Australian immigration policy
Operation Sovereign Borders
(
OSB
) is a border protection operation led by the
Australian Border Force
, aimed at stopping maritime arrivals of
asylum seekers
to
Australia
.
[1]
The operation is the outcome of a
2013 federal election
policy of the
Coalition
, which commenced on 18 September 2013 after the election of the
Abbott government
.
[2]
The operation has implemented a "
zero tolerance
" posture towards what it has termed "Illegal Maritime Arrivals" ? a change in terminology from the previous government's "Irregular Maritime Arrivals"
[3]
? in Australia, in conjunction with
mandatory detention in offshore detention facilities
.
The current Commander of Operation Sovereign Borders, Rear Admiral Brett Sonter, was appointed to the command on 10 January 2024.
[4]
Background
[
edit
]
Persons arriving by unauthorized boat to Australia by calendar year
During the 2013 federal election, the Abbott-led Coalition campaigned on a policy that, if elected to government, they would "stop the boats" and would launch Operation Sovereign Borders, combining the resources of multiple government bodies under direct control of a
three star general
. Following the election, Angus Campbell was promoted and appointed to oversee the operations.
[5]
Following the 2013 election, the portfolio of the
Minister for Immigration
was renamed as the Minister for Immigration and Border Protection. The appointed ministers, initially
Scott Morrison
and subsequently
Peter Dutton
, refused to release information on asylum seeker boat arrivals as they occurred,
[6]
and a weekly media briefing was announced.
[7]
[8]
In January 2014, having not held a media briefing for almost a month, Morrison announced that briefings would be held on what he described as "an as needs basis".
[9]
On 10 July 2014, Morrison stated that the secrecy policy was put in place by Lieutenant General Campbell, which had been rigorously implemented by ministers, their advisers, and various government departments.
[10]
Policy proposals
[
edit
]
Regional Deterrence Framework
[
edit
]
On 23 August 2013, during the election campaign, the Coalition announced a key component of Operation Sovereign Borders called the Regional Deterrence Framework.
[11]
Budgeted at A$420 million, the RDF aimed to engage with other countries in the region, particularly
Indonesia
, to prevent asylum seeker vessels leaving for Australia. The framework included a $20 million proposal (titled "The Indonesian community engagement programme") which was to include:
[12]
- Communications campaigns to raise awareness within local villages that people smuggling is a criminal activity;
- A capped boat buy-back scheme that was to provide an incentive for owners of decrepit and dangerously unsafe boats to sell their boats to government officials rather than people smugglers;
- Support for wardens in local communities, whose role was to be to provide intelligence information to the
Indonesian National Police
on people smuggling operations;
- the option in exceptional circumstances for bounty payments for the provision of information resulting in significant disruptions or arrests leading to convictions.
The "buy-the-boats" plan was widely ridiculed,
[13]
with
fact-checking
group
PolitiFact
Australia
[14]
calling the proposal "ridiculous".
[15]
Lieutenant General Campbell told a
Senate
Estimates committee that, two months into the OSB program, no boats had been purchased because Indonesia did not support the idea, although he stated that the measure remained available.
[16]
Communication campaign
[
edit
]
An example of an advertisement in the campaign
The government runs a "communication campaign to counter people smuggling" with advertisements in multiple languages,
[17]
targeting "press, radio, social and search media" across Australia. Between January and May 2015, $750,000 had been spent on the campaign.
[18]
Structure
[
edit
]
Operation Sovereign Borders operates as a Joint Agency Taskforce (JATF), with the support of a range of government agencies, organised as three operational task groups:
[19]
Commanders
[
edit
]
Rank
|
Name
|
Post-nominals
|
Service
|
Term began
|
Term ended
|
Lieutenant General
|
Angus Campbell
|
DSC
,
AM
|
Army
|
18 September 2013
|
16 May 2015
|
Major General
|
Andrew Bottrell
|
CSC
&
Bar
,
DSM
|
Army
|
16 May 2015
|
1 February 2017
|
Air Vice Marshal
|
Stephen Osborne
|
AM
,
CSC
|
RAAF
|
1 February 2017
|
14 December 2018
|
Major General
|
Craig Furini
|
AM
,
CSC
|
Army
|
14 December 2018
|
28 August 2020
|
Rear Admiral
|
Lee Goddard
|
CSC
|
RAN
|
28 August 2020
|
11 December 2020
|
Rear Admiral
|
Mark Hill
|
AM
,
CSC
|
RAN
|
15 December 2020
|
4 February 2022
|
Rear Admiral
|
Justin Jones
|
CSC
|
RAN
|
4 February 2022
|
10 January 2024
|
Rear Admiral
|
Brett Sonter
|
|
RAN
|
10 January 2024
|
Incumbent
|
Outcomes
[
edit
]
Immigration Detention Population to December 2014
Abbott's government claimed a ninety per cent reduction in maritime arrivals of asylum seekers.
[20]
There were 207 in November 2013, as opposed to 2,629 in November 2012.
[21]
[22]
[23]
In response,
Shadow Minister for Immigration and Border Protection
Richard Marles
claimed there was a 40 per cent reduction in arrivals in the month following the introduction of the Regional Resettlement Arrangement with
Papua New Guinea
, shortly before the 2013 election.
On 19 June 2014, the Government announced that it had been six months since the last successful boat arrival.
[24]
July 2014: Legal challenge
[
edit
]
On 7 July 2014, a vessel containing 153 mostly
Tamil
asylum seekers from
Sri Lanka
was intercepted by Australian authorities 27 kilometres (15 nmi) from
Christmas Island
. The government refused to confirm the existence, location, or status of the boat, until the
High Court
placed an injunction on any attempted
refoulement
of the vessel's passengers to
Sri Lanka
, while the full bench of the Court considered a challenge to the handover on the grounds that the government was breaching
non-refoulement
obligations under
international law
.
[25]
Under Article 33 of the UN
Convention Relating to the Status of Refugees
, to which Australia is a signatory, this principle forbids a nation state from sending a refugee back to anywhere where they may face persecution.
[26]
Pre-empting the decision of the court, Minister for Immigration and Border Protection Morrison announced that the people on the boat would be transferred to the
Curtin Immigration Reception and Processing Centre
in
Western Australia
, where they would be assessed by Indian consular officials under an arrangement made with that country to repatriate any
Indian
citizens or residents.
[27]
On 2 August, Morrison announced that the group had refused to meet with
Indian
officials and were then transferred to the
Nauru Regional Processing Centre
.
[28]
The government's response was to rush through Parliament the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014, which was passed by both Houses in December 2014, placing border policing ahead of asylum seeker rights as expressed in UN Convention.
[29]
Turnback operations
[
edit
]
The number of arrivals given in OSB operational updates is defined as those "transferred to Australian immigration authorities",
[32]
and does not include arrivals in Australian territorial waters who have been subject to a turnback operation?that is, sent out of Australian waters on their own vessel, or an Australian vessel employed for this purpose.
[33]
As of 7 February 2014,
The Australian
newspaper estimated that at least "six boatloads" of asylum seekers had been subject to turnbacks by OSB authorities.
[34]
On 15 January 2014, an orange fibreglass "survival capsule", containing about 60 asylum seekers, came ashore at Cikepuh in
West Java
. A second containing 34 people arrived at
Pangandaran
on 5 February.
[35]
The
Daily Telegraph
reported that the Australian government was believed to have purchased eleven of the capsules from Singapore at a cost of around $500,000.
[36]
In May 2014, Australia was alleged to have placed two persons who had arrived earlier in the year onto a boat with other asylum seekers which was turned back to Indonesia.
In January 2015, Minister Dutton announced that 15 vessels, containing 429 asylum seekers in total, had been subject to turnback operations of some kind towards Indonesia or Sri Lanka since the beginning of OSB.
[38]
In May 2015, Australian authorities allegedly paid Indonesian boat crew to return 65 asylum seekers to Indonesia. This and other turnbacks like it could be seen as tantamount to people smuggling against origin and transit countries.
[39]
In July 2015,
Labor
Shadow Minister Richard Marles conceded that "Offshore processing and regional resettlement, together with the Coalition's policy of turn-backs, is what actually stopped the boats."
[40]
On 6 August 2015, the new immigration minister Peter Dutton announced it had been 12 months since the last successful people smuggling operation, with the last
SIEV
arriving in Australia's care in July 2014. The
ABC News
'
Fact Check
subsequently listed the Coalition's "We Will Stop the Boats" promise as delivered.
[41]
In August 2015, Dutton stated that, since December 2013, 633 people on 20 vessels have been subject to turnback operations, including a boat from
Vietnam
in July.
[42]
In March 2016, Dutton stated that 698 people on 25 vessels had been turned back since the beginning of the OSB program.
[43]
Resettlement
[
edit
]
| This section needs to be
updated
.
Please help update this article to reflect recent events or newly available information.
(
March 2019
)
|
In 2014, the status of asylum seekers sent to offshore processing centres in
Nauru Regional Processing Centre
and
Manus Regional Processing Centre
was decided: 13 people (9 people from
Iran
and 4 people from
Pakistan
) were granted
asylum
, while 7 people (from Iran, Pakistan, and
Cameroon
) received negative assessments. The asylum protection in Nauru was valid from 2014 for up to 5 years.
[44]
As of 2015
[update]
, more than 400 people who had their refugee claims rejected had been returned home from the Australian-run detention centre in Papua New Guinea, some of which did so voluntarily.
[45]
Response
[
edit
]
Indonesian response
[
edit
]
The
Indonesian government
has voiced concern over the operation due to its implications for Indonesia's
national sovereignty
.
[46]
[47]
A member of the
Golkar
party,
Tantowi Yahya
, described the plan as "offensive", and officials from the
Indonesian Navy
said "forcing the boats back would also unfairly shift the burden of dealing with the asylum-seeker problem back on Indonesia".
[48]
The policy also came under fire from refugee advocates.
[49]
On 26 September 2013,
Indonesian Foreign Minister
Marty Natalegawa
took the "unusual step" of releasing details of his talks about the policy with his Australian counterpart
Julie Bishop
,
[50]
which was later blamed on a clerical error.
[51]
Australia has apologised for violating Indonesian waters during their "tow back" operations.
[52]
These incursions occurred after
Chief of the Defence Force
David Hurley
stripped naval personnel of workplace safety protections that would have required them to exercise "reasonable care" to protect their safety and that of the refugees.
[53]
On 21 January 2014, Customs (now Australian Border Force) and Defence announced that a joint review would be conducted to investigate the circumstances under which Australian naval vessels entered Indonesian territorial waters.
[54]
The inquiry, which covered the period between 1 December 2013 and 20 January 2014, found that two
Royal Australian Navy
frigates had crossed into Indonesian territory four times during the period, while Customs vessels did so on another two occasions.
[55]
In response, one Australian Navy officer lost his command, while several others were disciplined.
[56]
Indonesia has responded to the incursions by deploying military assets to intercept people-smuggling boats.
[57]
[58]
Media response
[
edit
]
Several journalists and media outlets have expressed concern and frustration over the tightly controlled release of information about Operation Sovereign Borders, usually restricted to the weekly briefings held on Friday afternoons. In the weekly briefings, both Minister Morrison and Lieutenant General Campbell have refused to discuss "operational" or "on-water" matters in response to questions from journalists. The Minister has rationalised the control of information by stating that the government was not "operating a shipping news service for people smugglers".
[59]
Allegations of navy mistreatment
[
edit
]
On 22 January 2014, the ABC broadcast allegations that Royal Australian Navy personnel had mistreated asylum seekers during an OSB operation, including video footage of passengers receiving medical treatment in Indonesia for burns on their hands, which they claimed were sustained when they were forced to touch a hot boat engine.
[60]
Morrison downplayed refugee claims of being abused by the Navy, and called for the ABC to apologise to the Navy.
[61]
The ABC's
Media Watch
program opined that
ABC News
had "over-reached" when reporting the story, and should have been more thorough in verifying the claims.
[62]
On 4 February, ABC managing director
Mark Scott
issued a statement saying "The wording around the ABC's initial reporting needed to be more precise on that point", referring to the video footage verifying the injuries but not how they had occurred.
[63]
On 7 February, Yousif Ibrahim Fasher repeated the initial allegations, as well as several further claims of mistreatment and possible breaches of maritime law in an interview with a
Fairfax
correspondent.
[64]
Political focus on boat arrivals
[
edit
]
Immigration law specialists, academics and others have criticised the political over-use of border control in general to win votes, and in particular of the exaggerated focus on boat arrivals being a danger to security and bringing illegal immigrants, when in fact the vast majority of illegal immigrants arrived by plane, with valid visas initially.
[65]
[66]
United Kingdom
[
edit
]
The "Stop the boats" slogan and approach for Operation Sovereign Borders has become increasingly more popular in the United Kingdom over recent years due to the surge in illegal migrant numbers crossing via small boats.
[67]
See also
[
edit
]
References
[
edit
]
- ^
Keane, Bernard (25 July 2013).
"Military reshuffle: Abbott's 'Operation Sovereign Borders'
"
.
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.
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. Archived from
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on 3 March 2016
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2013
.
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.
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.
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.
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.
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2024
.
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.
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.
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- ^
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.
- ^
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.
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- ^
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.
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- ^
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.
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.
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.
- ^
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.
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.
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2016
.
- ^
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"
.
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.
- ^
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.
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.
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.
- ^
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.
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.
- ^
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.
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.
- ^
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.
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.
- ^
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(29 November 2013).
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.
Herald Sun
.
- ^
"Deterrents and punishments do not work to stop boats"
.
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on 3 December 2013
. Retrieved
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2013
.
- ^
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.
ABC News
. Australia. 29 November 2013.
- ^
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.
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. Retrieved
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.
- ^
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.
The Age
. Retrieved
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.
- ^
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.
Unhcr
. Retrieved
30 July
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.
- ^
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.
SBS News
. Australia. 25 July 2014
. Retrieved
1 August
2014
.
- ^
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.
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. Retrieved
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.
- ^
Marmo, Marinella; Giannacopoulos, Maria (11 October 2017).
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.
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.
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.
- ^
Swan, Jonathon (31 January 2014).
"Asylum seeker transferred to Christmas Island, ending six-week period without any arrivals"
.
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. Retrieved
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.
- ^
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"Tamil asylum seekers: 80% reported showing signs of torture and trauma"
.
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. Australia
. Retrieved
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.
- ^
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"Australian Immigration Minister talks tough to asylum seekers"
.
ABC News
. Australia
. Retrieved
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2014
.
- ^
Glenday, James (4 February 2014).
"Asylum seekers: Releasing Operation Sovereign Borders details not in the national interest, Scott Morrison tells Senate committee"
.
ABC News
. Australia
. Retrieved
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.
- ^
Maley, Paul; Taylor, Paige (7 February 2014).
"At least six boatloads of asylum-seekers have been turned back to Indonesia"
.
The Australian
. Retrieved
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.
{{
cite news
}}
: CS1 maint: multiple names: authors list (
link
)
- ^
Toohey, Paul (7 February 2014).
"Inside the Sovereign Borders Turn-back Lifeboat"
.
news.com.au
. Retrieved
12 February
2014
.
- ^
"Second asylum lifeboat sent back to Indonesia under Operation Sovereign Borders"
.
Daily Telegraph
. Australia. 7 February 2014
. Retrieved
12 February
2014
.
- ^
"Australia confirms 15 boats carrying 429 asylum seekers have been turned back"
.
The Guardian
. Australia. 28 January 2015
. Retrieved
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2015
.
- ^
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.
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.
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.
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.
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.
- ^
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.
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. Retrieved
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.
- ^
"Promise check: We will stop the boats"
.
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. Australia. 14 May 2015
. Retrieved
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.
- ^
Hasham, Nicole (6 August 2015).
"In a rare disclosure, Abbott government admits turning back 633 asylum seekers"
.
The Sydney Morning Herald
. Retrieved
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.
- ^
Anderson, Stephanie (17 March 2016).
"Fewer than 30 refugees resettled since November as part of 12,000 agreed in Syria, Iraq deal"
.
ABC News
. Australia
. Retrieved
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.
- ^
"Nauru and PNG begin granting refugee status for asylum seekers ? Pacific Beat"
.
Radio Australia
. June 2023.
- ^
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.
Yahoo!7
. 28 January 2015.
- ^
Bachelard, Michael
(18 September 2013).
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.
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. Retrieved
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.
- ^
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.
Brisbane Times
. Retrieved
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.
- ^
Sihite, Ezra.
"Golkar Latest Critic of Abbott's Asylum Line"
.
Jakarta Globe
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.
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Silby, Murray.
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.
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.
- ^
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.
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.
- ^
Norman, Jane (27 September 2013).
"Indonesia says email about talks between Marty Natalegawa and Julie Bishop sent to media by mistake"
.
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.
- ^
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.
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. 17 January 2014
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.
- ^
Wroe, David (15 January 2014).
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.
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Murphy, Katharine (22 January 2014).
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.
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.
- ^
McPhedran, Ian
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.
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.
- ^
Griffiths, Emma (18 April 2014).
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.
ABC News
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.
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"Indonesia warship deployment ensures 'border properly protected' ? minister"
.
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.
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Alford, Peter (29 January 2014).
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.
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.
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- ^
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.
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.
- ^
Jabour, Bridie; Murphy, Katharine (21 January 2014).
"Scott Morrison says burns allegations amount to 'sledging' of Australian navy"
.
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.
- ^
"Truth, trust and treachery"
(transcript)
.
Media Watch
. 3 February 2014
. Retrieved
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.
- ^
Knott, Matthew (4 February 2014).
"ABC head Mark Scott admits mistakes over report claiming navy inflicted asylum seeker burns"
.
The Sydney Morning Herald
. Retrieved
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2014
.
- ^
Bachelard, Michael (7 February 2014).
"Investigation: 'burned hands' on the high seas"
.
The Sydney Morning Herald
. Retrieved
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2014
.
- ^
Crock, Mary; Ghezelbash, Daniel (15 February 2019).
"It's high time we stopped playing politics with migration laws (Opinion)"
. Australian Broadcasting Corporation news
. Retrieved
21 March
2019
.
- ^
Collins, Jock (21 March 2019).
"Six facts that tell a different immigration story than we hear from politicians(Opinion)"
. Australian Broadcasting Corporation news
. Retrieved
21 March
2019
.
- ^
Sandford, Daniel (4 January 2023).
"What does Rishi Sunak's promise to stop the boats mean?"
. British Broadcasting Corporation news
. Retrieved
4 February
2023
.
Further reading
[
edit
]
- Phillips, Janet; Spinks, Harriet (23 July 2013).
"Boat arrivals in Australia since 1976"
.
Parliament of Australia
.
[The] background note provides a brief overview of the historical and political context surrounding boat arrivals in Australia since 1976.
External links
[
edit
]
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