Australian Human Rights Commission Australia and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), Shadow report to the CERD Committee – 8 July 2010 8 Issues relating to asylum seekers 8.1 Detention of ‘unlawful non-citizens’ 140. In its 2005 Concluding Observations on Australia, the Committee raised concerns about the mandatory detention of asylum seekers and other unlawful non-citizens, in particular women, children, unaccompanied minors and stateless persons. The Committee was particularly concerned about the length of time many people were spending in immigration detention. The Committee recommended that Australia review the ‘mandatory, automatic and indeterminate character’ of its immigration detention system, and requested statistical data, disaggregated by nationality and length of detention, including in relation to people held in offshore detention centres. 108 8.2 Mandatory detention 141. Despite significant positive reforms, the legal architecture of Australia’s mandatory detention system remains. Under the Migration Act 1958 (Cth) (Migration Act), it is mandatory for any non-citizen in Australia (other than in an excised offshore place 109 ) without a valid visa to be detained. 110 These persons, called ‘unlawful non-citizens’, may only be released from detention if they are granted a visa or removed from Australia. 111 142. In July 2008 the Commission welcomed the government’s announcement of ‘New Directions’ for Australia’s immigration detention system. 112 The New Directions include seven key immigration values, as follows: 1) Mandatory detention is an essential component of strong border control. 2) To support the integrity of Australia’s immigration program, three groups will be subject to mandatory detention: a) all unauthorised arrivals, for management of health, identity and security risks to the community b) unlawful non-citizens who present unacceptable risks to the community and c) unlawful non-citizens who have repeatedly refused to comply with their visa conditions. 3) Children, including juvenile foreign fishers and, where possible, their families, will not be detained in an immigration detention centre. 4) Detention that is indefinite or otherwise arbitrary is not acceptable and the length and conditions of detention, including the appropriateness of both the accommodation and the services provided, would be subject to regular review. 5) Detention in immigration detention centres is only to be used as a last resort and for the shortest practicable time. 6) People in detention will be treated fairly and reasonably within the law. 7) Conditions of detention will ensure the inherent dignity of the human person. 39