In August 2012, the Australia’s Labor government procured amendments to the Migration Act 1958 (Cth) giving the Minister for Immigration the power to designate a country as a “regional processing country” as long as they think it is in the national interest to do so. The only safeguard against an inappropriate designation is the power which federal parliament has to disallow the legislative instrument making the designation.

The legislative amendments cleared the way to establish capacity on Nauru and PNG to process the asylum claims of unauthorized maritime arrivals (UMAs) transferred from Australia. The governments of Nauru and PNG agreed to such capacity being established and UMAs arriving in Australia after 13 August 2012 were warned that they risked transfer to a regional processing country.

On 29 August 2012, Australia and Nauru signed a legally non-binding Memorandum of Understanding (MoU) relating to the Transfer to and Assessment of Persons in Nauru, and Related Issues. The governments of Australia and PNG, in fact, had a legally non-binding MoU relating to the Transfer to and Assessment of Persons in Papua New Guinea, and Related Issues in place between them since 19 August 2011. After amending the Migration Act in 2012, the Australian government entered into further negotiations with the PNG government which resulted in the signing on 8 September 2012 of an updated version of the MoU. Australia’s MoUs with both Nauru and PNG referenced the RCF in their preamble and one of the stated objectives of each MoU was “to continue discussions as to how the [Assessment Centre (PNG)/Regional Processing Centre (Nauru)] might over time undertake a broader range of functions under the regional cooperation framework”.

On 10 September 2012, the Australian Minister for Immigration designated Nauru as a regional processing country despite UNHCR expressing concern. The designation had a sunset date of 1 October 2022. On 9 October 2012, the Minister designated PNG as a regional processing country. Again, the designation, which had a sunset date of 1 April 2023, was made despite UNHCR expressing concern.

On 3 August 2013, the Prime Minister of Australia and the President of Nauru signed a new MoU to replace the one signed on 29 August 2012. It provided for UMAs arriving in Australia to be transferred to Nauru for processing of asylum claims and for their resettlement in Nauru if found to be refugees, subject to the case-by-case agreement of the Nauruan government.

The Liberal-National Coalition government, which took office federally in September 2013, pressed ahead with the implementation of the MoUs with both Nauru and PNG.

In October 2015, the PNG Government Cabinet endorsed PNG’s National Refugee Policy. The policy enabled those recognized as refugees by PNG to settle in PNG and to apply for citizenship after eight years of residence. 

On 26 April 2016, the PNG Supreme Court ruled that amendments to the PNG Constitution intended to enable the detention of transferees at a processing centre built on the Lombrum naval base on Manus Island PNG were invalid and that such detention was therefore unconstitutional and illegal. The court ordered the illegal detention to be brought to an end. The following day, the PNG Prime Minister announced that the processing centre would be closed and the Australian government would be asked to make “alternative arrangements” for the asylum seekers held at the processing centre. He added that those found to be “legitimate refugees” were welcome to settle in PNG if they wished to do so. Subsequently, the transferees, who continued to live in the processing centre compounds, were given the same (restricted) freedom of movement as others living on the Lombrum naval base. On 13 March 2017, the PNG Supreme Court held that, as a result of the new arrangements, the PNG government had complied with its April 2016 order to end the illegal detention of the transferees. Nevertheless, on 8 April 2017, the Prime Ministers of Australia and PNG agreed to work towards closing the Manus processing centre by 31 October 2017. Residents of the centre were informed that by that date they would have to move to designated alternative accommodation in Lorengau, the main town on Manus Island, where services would be provided. Recognised refugees were given the option of being transferred to Nauru instead. Those found not to be refugees were given the option of assisted voluntary repatriation, with the eventual alternative being forced repatriation. Australia underwrote the costs of these arrangements as required by the RRA.

On 6 October 2021, Australia and PNG announced that the RRA would be finalized at the end of 2021 and that, from 1 January 2022, the PNG government would “assume full management of regional processing services in PNG and full responsibility for those who remain”. Those in PNG, who were subject to regional processing arrangements, were given the option of transferring to Nauru prior to the end of 2021. Eight did so, leaving 105 individuals under the PNG government’s management. UNHCR has an agreement with New Zealand which allows it to refer transferees remaining in PNG for resettlement in New Zealand within New Zealand’s existing Refugee Quota Program.

In November 2016, Nauru indicated that it would allow transferees to remain in the country with lawful status for up to 20 years. In practice, transferees recognised as refugees are granted a Temporary Settlement visa which must be renewed every six months and all others are granted a Regional Processing Centre visa which must be renewed every three months. The visa renewal fees are paid by the Australian Department of Home Affairs.

In late 2021, Australia and Nauru signed a new MoU, which came into effect on 1 July 2022 replacing the 2013 MoU and establishing an “enduring regional processing capability” in Nauru.

The Labor government, which took office federally in May 2022, inadvertently allowed the original designation of Nauru as a regional processing country to lapse in October 2022. The country was redesignated on 5 February 2023. The new designation has a sunset date of 1 April 2033.

From 24 June 2023 to 7 September 2023, there were no transferees held in Nauru. However, on 7 September 2023 the Australian government transferred 11 intercepted UMAs to Nauru. This was the first transfer to Nauru made since 2014. A further 12 UMAs were transferred to Nauru in November 2023.

Despite UNHCR expressing deep concern, the legally non-binding Memorandum of Understanding between the Government of the Kingdom of Cambodia and the Government of Australia, Relating to the Settlement of Refugees in Cambodia was signed on 26 September 2014 and remained in effect for four years. As well as undertaking to “bear the direct costs of the settlement arrangements” (clause 12), Australia provided an additional AUD 40 million in development assistance to Cambodia over four years in exchange for its cooperation (clause 11).

The MoU, which referred to the agreement on regional cooperation reached at the Fourth Ministerial Conference of the Bali Process, provided for the permanent settlement in Cambodia of persons recognized as refugees in Nauru who also “meet the entry and settlement requirements of the Kingdom of Cambodia” (clause 4). The MoU emphasized that such settlement had to be voluntary on the part of the refugees and that the “number of Refugees settled, and the timing of their arrival into Cambodia” under this MOU was subject to Cambodia’s consent (clause 5). Only seven refugees volunteered to be settled in Cambodia over the life of the MoU.

The MoU provided for settled refugees to be given permanent resident status under Cambodian law (clause 8) and to be treated in accordance with Cambodia’s Refugee Convention obligations (clause 9). The Operational Guidelines accompanying the MoU made specific reference to freedom of movement, access to public education, work rights, and family reunion.

Australia agreed to assist Cambodia to provide “settlement services for the integration of Refugees into the Cambodian community” (clause 10). The services were supposed to be “commensurate with local community standards” and “delivered at a location outside of Phnom Penh” (clause 10). The Operational Guidelines accompanying the MoU elaborated on the services to be provided and stated that they would be provided for an initial period of 12 months with the need for extension being assessed on a case-by-case basis. Disquietingly, Operational Guideline 25 additionally provided that, within 12 months of settlement, “Australia will help facilitate the process of voluntary repatriation of the Refugees under the MOU to their country of nationality, or to another country where the Refugee has a right to enter and reside, as consented or requested by the Refugee.” By December 2020, six of the seven refugees had left Cambodia.

On 13 November 2016, the Australian government announced that UMAs, who had already arrived and been transferred to Nauru or PNG, would be considered for refugee resettlement in the United States by officials of that country upon referral by UNHCR. After taking office in January 2017, President Trump reluctantly agreed to honour the deal to resettle up to 1,250 refugees who passed the United States’ strict vetting process. As of 31 December 2023, the United States had resettled 1,101 refugees.

In February 2013, the then Prime Ministers of Australia and New Zealand announced that New Zealand would allocate 150 places annually out of its existing Refugee Quota Program to resettle refugees from Nauru and PNG. Although the offer remained open, the Coalition government, which took office in Australia in September 2013, resisted taking it up fearing that those resettled might take advantage of the Trans-Tasman Travel Arrangement to relocate to Australia at a later date. In March 2022, it changed its stance and made a joint announcement with the New Zealand government that New Zealand would allocate 150 places annually for three years out of its existing Refugee Quota Program to resettle refugees from the “existing regional processing cohort”. It was subsequently made clear that there would be legislative or regulatory change to prevent those refugees later relocating from New Zealand to Australia.

As of 31 December 2023, only 109 people had been resettled in New Zealand under the Australia-New Zealand agreement. However, New Zealand has committed to rolling over any of the allocated places not used in one year to the next year.