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Third Country Processing Regimes and the violation of the principle of non-refoulement
The document argues that Australia's mandatory off-shore processing regime in Nauru and Papua New Guinea constitutes a violation of the principle of non-refoulement. It contends that by transferring asylum seekers to facilities characterized by arbitrary detention, inadequate medical care, and conditions akin to torture, Australia exercises extraterritorial jurisdiction and remains legally responsible for these human rights violations. The author warns that this model serves as a blueprint for similar externalization policies currently emerging in the European Union.
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Document type: Research paper
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