Why does australia have detention centres

Importantly, the onshore arrangements for application and independent review through the Refugee Review Tribunal RRT system now applied to all people seeking asylum in Australia, regardless of their mode of arrival.

The decision that many IMAs boat arrivals would now be released on bridging visas just like non-IMAs air arrivals , together with the decision that there would be a return to a single protection visa processing system for IMAs and non-IMAs was a significant departure from previous arrangements.

As mentioned earlier, as at 31 October , 39 per cent of the detention population had been in detention for more than 12 months, but by 31 December the proportion of those in detention for more than 12 months had dropped to 8. In November the Minister for Immigration and Citizenship announced that due to the large number of arrivals in , people who arrived after 13 August would not necessarily be transferred offshore.

However they would still have the 'no advantage' principle applied to their cases onshore and if found to be refugees, may not be issued with permanent protection visas but instead could be issued with bridging visas without work rights:.

Mr Bowen said given the number of people who had arrived by boat since 13 August, it would not be possible to transfer them all to Nauru or Manus Island in the immediate future. They will not however be issued with a permanent Protection visa if found to be a refugee, until such time that they would have been resettled in Australia after being processed in our region,' Mr Bowen said.

On 16 October the Gillard Government also announced an independent review process for those assessed to be refugees, but not granted a permanent protection visa as a result of an adverse security assessment ASA.

Mandatory detention has been the subject of vigorous debate since it was introduced in , igniting great passion in both its supporters and detractors. Numerous reports on the pros and cons of mandatory detention, from both the government and non-government sectors, have been produced since the policy was introduced in In the Joint Standing Committee on Migration conducted an inquiry into immigration detention, following public concern regarding the mandatory detention of unauthorised arrivals seeking refugee status.

A Report from the Human Rights and Equal Opportunity Commission HREOC on the policy of mandatory detention argued that the policy breached international human rights standards and that when detention was prolonged many of the conditions in which people were detained became unacceptable.

The report also called for children and other vulnerable people to be detained only in exceptional circumstances. Boat persons represent about 0. Management of boat persons is thus in the order of one thousand times more resource-intensive than the reception of ordinary arrivals.

In such an environment there are clear risks to the economy and efficiency of operations. The fact that DIMA had no explicit responsibility for monitoring whole of government costs of the management of boat people means that one of the pre-conditions for the control of these risks is missing.

In , former Secretary of the Department of Foreign Affairs, Philip Flood, was asked by then Minister for Immigration and Multicultural Affairs, Philip Ruddock, to undertake an inquiry into immigration detention procedures.

In his report he expressed concerns over conditions throughout the detention system particularly in the remote centre at Woomera and documented several instances of psychiatric problems, self harm and sexual, verbal and physical abuse of children in Villawood, Woomera, Curtin and Port Hedland immigration detention centres. The report recommended that in its management of long-term detainees the Department should ensure that children are not held in detention for long periods at Woomera and that processing times for TPVs be reduced.

The report of a national inquiry into children in immigration detention , which was scathing in its criticism of the mandatory detention of children.

The Inquiry found that:. The Inquiry further found that children in long term immigration detention were at risk of serious psychological harm, and that failure to remove children from detention with their parents constituted cruel, inhumane and degrading punishment.

In July the Inquiry into the circumstances of the immigration detention of Cornelia Rau the Palmer Report reported on the wrongful detention of Ms Rau. On 5 June the Joint Standing Committee on Migration was asked to conduct an inquiry into immigration detention at a time when there were very few unauthorised boat arrivals—only three boats arrived in —08 and there were only people in immigration detention in Australia on 6 June The presumption of detention that defined the policy of the previous Government has shifted to an assumption of release following minimum checks.

The onus will be on the Department of Immigration and Citizenship to demonstrate that detention is necessary. This Committee welcomes the announcement of these values and the commitment of the current Australian Government to a fairer and more humane system for asylum seekers and others who are detained in immigration custody Hopefully this will be not just a new beginning for people held in detention, but for Australian society in determining the detention time, nature and treatment of those who come to our shores.

However, the third report published after an increase in the arrival of people by boat noted that there were still serious concerns regarding the well-being of detainees both on the mainland and on Christmas Island:.

The Committee acknowledges that the Australian Government has made positive steps to introduce more appropriate and humane accommodation and facilities through immigration residential housing and immigration transit accommodation. However, the standard of the accommodation and facilities provided at immigration detention centres was of a serious concern, particularly Stage 1 at Villawood and the Perth immigration detention centre.

The primary concern of immigration authorities should be one of care for the well-being of detainees. After the Joint Standing Committee on Migration completed its inquiry into immigration detention the debate intensified due to the increase in the arrival of asylum seekers by boat and the corresponding rise in the number of immigration detainees on Christmas Island and in onshore detention centres. These have included six deaths in detention five of which appear to have been the result of suicide , suicide attempts, serious self-harm incidents including lip-sewing, riots, protests, fires, break-outs and the use of force against people in detention on Christmas Island by the Australian Federal Police.

These incidents have occurred in the context of a detention network that is under serious strain due to a number of factors, but most importantly because thousands of people are being held in detention facilities for long periods of time. As of 11 March there were people, including children, in immigration detention in Australia— on the mainland and on Christmas Island.

More than half of those people had been detained for longer than six months, and more than people had been detained for longer than a year.

In June , a parliamentary inquiry into the detention network was established. The inquiry was initially proposed by the Opposition to draw attention to increasing levels of unrest and outbreaks of violence in detention centres.

Following some negotiation concerning its terms of reference, the motion to establish the inquiry was passed with the support of both the Greens and the Government. In the AHRC published another highly critical report, Immigration detention on Christmas Island , reiterating concerns outlined in previous reports. Since the s the detention of asylum seekers in often remote locations has received a great deal of public attention.

In particular, the duration and conditions of their detention have been controversial issues that have plagued successive governments beginning in the early s when there were several hunger strikes, rooftop demonstrations and suicide attempts at Villawood and Port Hedland.

The issue of providing additional and appropriate accommodation to avoid overcrowding and a deterioration of conditions was a significant challenge for the Howard Government with the surge in boat arrivals in the late s and is proving to be the case again for the Labor Government following a surge in arrivals since —both governments have responded by making provisions for additional accommodation.

For the Howard Government, the conditions in detention centres, prolonged detention and the physical and psychological effects on detainees on Nauru and in onshore detention facilities, particularly Woomera, attracted a great deal of criticism. In the Howard Government funded researchers at the University of Wollongong to study the long-term effects of immigration detention on those detained. Published in , the study showed that asylum seekers suffered more serious physical and mental health problems than those detained for a shorter length of time and for different reasons such as visa overstayers waiting to depart the country.

Refugee advocates and other stakeholders have also been critical of the mandatory detention regime that has continued under the Rudd and Gillard Governments. Since , overcrowding has placed extreme pressure on infrastructure and the detention network generally and DIAC has struggled to adequately house the various different groups of detainees.

On 29 July , the then Commonwealth Ombudsman announced that his office would initiate an investigation into suicide and self-harm in Australian immigration detention facilities in response to growing concerns about the impact of long-term detention on the ongoing mental health of detainees. On 29 November , the Government released an independent report the Hawke report commissioned by the Minister for Immigration and Citizenship to review incidents of unrest at the Christmas Island and Villawood detention centres earlier in In February , the Australian National Audit Office ANAO released its audit report on the management of detention centres, Individual management services provided to people in immigration detention.

Immigration detention is one of the most complex, controversial and debated areas of government policy. Over the past three years, the number of people in immigration detention has increased significantly. Over the same period, the total number of immigration detention facilities in Australia and on Christmas Island increased from nine to 19….

Managing the changes to the immigration program, including policy changes and the rise in the number of irregular maritime arrivals, has been challenging for DIAC and the service providers. Since mandatory detention was first introduced there have been specific concerns expressed over the duration of detention experienced by many asylum seekers. As early as , the Joint Standing Committee on Migration noted that:. The long term detention of certain unauthorised border arrivals has generated widespread community concern.

While the Committee recognises that various factors have contributed to the length of detention which has been endured by those unauthorised arrivals who have landed in Australia since November , there is broad agreement that the long term detention of asylum seekers is inappropriate and unacceptable.

As noted previously, then Minister, Gerry Hand, explained on the introduction of mandatory detention in that the Government did not intend to detain people indefinitely and, initially, a time limit was given:. Australia will, of course, continue to honour its statutory and international obligations as it always has done. Any claims made by these people will be fully and fairly considered under the available processes, and any persons found to qualify for Australia's protection will be allowed to enter.

Until the process is complete, however, Australia cannot afford to allow unauthorised boat arrivals to simply move into the community. The Government has no wish to keep people in custody indefinitely and I could not expect the Parliament to support such a suggestion.

Honourable members will note that the amendment calls for custody for a limited period. The period provided for in the amendment is days—this translates into nine months. However, the day 9 month time limit was subsequently removed by the Migration Reform Act and, with indefinite detention permitted under Australian law, many instances of prolonged detention have occurred over the years.

Those detained for overstaying their visa or awaiting removal following a visa cancellation are typically detained for only a short period—asylum seekers on the other hand are often detained for several months, in some cases years. In the average length of stay in immigration detention was With the rapid increase of asylum seekers arriving by boat in —, the rate of processing slowed again and by the end of December , of the people in detention, 18 per cent had already been detained for a year or more.

In recent times the duration of detention has again become an issue of concern. When the surge in boat arrivals began in late , asylum applicants were initially processed and released from detention relatively quickly.

However, as more and more people arrived processing times began to increase and the period of time people were spending in detention began to drag out once again. The situation was exacerbated by the freeze on processing for applicants from Sri Lanka and Afghanistan which was imposed by the Rudd Government in April So, it would seem that many asylum seekers in detention continued to face periods of lengthy detention as they did during the Howard Government.

The number of boat arrivals who spent more than 12 months in detention increased significantly with the subsequent strain on the detention network adding to processing delays. As mentioned previously, long periods spent in detention contributed to high levels of unrest in detention facilities under the Howard Government and unrest and security incidents have escalated in mainland detention centres and on Christmas Island under the Gillard Government.

A number of stakeholders, including the Refugee Council of Australia, have expressed significant concerns over the levels of unrest in response to lengthy detention periods and the effects it may have on detainees.

Over 30 key health and mental health organisations and mental health advocates are demanding the Government urgently review the standards of mental health care in all immigration detention centres. This issue is urgent and action needs to be taken now It is clear that conditions inside detention centres are unacceptable.

York, Barry. National Inquiry into Children in Immigration Detention - 3. Undated website. State of World Population International Migration United Nations. December Statistical Yearbook Table Indicators of host country contributions. Key Indicators of the Labor Market. Total Unemployment. International Human Development Indicators. Attitudes and Perceptions Detention for deterrence "Some submitters [to the Parliamentary Committee] expressed the belief that the harsh and indefinite conditions of detention at the RPCs represented a deliberate policy on the part of the Australian Government to deter others from the attempt to come to Australia by boat.

Parliament of Australia. Social Policy Section. The longest serving detainee, Peter Qasim, is released. Department of Immigration and Border Protection. No Z. Yes H. Yes Z. No H. No N. Yes M. Davey and M. Yes Y. Included Y. It should also ensure that persons in need of international protection, children and families with children are not detained or, if at all, only as a measure of last resort, after alternatives to detention have been duly examined and exhausted, when determined to be necessary and proportionate in each individual case, and for as short a period as possible.

The State party should also continue and redouble its efforts with a view to expanding the use of alternatives to closed immigration detention. It should also adopt all necessary measures to ensure that stateless persons whose asylum claims were refused and refugees with adverse security or character assessments are not held in detention indefinitely, including by resorting to non-custodial measures and alternatives to closed immigration detention.

The State party should implement the recommendations of the HumanRights andEqualOpportunity Commission in this regard. Detention should be used as a measure of last resort only and a reasonable time limit for detention should be set; furthermore, non-custodial measures and alternatives to detention should be made available to persons in immigration detention; b Take urgent measures to avoid the indefinite character of detention of stateless persons.

The State party should also regularly evaluate the training provided. In particular, the State party should: a Ensure that children are nota utomatically detained in the context of immigration and that detention is only used as a measure ofl ast resort and for the shortest appropriate period of time; b Seek an assessment by a court or an independent tribunal within 48 hours of the detention of a child in the context of immigration of whether there is a real need to detain that child; c Improve considerably the conditions of children in immigration detention when such detention is considered necessary and in the best interests of the child, and bring them into line with international standards; d Guarantee periodic review of the detention of children detained in the context of immigration;.

The Committee recommends that the State party inform all detainees oft heir legal rights, including their right to seek legal counsel. University of Ottawa. Australian Catholic Migrant and Refugee Office, www. Center for Citizenship and Human Rights, www. Children Out of Detention Chilout , www. Refugee Council of Australia, www. Skip to content. Featured Report. Overview December Australia arguably has the most restrictive immigration control regime in the world, making widespread use of offshore detention facilities, imposing mandatory detention measures, and working closely with other countries in the region to boost their detention capacities.

Detention Policy History and Politics Early history. Controversies and Criticism A number of official inquiries and investigations into immigration detention conditions were conducted between and Detention Facility Details The Christmas Island Immigration Detention Centre was opened in to provide accommodation for a surge in unauthorized boat arrivals.

References The Age. Reported Population Day. Total Immigration Detention Capacity. Criminal Prison Population Year. Percentage of Foreign Prisoners Year. Prison Population Rate per , of National Population. International Migrants Year. International Migrants as Percentage of Population Year. Refugees Year. Ratio of Refugees Per Inhabitants Year. New Asylum Applications Year. Refugee Recognition Rate Year. Stateless Persons Year. Remittances to the Country.

Remittances From the Country. Unemployment Rate. World Bank Rule of Law Index. Attitudes and Perceptions Detention for deterrence. No The Australian Constitution Detention-Related Legislation. Migration Act, Additional Legislation. Maritime Powers Act No. Australian Border Force Act , No. Detention to prevent unauthorised entry at the border. Detention for unauthorised entry or stay. Unaccompanied minors Provided Yes. Accompanied minors Provided Yes. Mandatory Detention.

Yes All apprehended non-citizens who do not have proper documentation. Yes Persons who request asylum upon arrival at a port of entry. Yes Executive discretion. No Limit: Yes. Average Length of Immigration Detention.

Number of Days: Recorded Length of Immigration Detention. Apprehending Authorities. Detention Facility Management. Queensland Department of Corrective Service Governmental. Information to detainees Yes. Have cases of COVID been reported in immigration detention facilities or any other places used for immigration detention purposes? Ratification Year. Observation Date. Ratio of relevant international treaties ratified. Treaty Reservations. Reservation Year. CRC Article 37 Individual Complaints Procedures.

Acceptance Year. CAT, declaration under article 22 of the Convention Ratio of Complaints Procedures Accepted. Treaty Body Decisions on Individual Complaints. Relevant Recommendations Issued by Treaty Bodies. Recommendation Year. Committee on Economic, Social and Cultural Rights Committee on the Rights of the Child In particular, the State party should: a Ensure that children are nota utomatically detained in the context of immigration and that detention is only used as a measure ofl ast resort and for the shortest appropriate period of time; b Seek an assessment by a court or an independent tribunal within 48 hours of the detention of a child in the context of immigration of whether there is a real need to detain that child; c Improve considerably the conditions of children in immigration detention when such detention is considered necessary and in the best interests of the child, and bring them into line with international standards; d Guarantee periodic review of the detention of children detained in the context of immigration; Human Rights Committee Yes Common law.

World Legal Systems. Tweets by migradetention. Many have languished there for years because Australia hardened its immigration law in to deny resettlement visas to asylum seekers who arrive by boat.

Australia argues its policies are justified because they prevent deaths at sea. But offshore and indefinite detention has been widely criticised as harmful, inhumane and in breach of international law. Experts say the closure of the PNG facilities had been expected as Canberra had not sent new asylum seekers there in recent years.

Manus Island: Australia's Guantanamo? Australia migrant camp in PNG 'illegal'. The refugee author who spent six years detained on PNG. The health and safety of detainees, staff and visitors remains our key priority. The current status of the Immigration Detention Visitor Program is summarised in the table below. Applications for all types of visitors are available at IDFs where visits have recommenced and are not affected by COVID temporary visitor suspensions.

All visitors are required to comply with the Conditions of Entry, including enhanced safety measures such as physical distancing and screening measures. There may be fewer in-person bookings available as we apply necessary safety measures. Visits for each detainee will be managed fairly. We continue to monitor the situation closely and will follow the advice of the relevant health authorities to ensure the safety of detainees, staff and visitors. Our intention is to continue to gradually increase capacity and reduce restrictions when it is safe to do so.

The ABF continues to encourage members of the community to communicate with detainees through phone calls, skype or other audio-visual tools. Detainees have access to landline telephones and can make calls to Australian phone numbers free of change. Detainees also have unrestricted access to personal mobile phones and can obtain phone cards utilising existing Individual Allowance Program point arrangements.

COVID-safe procedures apply to all in-person visitors, including professional and official visitors. Yes, however this is subject to change at short notice if an increased risk of COVID is identified. Furthermore, all visitors who request to visit an IDF must abide by the conditions of entry.

We may have had to reduce the number of visitor sessions available to allow for physical distancing in the visits area. We know this may be frustrating but please remember, we are taking these precautions to keep everyone safe. Detainees in operational or medical quarantine, as well as clinical isolation, will not be able to receive visitors until their isolation or quarantine has finished. If you do not comply with the Conditions of Entry, including safety measures and instructions from staff, your visit may be refused or terminated and may negatively impact the approval of any application you make for future visits.