This article is more than 6 years old

This article is more than 6 years old

The Department for Immigration offered repatriation to two Syrian asylum seekers on Manus Island, despite one saying he faced “certain death” if returned, according to leaked case manager documents obtained by Guardian Australia.



The documents show the two Syrians were suffering severe mental health issues at the time they had considered returning to war-torn Syria and raise serious questions about Australia’s commitment to international law.

The International Organisation for Migration (IOM), which works on Manus to facilitate voluntary returns confirmed it does not facilitate repatriation to Syria. The UNHCR, the United Nations’ refugee agency, currently advises that “most Syrians seeking international protection are likely to meet the refugee criteria of the 1951 Refugee Convention” and advises that any displaced Syrian should be offered some form of protection.

According to the documents, one asylum seeker said in January “that he would rather die a martyr in Syria than die a slow death here [Manus] feeling as he does now”.

During the same meeting, the asylum seeker was advised: “DIBP [immigration department] were willing to talk to those people who wished to return home and for whom IOM could not assist with their repatriation.”

The case notes continue that the Syrian asylum seeker “reported that returning home would most likely mean certain death but … reported feeling humiliated by his current situation and feeling ashamed that he was not in his country with his family and friends”.

It also notes a number of “recent tragedies at home affecting family members and friends”.

A second document describing the case of a second Syrian man, relates to a February meeting attended by senior Manus staff, including a DIBP official. The meeting note reads: “DIPB: Have offered transfer option back to Syria however the response has been inconsistent.”

The minutes also note that mental health staff observed the second Syrian was “not taking any responsibility for his own behaviour”, raising serious questions about whether staff were offering to return an asylum seeker unable to make the decision for themselves.

Guardian Australia understands that neither asylum seeker eventually took up the offer of repatriation.

There are estimated to be 6.5 million displaced Syrians, with over two and a half million registered in neighbouring countries, with the UNHCR predicting that by the end of 2014 over 1.5 million Syrian refugees will reside in Lebanon alone.

The UNHCR launched an urgent appeal on Saturday, which marks three years since the start of the war in Syria.

Australia agreed to take 500 Syrian refugees under a UNHCR crisis plan. These 500 form part of the annual refugee quota, which the government pledged to cut from 20,000 places a year to 13,750.

Guardian Australia also understands that there are eight Syrians detained on Nauru, in two family groups, and five Syrians detained on Manus.

A spokesperson for the immigration minister, Scott Morrison, did not respond to questions over whether the offer of transfer back to Syria was in violation of Australia’s non-refoulement obligations under the refugee convention.

“We do not discuss operational matters such as the timing and preparation of any possible removal,” the spokesperson said.

Elaine Pearson, Australia director of Human Rights Watch, said it was “appalling” if the Australian government considered sending asylum seekers back to Syria.

“Instead of pushing desperate people back to places where their lives are in danger, Australia should be offering sanctuary and protection to Syrians. Not dumping them on other countries where they are locked up and remain vulnerable,” she said.

“If Australia is putting pressure on Syrian citizens to return, this is in violation of international law and the principle of non-refoulement – not to return anyone, regardless of status, to a place where they would be persecuted.”