regulatory compliance, leadership presence and workforce mobility from the outset.

Learn more

Awards

Fragomen Wins Immigration Provider of the Year: 2026 FEM APAC EMMAs

Fragomen won Immigration Provider of the Year at the 2026 FEM APAC EMMAs, and our Worldwide Immigration Trends Report 2026 received a Highly Commended recognition in the Thought Leadership category.

Learn more

Media mentions

Forbes: DHS Adds Immigration Rule Stopping H-1B Spouses From Working To Agenda

Partner Kevin Miner discusses DHS’ proposed rule to end employment authorization for certain H-4 spouses of H-1B professionals.

Learn more

Media mentions

Newsweek: Green Card Update: Major Change Announced for Sponsors

Counsel Brian Hunt discussed USCIS’ new ability to obtain credit information from green card sponsors and the potential implications for future regulatory actions.

Learn more

Awards

Partner Julie Lessard and Counsel Elsa Agostinho Recognized in the 2027 Edition of The Best Lawyers in Canada™

Partner Julie Lessard and Counsel Elsa Agostinho are recognized in the 2027 edition of The Best Lawyers in Canada™ for Immigration Law.

Learn more

Media mentions

Dubai Eye 103.8: Partner Ali Haider Joins The Agenda to Discuss Immigration Trends

Partner Ali Haider discusses immigration trends, visa appointments and the UAE’s continued efforts to attract global talent and investment.

Learn more

Blog post

Expanded Right-To-Work Scheme 2026: What UK Airlines and Aviation Contractors Need to Know

In their latest blog, Manager Adam Hickling and Immigration Consultant Daisy Dale examine the proposed changes, airline-specific risk scenarios and the practical steps organisations should consider before October.

Learn more

Fragomen news

Fragomen and SICPA’s Digital Identity Joint Venture Expands Ecosystem Through Strategic Collaboration with IDEMIA Public Security

Fragomen and SICPA’s digital identity joint venture expands its capabilities through a strategic collaboration with IDEMIA Public Security.

Learn more

Fragomen news

2026 年8月米国移民法ダイジェスト Learn more
Generic Insights

Blog post

APAC Immigration Landscape: Governments Are Using Immigration Policy to Advance National Priorities

In a new blog accompanying our Regional Immigration Overviews, Partner Kenneth Lau explores the key trends shaping the APAC immigration landscape and what they could mean for employers planning their global workforce strategies.

Learn more

Media mentions

Biometric Update: Fragomen-SICPA JV Adds IDEMIA Biometrics to Assemble End-to-End Identity Platform

Fragomen and SICPA expand their digital identity platform through a strategic collaboration with IDEMIA Public Security.

Learn more
Generic Insights

Blog post

Document Legalization Is Becoming a Global Mobility Compliance Issue: Five Trends Employers Should Watch

In this blog, UAE Consular and Document Services Manager Minu Joseph examines five global legalization trends through a Middle East lens—and outlines how employers can prepare earlier to keep assignments on track.

Learn more
Generic Insights

Blog post

Doing Business in Qatar: Growth and Workforce Mobility

In this blog, Corporate Services Manager Julia Ignatenko explores why businesses should coordinate company formation, regulatory compliance, leadership presence and workforce mobility from the outset.

Learn more

Awards

Fragomen Wins Immigration Provider of the Year: 2026 FEM APAC EMMAs

Fragomen won Immigration Provider of the Year at the 2026 FEM APAC EMMAs, and our Worldwide Immigration Trends Report 2026 received a Highly Commended recognition in the Thought Leadership category.

Learn more

Media mentions

Forbes: DHS Adds Immigration Rule Stopping H-1B Spouses From Working To Agenda

Partner Kevin Miner discusses DHS’ proposed rule to end employment authorization for certain H-4 spouses of H-1B professionals.

Learn more

Media mentions

Newsweek: Green Card Update: Major Change Announced for Sponsors

Counsel Brian Hunt discussed USCIS’ new ability to obtain credit information from green card sponsors and the potential implications for future regulatory actions.

Learn more

Awards

Partner Julie Lessard and Counsel Elsa Agostinho Recognized in the 2027 Edition of The Best Lawyers in Canada™

Partner Julie Lessard and Counsel Elsa Agostinho are recognized in the 2027 edition of The Best Lawyers in Canada™ for Immigration Law.

Learn more

Media mentions

Dubai Eye 103.8: Partner Ali Haider Joins The Agenda to Discuss Immigration Trends

Partner Ali Haider discusses immigration trends, visa appointments and the UAE’s continued efforts to attract global talent and investment.

Learn more

Blog post

Expanded Right-To-Work Scheme 2026: What UK Airlines and Aviation Contractors Need to Know

In their latest blog, Manager Adam Hickling and Immigration Consultant Daisy Dale examine the proposed changes, airline-specific risk scenarios and the practical steps organisations should consider before October.

Learn more

Fragomen news

Fragomen and SICPA’s Digital Identity Joint Venture Expands Ecosystem Through Strategic Collaboration with IDEMIA Public Security

Fragomen and SICPA’s digital identity joint venture expands its capabilities through a strategic collaboration with IDEMIA Public Security.

Learn more

Fragomen news

2026 年8月米国移民法ダイジェスト Learn more
Generic Insights

Blog post

APAC Immigration Landscape: Governments Are Using Immigration Policy to Advance National Priorities

In a new blog accompanying our Regional Immigration Overviews, Partner Kenneth Lau explores the key trends shaping the APAC immigration landscape and what they could mean for employers planning their global workforce strategies.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
September 4, 2026 | United StatesUnited States: August 2026 DOL PERM and PWD Processing Times
September 4, 2026 | 🌐Biometric Update: Fragomen-SICPA JV Adds IDEMIA Biometrics to Assemble End-to-End Identity Platform
September 4, 2026 | DenmarkDenmark: New Immigration Pathway for Certified Employers Hiring Foreign Nationals from Select Countries
September 4, 2026 | 🌐Fragomen Wins Immigration Provider of the Year: 2026 FEM APAC EMMAs
September 4, 2026 | 🌐Minimum Salary Changes Announced
September 4, 2026 | United StatesUnited States: August 2026 DOL PERM and PWD Processing Times
September 4, 2026 | 🌐Biometric Update: Fragomen-SICPA JV Adds IDEMIA Biometrics to Assemble End-to-End Identity Platform
September 4, 2026 | DenmarkDenmark: New Immigration Pathway for Certified Employers Hiring Foreign Nationals from Select Countries
September 4, 2026 | 🌐Fragomen Wins Immigration Provider of the Year: 2026 FEM APAC EMMAs
September 4, 2026 | 🌐Minimum Salary Changes Announced
September 4, 2026 | United StatesUnited States: August 2026 DOL PERM and PWD Processing Times
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.