The Claim
“Illegally refused to grant permanent visas to people found to be genuine refugees, despite their own department and the United Nations Human Rights Council telling them it is illegal.”
Original Sources Provided
✅ FACTUAL VERIFICATION
The core factual elements of this claim are largely accurate. As Immigration Minister in late 2013 and 2014, Scott Morrison implemented policies that prevented asylum seekers who arrived by boat from obtaining permanent protection visas, despite departmental advice and legal challenges.
Cabinet documents obtained by the ABC in 2018 reveal that the Department of Immigration and Border Protection advised Morrison that up to 700 asylum seekers "must" be granted permanent protection under existing legislation [1]. The department warned that without intervention, 30 additional asylum seekers could be granted permanent protection each week [1].
Morrison employed a rarely used provision in the Migration Act (section 411(3)b) to issue "conclusive certificates" blocking permanent protection without explanation and forbidding any review of the decision on grounds of "national interest" [2]. These certificates were issued to refugees who had passed all security and character checks, with no national security concerns about their claims [2].
In October 2014, the High Court ruled against the government's attempt to cap protection visas at 2,773 and force all asylum seekers onto temporary protection [2][3]. Legal experts noted that Morrison's use of the "national interest" criterion appeared to be an attempt to circumvent the High Court decision [2].
Regarding the UN Human Rights Council specifically, the claim appears to conflate the UNHCR (UN High Commissioner for Refugees) and broader UN human rights mechanisms with the specific "UN Human Rights Council." While the UNHCR and various UN human rights bodies did criticize Australia's asylum policies during this period, there does not appear to be a specific determination by the UN Human Rights Council that the visa policy was "illegal." However, UN human rights officials did criticize Australia's policies as leading to "a chain of human rights violations" [4].
Missing Context
The claim omits several critical pieces of context:
Policy Context: The Coalition's approach was part of a broader "stop the boats" policy framework that also included Operation Sovereign Borders, turn-backs, and offshore detention. The government explicitly campaigned on and was elected with a mandate to implement these tougher border protection policies [5].
Legal Complexity: The situation involved complex interactions between the Migration Act, High Court decisions, and international obligations. The government was attempting to maintain temporary protection (TPVs) despite legal challenges, rather than simply ignoring all legal advice [2][3].
The National Interest Argument: The government maintained that preventing permanent settlement was in Australia's national interest to deter people smuggling and dangerous boat journeys [2].
Administrative Appeals Tribunal: The claim doesn't mention that the initial order to tribunals to hear cases in a particular order (which Morrison continued) was actually sent by former Labor immigration minister Brendan O'Connor months earlier [1].
Source Credibility Assessment
The original source is The Guardian, a mainstream left-leaning news organization with generally high journalistic standards. The Guardian's reporting on this issue cites official documents, legal proceedings, and includes government responses, suggesting factual accuracy in its reporting [2].
The ABC's 2018 reporting on the cabinet documents provides authoritative primary source evidence from government records obtained under normal archival release processes [1].
The Conversation article by legal academics from ANU and UNSW provides expert legal analysis of the policy changes [3], while the UNSW Law Journal article offers scholarly legal critique [5].
However, the original mdavis.xyz claim source (Labor-aligned) presents the claim with strong negative framing that emphasizes illegality while downplaying the government's stated policy rationale and the broader context of border protection policy debates.
Labor Comparison
Did Labor do something similar?
Yes. Labor governments implemented several hardline refugee policies that provide important comparative context:
Kevin Rudd's 2013 PNG Solution: In July 2013, Labor Prime Minister Kevin Rudd announced that no refugee who arrived by boat would ever be settled in Australia - they would instead be sent to Papua New Guinea for processing and resettlement [6]. This policy has been described as "the most draconian in Australian immigration history" and came after Labor reinstated offshore processing on Nauru in 2012 [6].
Labor's Offshore Detention: The Rudd and Gillard governments reopened the Nauru detention center in 2012 (after closing it in 2008) and established the Manus Island facility, implementing offshore processing and detention that continues to be criticized by human rights organizations [6][7].
Temporary Protection Visas (TPVs): While Labor abolished John Howard's TPV policy in 2008, the 2013 PNG solution effectively created a more extreme form of temporary protection - permanent exclusion from Australia rather than temporary protection visas [7].
Brendan O'Connor's Tribunal Order: As noted above, the initial order to tribunals to process cases in a particular order was actually implemented by the previous Labor government [1].
Scale and Severity Comparison:
- Coalition: Denied permanent visas but allowed temporary protection with possibility of eventual permanent settlement
- Labor (2013): Declared no boat arrivals would ever be settled in Australia - a more absolute position
Balanced Perspective
The Coalition government's refugee visa policies of 2013-2014 represented a controversial and legally contested approach to border protection. Critics correctly identified that the policies:
- Contravened departmental advice that permanent protection was legally required for some asylum seekers [1]
- Used ministerial powers in novel ways to block permanent settlement [2]
- Were struck down or limited by High Court decisions [3]
- Drew criticism from UN human rights bodies [4]
However, the government's position included several arguments not captured in the original claim:
Deterrence Justification: The government argued that providing permanent protection to boat arrivals would undermine the deterrent effect of their border protection policies and encourage more dangerous boat journeys, potentially leading to more deaths at sea [5].
Comparative Context: When compared to Labor's PNG solution announced in 2013, the Coalition's approach - while restrictive - was arguably less absolute than Labor's declaration that no boat arrivals would ever settle in Australia [6][7].
Parliamentary Process: The government attempted to legislate their position through the Migration Amendment (Protection and Other Measures) Bill, rather than simply acting extra-legally [3].
International Law Complexity: Australia's international obligations under the Refugee Convention do not technically require permanent settlement - they require non-refoulement (not returning refugees to persecution). The legal debate centered on interpretations of the Migration Act rather than clear-cut violations of international law [3][5].
Key context: This was not unique to the Coalition - both major Australian parties have implemented increasingly restrictive asylum policies when in government, with Labor's 2013 PNG solution representing arguably the most restrictive approach of all [6][7].
PARTIALLY TRUE
6.0
out of 10
The claim contains significant accurate elements but also overstates and mischaracterizes certain aspects. It is true that:
- The Coalition government refused permanent visas to genuine refugees who arrived by boat
- The Immigration Department advised that some asylum seekers "must" be granted permanent protection
- The policies faced legal challenges and were criticized by UN human rights bodies
- Cabinet documents show Morrison actively sought ways to prevent permanent visa grants [1]
However, the claim overstates the "illegality" finding and conflates different UN bodies. There was no specific UN Human Rights Council determination that the policy was "illegal" - rather, various UN human rights mechanisms expressed concerns and criticisms. The legal situation was complex, involving High Court decisions that both limited and shaped the government's approach. Furthermore, the claim presents this as uniquely problematic Coalition behavior when Labor governments implemented comparably restrictive - and in the case of the 2013 PNG solution, arguably more absolute - policies.
Final Score
6.0
OUT OF 10
PARTIALLY TRUE
The claim contains significant accurate elements but also overstates and mischaracterizes certain aspects. It is true that:
- The Coalition government refused permanent visas to genuine refugees who arrived by boat
- The Immigration Department advised that some asylum seekers "must" be granted permanent protection
- The policies faced legal challenges and were criticized by UN human rights bodies
- Cabinet documents show Morrison actively sought ways to prevent permanent visa grants [1]
However, the claim overstates the "illegality" finding and conflates different UN bodies. There was no specific UN Human Rights Council determination that the policy was "illegal" - rather, various UN human rights mechanisms expressed concerns and criticisms. The legal situation was complex, involving High Court decisions that both limited and shaped the government's approach. Furthermore, the claim presents this as uniquely problematic Coalition behavior when Labor governments implemented comparably restrictive - and in the case of the 2013 PNG solution, arguably more absolute - policies.
📚 SOURCES & CITATIONS (7)
-
1
Scott Morrison tried to delay asylum seekers' permanent protection visas, documents reveal
The former immigration minister agreed his department should intervene in ASIO security checks to try to prevent asylum seekers from being granted permanent protection visas, secret documents obtained by the ABC reveal.
Abc Net -
2
Scott Morrison personally intervenes to block claims for permanent asylum
Immigration minister has issued a ‘conclusive certificate’ which removes right of appeal on grounds of national interest
the Guardian -
3
Punishment not protection behind Morrison's refugee law changes
Earlier this week, immigration minister Scott Morrison introduced the Migration Amendment (Protection and Other Measures) Bill in response to a High Court decision that ruled invalid his move to cap the…
The Conversation -
4
New UN human rights chief criticises Australia's asylum seeker policy
A senior United Nations official has criticised Australia's asylum seeker policy, saying it has lead to a "chain of human rights violations".
Abc Net -
5PDF
A Masterclass in Evading the Rule of Law: the Saga of Scott Morrison
Austlii Edu • PDF Document -
6
The chequered history of Labor and boats
Federal Labor leader Bill Shorten is facing fierce internal opposition and savage criticism from refugee groups over his support for boat turnbacks.
SBS News -
7
Kaldor Centre explainer: Why, 11 years on, Australia's exclusion of refugees who came by boat has failed
Eleven years after Prime Minister Kevin Rudd declared that no refugee who arrived by boat would ever be settled in Australia, Kaldor Centre research shows how Australia’s offshore policy has failed and become a notorious stain on Australia’s human rights record.
UNSW Sites
Rating Scale Methodology
1-3: FALSE
Factually incorrect or malicious fabrication.
4-6: PARTIAL
Some truth but context is missing or skewed.
7-9: MOSTLY TRUE
Minor technicalities or phrasing issues.
10: ACCURATE
Perfectly verified and contextually fair.
Methodology: Ratings are determined through cross-referencing official government records, independent fact-checking organizations, and primary source documents.