The Australian Government has released its response to recommendations made during the United Nations Universal Periodic Review (UPR), declining to support several key recommendations aimed at strengthening the rights and protections of refugees and people seeking asylum. 

The UPR is a United Nations process that reviews every member state’s human rights record approximately every four to five years.

As part of Australia’s 2026 review, more than 120 countries made 332 recommendations across a broad range of human rights issues. In its response, the Australian Government accepted 128 recommendations, and did not accept 204. 

JRS Australia contributed to the joint civil society submission that informed the review, alongside more than 150 organisations from across Australia, documenting the human rights impacts of Australia’s asylum policies and calling for reforms to ensure Australia meets its international protection obligations. 

These contributions highlighted the ongoing impacts of offshore processing, prolonged and mandatory immigration detention, insecure visa arrangements, barriers to permanent protection, and the exclusion of many people seeking asylum from essential safety nets, such as income assistance and Medicare. 

Among the recommendations the Australian Government did not accept were calls to: 

• uphold the principle of non-refoulement, ensuring people are not returned to countries where they face persecution; 

• end mandatory immigration detention; and 

• end offshore processing arrangements. 

These recommendations reflect longstanding concerns raised by refugee organisations, legal experts and the international community about Australia’s asylum system. 

Widespread failure to address human rights concerns

While the Government did accept recommendations to address the exploitation of migrant workers, the Government declined to accept a range of recommendations across other human rights issues, including raising the age of criminal responsibility, implementing the UN Declaration on the Rights of Indigenous Peoples, legislating a national Human Rights Act, and ratifying outstanding international human rights treaties. 

A comprehensive summary from the Australian Human Rights Commission identified the Australian Government only accepted 39% of recommendations from the UPR: “the lowest rate of acceptance by an Australian Government since the UPR process began 20 years ago. On average, other countries accept approximately 73-76% of all recommendations received.”

Molly Jackson, Acting Head of Policy, Advocacy and Communications at JRS Australia said:

“This decision means people seeking asylum continue to be exposed to policies that cause profound and lasting harm. The toll that perpetual uncertainty, and the fear of being returned to danger, takes on the people we accompany is cruel, and life-altering.”

“For decades, the international community has been clear: Australia’s treatment of refugees and people seeking asylum falls short of the human rights standards we have committed to uphold. This review was another opportunity for Australia to show some leadership, address those gaps, and build a fairer, more humane asylum system. Once again, the Government has turned away from that opportunity.”

Senate Inquiry into offshore processing also disappoints

The Government’s UPR response coincided with the publication of the Senate Inquiry’s report into Australia’s offshore processing and resettlement arrangements on Nauru. The Inquiry received many submissions detailing the experiences of people in our community who survived detention on Nauru.

Despite hearing these testimonies, the Inquiry focused on concerns around transparency and governance alone. It failed to recommend an end to offshore processing, or to address the profound and lasting impacts the policy continues to have on refugees and people seeking asylum.

The legacy of offshore detention is deeply felt among the communities we accompany, who continue to strive for a safe future while being subject to cruel and unnecessary suffering.

A recent report produced by the University of Sydney and the Australian Human Rights Commission, highlights the harm children and young people experience when a parent or caregiver is detained or deported.

We accompany people facing these dangers daily. Ali*, who lives with a disability that requires full-time care, is at risk of transfer to Nauru. He told us:

“Sending me to Nauru would be a death sentence. There is no way I can manage there. Do you think I will survive in Nauru?”

Layla*, who was detained on Nauru with her children, and now lives without permanent status in Australia, described the enduring impact of offshore processing:

“I haven’t had a good day since I was detained by Australia. I feel like I am being punished as if I did a crime.”

Because of her time in offshore detention, Australia continues to bar Layla from settling permanently in Australia, leaving her trapped in legal and existential limbo. You can read more about Layla* and Ali*, whose names have been changed to protect their privacy, in our submission to the Inquiry here.

The path forward

The UPR recommendations provide an important road-map for strengthening Australia’s protection framework and ensuring that domestic laws and policies better reflect our obligations under international refugee and human rights law. 

JRS Australia will continue to work alongside people seeking asylum, refugees and the community, to advocate for reforms that uphold the rights and dignity of everyone seeking safety in Australia. In particular, we urge the Australian Government to: 

• End offshore processing and indefinite detention practices;
• Establish a Royal Commission into immigration detention; and
• Build a fair, humane and rights-based protection system that provides timely refugee status determination, access to essential supports, and permanent pathways to safety for people seeking asylum.