Lyla Lindsey
Australia's immigration detention facilities have been a source of controversy, with reports of human rights abuses, riots, escapes, and violent clashes. These facilities, operated by private contractors, house people who have overstayed their visas, breached visa conditions, or sought asylum without valid entry visas. While the Australian government is legally obligated to grant entry to those fleeing persecution, its detention policies have faced scrutiny. As of 2023, there were hundreds of refugees and asylum seekers in detention, with over 500 complaints of assault in the previous five years. The current number of individuals in Australian detention centres is unclear, but it has decreased significantly from its peak of 10,201 in July 2013.
| Characteristics | Values |
|---|---|
| Date of latest data | 30 November 2015 |
| Total number of people in immigration detention facilities in Australia | 1,852 |
| Total number of people in community detention in Australia | 585 |
| Number of children in immigration detention facilities | 104 |
| Number of children in community detention | 331 |
| Number of people in detention in Nauru | 543 |
| Number of children in detention in Nauru | 70 |
| Number of adult asylum seekers in detention on Manus Island, Papua New Guinea | 926 |
| Number of people in detention in July 2013 | 10,201 |
| Number of people in detention in January 2009 | 375 |
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What You'll Learn
Who is detained in Australian detention centres?
Australia's Migration Act 1958 requires the detention of people who are not Australian citizens and who are unlawfully in Australia. This includes people who have overstayed their visas, breached their visa conditions, had their visas cancelled, or been refused entry at Australia's entry ports. Under the Act, people arriving without valid visas are classed as unlawful non-citizens and are subject to mandatory detention.
The mandatory detention of asylum seekers has been a popular policy with sections of the Australian electorate. Many of those detained in Australia's detention centres between 1999 and 2006 were asylum seekers from Iraq and Afghanistan, with over 80% of them found to be refugees. In 2015, most people in onshore immigration detention were from Iran, New Zealand, Sri Lanka, China, Vietnam, and Afghanistan.
In addition to those seeking asylum, Australia also detains refugees. In 2016, the Australian government announced its intention to exchange some proven refugees from Nauru and/or Manus Island for certain displaced people in Central America. Offshore detention has been criticised for its harmful effects, including over 14 deaths, medical neglect, child abuse, and physical and sexual assault.
Detainees may be held in designated Alternative Places of Detention (APODs), which can include places such as correctional centres, hospitals, and hotels. As of 31 January 2023, there were 1,061 people in immigration detention facilities, with 516 people living in the community after being approved for residence determination.
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Why are people detained?
Australia's Migration Act 958 requires people who are not Australian citizens and who are unlawfully in Australia to be detained. This includes people who have overstayed their visa, breached their visa conditions, had their visa cancelled, or been refused entry at Australia's entry ports. Under the Migration Act 1958, people arriving in this manner are classed as unlawful non-citizens and are currently subject to mandatory detention. This policy of 'mandatory detention' was introduced in 1992 in response to people from Cambodia arriving by boat. It has particularly affected asylum seekers arriving by boat without passports, identity papers, or valid entry visas.
The Australian government claims that immigration detention is not used to punish people but is an administrative function. People who do not have a valid visa are detained while their claims to stay are considered or their removal is facilitated. The purpose of immigration detention should be to allow the government to conduct health, identity, and security checks. Under international law, a person should not be detained simply to determine their refugee claim.
Despite this claim, prolonged periods of detention have been criticised for causing further damage to individuals who have fled human rights abuses. The detention policy has been characterised as a failure as a deterrent and only successful as punishment. In 2016, the Australian government announced its intention to exchange some proven refugees from Nauru and/or Manus Island for displaced people in Central America. However, the US government's willingness to honour this agreement is uncertain, especially after Trump's executive order suspending entry to the US from several countries.
The Minister can release a person from detention by granting a 'bridging visa', allowing them to live in the community while their visa status is resolved. This power is broad and allows the Minister to grant a visa if they believe it is 'in the public interest' to do so.
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Conditions in Australian detention centres
Australia's detention policies have been deemed the harshest in the world and have been found to breach international law obligations. Under Australian law, if a person without a valid visa is detained, a court can only review the lawfulness of the detention by asking whether the person holds a valid visa. This means that courts cannot independently review whether detention is justified.
Australian immigration detention facilities are located throughout Australia, including on Christmas Island. There are also facilities in Papua New Guinea and Nauru, namely the Nauru Regional Processing Centre and the Manus Regional Processing Centre. These facilities are used to detain people under Australia's policy of mandatory immigration detention. This includes those who have overstayed their visa, breached their visa conditions, or have been refused entry at Australia's entry ports. Under the Migration Act 1958, these people are classed as unlawful non-citizens and are subject to mandatory detention.
The existence of these facilities has been highly controversial, with critics and human rights groups condemning them on human rights grounds and likening them to concentration camps. There have been numerous reports of riots, escapes, and human rights abuses at these facilities, including accusations from Amnesty International, the Australian Human Rights and Equal Opportunity Commission, and Human Rights Watch. Journalists are forbidden from entering the detention centres.
The prolonged periods of detention have been characterised by frustration and insecurity, causing further damage to individuals who have already fled human rights abuses. Critics argue that the detention policy has failed as a deterrent and only succeeded as punishment. There are also concerns about the impact of detention on the mental health of those detained, particularly children.
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Alternatives to detention
Australia has one of the strictest immigration detention regimes in the world, with a system of mandatory and indefinite detention. People who have overstayed their visas, breached visa conditions, or been refused entry at Australian ports are detained in immigration detention centres.
The Australian Human Rights Commission has long advocated for greater use of alternatives to holding people in closed immigration detention facilities. These alternatives allow for the protection of the community from identified risks while ensuring that people are treated humanely and in line with internationally accepted human rights standards.
Community detention
Community detention was introduced in 2005 when the Migration Act 1958 was amended to allow the Minister for Immigration to make residence determinations. Community detention allows people to live in the community while their immigration status is resolved. This can be achieved by transferring people into community detention or granting them bridging visas. Community arrangements give rise to fewer risks to mental health, safety, and well-being, leading to lower rates of suicide and self-harm. There are also very low rates of absconding from community arrangements.
Bridging visas
The Minister can release a person from detention by granting a bridging visa, which allows them to live in the community while their visa status is being resolved.
Alternative Places of Detention (APODs)
APODs can accommodate any person in immigration detention. They may include hospital accommodation for necessary medical treatment, rented accommodation in the community (such as hotel rooms or apartments), or accommodation made available through arrangements with other government departments. While APODs are meant to hold asylum seekers for short periods, many have been detained in hotels for lengthy periods, impacting their mental and physical health.
The use of alternatives to detention ensures that people are treated humanely and that their fundamental rights are respected while also addressing legitimate concerns about community protection.
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The number of people in detention over time
Over the years, there has been a significant change in the number of people in closed detention in Australia. The number peaked in July 2013 at 10,201, which is a stark contrast to the 375 people in detention in January 2009. As of 30 November 2015, there were 1,852 people in immigration detention facilities and 585 in community detention in Australia. This included 104 children in immigration detention centres and 331 children in community detention.
The Australian government has come under fire for its treatment of refugees and asylum seekers, with reports of human rights abuses, violence, and lack of care. In January 2023, the government failed to meet the deadline for implementing its OPCAT obligations, which aim to improve conditions in detention centres.
In addition to those in closed detention, as of 30 November 2015, there were 29,008 people (including 3,979 children) living in the community on Bridging Visas. This visa allows people to live in the community while their visa status is being resolved.
The Australian immigration detention facilities are used to house people who have overstayed their visas, breached their visa conditions, or been refused entry at the ports of entry. These facilities have been a source of controversy, with reports of riots, escapes, and human rights abuses.
The prolonged periods of detention have been criticised for causing further harm to individuals who have already experienced trauma and persecution. The Australian government has been urged to explore alternative options to detention, as other countries have successfully done.
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Frequently asked questions
As of 2023, there are hundreds of refugees and asylum seekers in Australian detention centres. The exact number is unclear, but it is known that there were 1,852 people in immigration detention facilities as of 30 November 2015.
These facilities are used to detain people who have overstayed their visas, breached their visa conditions, or been refused entry at Australia's ports. This includes asylum seekers arriving by boat without valid entry visas, who are classed as "unlawful non-citizens" under the Migration Act 1958 and are subject to mandatory detention.
The conditions in Australian detention centres have been widely criticised by organisations such as Amnesty International, the Australian Human Rights and Equal Opportunity Commission, and Human Rights Watch. A 2023 report by the Asylum Seeker Resource Centre (ASRC) revealed concerns including maggots in food, excessive use of force, inadequate medical care, and the use of spit hoods and mechanical restraints.
Yes, alternatives to detention exist in Australia. People may be held in "Alternative Places of Detention" (APODs), such as hotels, hospitals, or aged care homes. The Minister can also grant a "bridging visa", allowing individuals to live in the community while their visa status is resolved. Additionally, under Article 31 of the United Nations Convention Relating to the Status of Refugees, Australia is legally obligated to grant the right of entry to those seeking asylum.
Yes, you may be able to apply online to visit an Australian immigration detention facility. However, journalists are forbidden from entering these centres.
