Asylum seekers on Nauru have been approached about resettlement in Cambodia, in apparent breach of deal specifying only those with refugee status should be considered

This article is more than 5 years old

This article is more than 5 years old

Australian immigration officials have approached asylum seekers within the Nauru detention centre about resettlement in Cambodia, apparently in contravention of the agreement between the two countries.

Last week Australian immigration staff distributed letters to refugees on Nauru offering them a settlement package in Cambodia. The International Organisation for Migration confirmed it was sending an official in anticipation of movements.

The settlement agreement with Cambodia specifies that offers should be made only to people with refugee status. But it is understood that a number of asylum seekers whose refugee status has not been determined have also been approached.

One asylum seeker on the island told Guardian Australia his friend who was “living in OPC2 [the detention centre] and hasn’t got his verdict came to our camp to say goodbye”.

“He said he wants to go to Cambodia, get the money then find another smuggler to go somewhere else,” they said.

Other sources on the island also say Australian immigration staff have been approaching asylum seekers there about settling in Cambodia.

On Monday the immigration minister, Peter Dutton, told ABC radio Australia had approached “a large number of people on Nauru”. His office has not responded to questions about whether this included asylum seekers.

The memorandum of understanding between Cambodia and Australia says Cambodia will offer permanent settlement to people who have “undergone a refugee status determination process in the republic of Nauru and have been determined to be a refugee, and meet the entry and settlement requirements of the kingdom of Cambodia”.

They must have been found to be refugees, must have made a voluntary decision to go to Cambodia and must have their applications considered by Cambodian officials.

“Cambodia will consider a list of names of refugees, and relevant documents of individual cases, including: personal information, health background, records of interviews and refugee status determination, to determine eligible refugees to be settled,” the MOU said.

The United Nations High Commissioner for Refugees (UNHCR), which plays a small part in the arrangements under the MOU, says Cambodia will consider the names of refugees and be provided with documents, and will “share a copy of those documents with the office of the [UNHCR] in Cambodia”.

But a spokeswoman for the UNHCR has told Guardian Australia the organisation had not received copies of any documents from refugees who have agreed to the deal.

The Australian and Cambodian governments have put out conflicting statements about the progress of any potential settlements.

The transfer of refugees to Cambodia was scheduled to begin on Monday, but it has been delayed, in part due to the arrival of Cambodian officials.

On Monday, Dutton said there were logistical issues with officials from Cambodia. If that meant a delay of a couple of days, “then so be it”, he said.

A spokesman for Cambodia’s interior ministry, Khieu Sophea, told Cambodia Daily a delegation was en route to Nauru on Monday. But he said no transfers were imminent.

“We don’t know anyone [who] volunteered so far,” Sopheak said.

The settlement agreement with Cambodia has faced heavy criticism from human rights groups. Unicef has said Australia would be violating the rights of children if transfers went ahead.