Australian Human Rights Commission Submission to the UN Committee On The Elimination Of Racial Discrimination, 30 October 2017 overstayed their visas, 145 had been detained after having their visa cancelled on non-character grounds, 44 had been detained after being denied entry at an Australian airport and five were undocumented or inadequately documented seaport arrivals (such as stowaways). 228 186. The average length of detention in immigration detention facilities has increased significantly in recent years. The average rose from 72 days in July 2013229 to almost 400 days by August 2014, and has remained at or above that level ever since.230 As at 31 August 2017, the average length of detention was 445 days. Over a third of people in detention (36%) had been detained for at least a year, and around a fifth (22%) had been detained for more than two years.231 187. As at 31 August 2017, there were 369 people (including 43 children) residing in the Regional Processing Centre in Nauru and 773 adult men residing in the Regional Processing Centre in Manus Island, Papua New Guinea. In both countries, a significant number of people are also residing in the community after having been released from Regional Processing Centres.232 Legislative framework 188. Under the Migration Act 1958 (Cth) (the Migration Act), immigration detention remains mandatory for all unlawful non-citizens.233 Australian courts do not have jurisdiction to remove a person from detention on the basis that their detention is arbitrary, and there is no legislative time limit on detention. 189. Positive developments relating to immigration detention in recent years include: the release of almost all children from closed facilities into alternative community arrangements;234 the closure of several detention facilities;235 increased use of community alternatives to detention; commitment to ratification of OPCAT; and the release of a number of refugees who previously had been detained indefinitely due to having received an adverse security assessment. 190. However, the Commission is concerned about an increase in long-term detention, an increase in the number of people detained due to visa cancellation, and a small number of refugees who continue to be indefinitely detained due to adverse security assessments. 191. The Commission has recommended that the Australian Government continue to expand the use of alternatives to closed detention and, where immigration detention is necessary, ensure that it is time limited, strictly necessary (such as for the purpose of public health and security checks) and subject to individualised decision-making and judicial oversight. 192. There are no minimum standards for conditions of detention codified in Australian law. Introducing these standards would help to ensure greater consistency in conditions across the detention network, prevent breaches of Australia’s international obligations and facilitate access to appropriate remedies if breaches do occur. The Commission’s publication Human rights standards for immigration detention, which sets out benchmarks for the 36