This thesis examines how Australia’s Offshore detention policy in Nauru contributes to the violation of the principle on non-refoulement under international law via the systemic mistreatment of asylum seekers.  This research draws from Critical Legal Studies (CLS) and Securitization Theory to illustrate how domestic legal frameworks clash with International Law as it lacks neutrality, this seen through the Australian Migration Act. This is interpreted as a tool that legitimizes exclusion and shifts accountability. Through legal doctrinal analysis and illustrative case studies, such as reports from Naurus Regional Processing Center (RPC3), this thesis examines how asylum is securitized and externalized to avoid accountability and shift responsibilities for the violations attached to this policy. This research explores this as constructive refoulement, which is enabled by Australia’s effective control over offshore detention centers in Nauru despite the territorial factor. Another relevant element is the people centric approach incorporated as the research mainly assess the consequences of systemic abuse.