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.

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