Figure 1: Individuals detained in APODs 300 254 260 238 216 182 137 112 92 100 85 78 114 103 111 118 130 102 108 112 100 80 94 112 89 88 63 49 49 Sep-22 Aug-22 Jul-22 Jun-22 May-22 Apr-22 Mar-22 Feb-22 Jan-22 Dec-21 Nov-21 Oct-21 Sep-21 Aug-21 Jul-21 Jun-21 May-21 Apr-21 Mar-21 Feb-21 Jan-21 Dec-20 Nov-20 Oct-20 Sep-20 Aug-20 0 Jul-20 50 33 Dec-22 141 150 Nov-22 200 Oct-22 250 238 Individuals detained in APODs Figure 1: Data taken from Department of Home Affairs, Immigration Detention and Community Statistics Summaries <https://www. homeaffairs.gov.au/research-and-statistics/statistics/visa-statistics/live/immigration-detention>. These numbers are a significant reduction when compared to the number of people previously reported as being detained in APODs. For example, it was reported as at 31 July 2013 that there were 2,486 people detained in mainland APODs (including 1,126 children), and a further 2,213 people detained in APODs on Christmas Island and the Cocos (Keeling) Islands (including 688 children).30 The Commission welcomes the fact that a significant number of people being held in hotel APODs were released prior to these inspections occurring, and that the number of people held in hotel APODs has continued to decline since the inspections were completed. With respect to transitory persons specifically there were, as at 31 December 2022, 1,122 transitory persons residing temporarily in Australia, including those from the Medevac cohort who remain in Australia. Of these, 8 remained in held detention while the remainder have been released into alternative, community-based arrangements under either a Bridging E visa or residence One important trend with respect to the use of hotel APODs has been the shift in the cohort that is primarily held in these facilities. At the time of the Commission’s previous inspections in 2018 and 2019 the majority of those detained were part of the Medevac cohort. The majority of individuals currently detained in hotel APODs are there because they have had their visas cancelled under s 501 of the Migration Act. This raises particular considerations in terms of both risk assessment and also the normalisation of the use of hotel determination.31 APODs as part of the detention network. The Use of Hotels as Alternative Places of Detention (APODs) • 2023 • 13

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