2 | Background
Some key obligations relevant to conditions and
treatment in immigration detention, and specifically
in relation to hotel APODs, include those relating
to: security of persons; humane treatment in
detention; freedom from arbitrary detention;
freedom from torture and other cruel, inhuman or
degrading treatment or punishment; freedom of
movement; right to privacy; freedom of religion;
freedom of expression and association; right to the
highest attainable standard of health; participation
in cultural life; and protection of the family.
Further information about the relevant standards
can be found in the Commission publication,
Human rights standards for immigration detention.27
2.5 Key Statistics
The Australian Government releases monthly
statistics providing an overview of the number of
people in onshore immigration detention. At the
time of writing, the most recent statistics – released
in February 2023 – provided information that was
accurate as at 31 December 2022, and stated that
there were:28
• 1,089 people detained in immigration
detention facilities
• 538 people living in the community
after being approved for residence
determinations
• 10,721 unauthorised maritime arrivals
living in the community on a Bridging
visa E.
12
There were 33 individuals detained in APODs, with
fewer than 25 being male and fewer than 15 being
female. Of these, the majority were in immigration
detention as a result of their visa being cancelled
on character grounds under s 501 of the Migration
Act.29 There are no children recorded as being
currently detained in APODs.
At the time of the Commission’s inspection of the
Brisbane APOD, there were 29 individuals detained
at that facility – 23 males and 6 females. Of these,
one individual recorded by the Department as
being a biological male identified as a transgender
female. The majority had been detained as a result
of having their visas cancelled under s 501 of the
Migration Act, and the majority had been detained
for more than 91 days in total.
The Commission did not physically inspect either
the Melbourne APOD or the Quality Inn APOD in
Brisbane, as both of these facilities were being used
exclusively for quarantine purposes. At the time of
the inspection there were fewer than 10 individuals
detained at the Quality Inn APOD, and 5 individuals
detained at the Melbourne APOD.
The numbers of individuals being detained in
APODs began to be reported separately in the
departmental monthly statistics from July 2020, at
which point there were 238 individuals detained
in APODs. These numbers have (for the most part)
steadily declined over the last two years, as seen
below in Figure 1.