The human rights of refugees and asylum seekers remain a critical global
issue, particularly in the context of fulfilling international obligations by states
parties to the 1951 Geneva Convention and the 1967 New York Protocol. One of
the fundamental principles enshrined in these instruments is the principle of non-
refoulement, which prohibits the return of refugees to territories where their safety
or freedom would be at risk. However, the implementation of the Papua New
Guinea Solution Policy by the Australian Government is deemed to contravene this
principle. This policy involves relocating refugees and asylum seekers to offshore
detention centers, such as those on Manus Island, for the purpose of processing their
asylum applications. This study analyzes the implementation of this policy in
relation to the fulfillment of refugees' and asylum seekers' rights, including the
provision of accommodation, healthcare, legal assistance, and education. However,
significant challenges such as inadequate facilities, limited access to essential
services, and domestic political pressures hinder its effective implementation.
Furthermore, the policy is considered to fall short of international human rights
standards, highlighting its inconsistency with the principle of non-refoulement.
Accordingly, a comprehensive evaluation and reform of this policy are imperative
to ensure the fair and humane treatment of refugees. This research adopts a
normative legal methodology, utilizing a literature review of relevant national and
international laws and regulations. Moreover, interviews with experts in the fields
of law and migration policy were conducted to complement the analysis. The
findings underscore the urgency of revising this policy to uphold the principle of
non-refoulement and ensure compliance with international human rights standards