A/HRC/35/25/Add.3 C. Bilateral agreements 18. Australia has signed the agreements outlined in the paragraphs below: 19. A memorandum of understanding between the Government of the Islamic Republic of Afghanistan and UNHCR on migration and humanitarian cooperation (on 17 January 2011) to return Afghans — forcibly or voluntarily. 20. The Regional Resettlement Arrangement with the Government of Papua New Guinea (on 19 July 2013), whereby asylum seekers — currently single males over 18 years of age — arriving irregularly by boat are transferred to Papua New Guinea for processing, refugee determination and resettlement. 21. A memorandum of understanding with Nauru, in respect of single males over 18 years of age, families, women and unaccompanied minors (on 3 August 2013), for processing, refugee determination and resettlement. 22. A memorandum of understanding with Cambodia relating to the settlement of refugees in Cambodia (on 26 September 2014). Australia allocated $A15.5 million to settle refugees from Nauru in Cambodia, with the service provider being the International Organization for Migration. Refugees on Nauru were offered payments of up to $A15,000 as part of the resettlement offer. By November 2015, five refugees had taken up this offer. Reportedly, all five refugees decided to leave Cambodia due to the dire conditions they faced there. D. 1. National legal, institutional and policy framework Legal framework Constitution 23. The Australian Constitution came into effect on 1 January 1901. The Constitution protects five explicit individual rights, such as the right to trial by jury (sect. 80), the right to freedom of religion (sect. 116), and prohibition of discrimination on the basis of State of residency (sect. 117). Legislation 24. There are many legal standards relating to migrants. The most significant pieces of legislation are: (a) The Migration Act 1958, which contains the country’s immigration regulatory framework. It covers control of arrivals and the presence of non-citizens, detention, decision-making processes for granting, refusing or cancelling visas, criminal offences for people-smuggling and other migration-related offences, and a review system for challenging visa decisions. Since June 2013, all non-citizens who arrive anywhere in Australia by sea without a valid visa are unable to make a valid visa application unless the Minister for Immigration and Border Protection lifts the visa application bar. If such a person makes a protection claim, he or she is subject to regional processing arrangements whereby his or her claim is assessed in a regional processing country. This process of ministerial intervention is non-compellable and non-reviewable. In effect, asylum seekers in offshore places are barred from the refugee status determination system that applies on the Australian mainland. The Act was amended in 2005 to affirm that asylum-seeking children should only be detained as a measure of last resort and that children should no longer be detained in immigration detention centres. (b) The Migration Reform Act 1992, which introduced a mandatory immigration detention system for all irregular migrants. The 273-day limit in detention was removed. A system of bridging visas was also introduced to allow persons to be released from immigration detention in certain circumstances. 5