Asylum and refugee status in Papua New Guinea

PNG acceded to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol in the 1980s, and on 19 July 2013 withdrew its reservations to parts of the Convention, giving refugees wider rights including work rights. Its National Refugee Policy commits it to recognise refugee rights in national legislation, to support refugees to become self-sufficient and to offer them the opportunity to become citizens. PNG has protected West Papuan refugees since 1963.

ICA states that PNG acceded to the Convention and Protocol in 1987 and in 2008 also acceded to the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. Under its National Refugee Policy PNG works with other countries and international organisations against people smuggling and trafficking, may make arrangements with other countries for processing claims and settling refugees, and sets resettlement targets for refugees with skills needed for national development.

Refugee status determination is set out in legislation. Claims are first assessed by ICA officers, and claimants may be given interpreters and help from refugee law experts to prepare their applications. Under PNG law the Minister for Immigration and Border Security makes the final determination. ICA also assesses whether a person who is not a refugee would face torture, cruel or degrading treatment, arbitrary deprivation of life or the death penalty if removed.

A recognised refugee may apply for a refugee visa and a Certificate of Identity. The refugee visa is permanent and gives freedom of movement and work rights. Because PNG has no extensive welfare system, support focuses on employment; recently arrived refugees may receive language and cultural orientation, case management and help finding work and accommodation.

For West Papuans who have lived in PNG for many years, support focuses on giving them the same rights and legal status as Papua New Guineans through citizenship.

A person initially assessed not to be a refugee is entitled to apply for independent review by a panel of eminent PNG and international lawyers. People finally determined not to be refugees are required to leave Papua New Guinea.