Recommendation 39: The Australian Government raises awareness of the
status and importance of Indigenous languages.
9
Special protection measures
9.1
Children outside their country of origin seeking refugee
protection, unaccompanied asylum-seeking children and
migrant children
(a)
Mandatory immigration detention
298. The number of children in immigration detention has decreased markedly
since 2012, and community-based alternatives to detention are used for
the majority of children. As at 30 June 2018, there were four children being
held in closed immigration detention facilities, with a further 168 living
under community-based detention arrangements.271
299. In 2014, the Commission conducted a National Inquiry into Children in
Immigration Detention. The inquiry found that Australia’s detention law,
policy and practice do not address the particular vulnerabilities of asylum
seeker children, nor do they afford them special assistance and protection.
The blanket policy of mandatory detention does not consider the
individual circumstances of children or address the best interests of the
child as a primary consideration.272
300. The National Inquiry also found that prolonged detention had a
profoundly negative impact on the mental and emotional health and
development of children. The deprivation of liberty and the exposure to
high numbers of mentally unwell adults were found to cause emotional
and developmental disorders amongst children.273
301. The Migration Act 1958 (Cth) affirms that, as a general principle, children
shall only be detained as a measure of last resort.274 However, under this
Act, immigration detention remains mandatory for all unlawful noncitizens, including children.275 Australian courts do not have jurisdiction to
remove a person from detention on the basis that their detention is
arbitrary under international law, and there is no legislative time limit on
detention.
302. The Joint General Comment from the Committee on the Protection of the
Rights of All Migrant Workers and Members of Their Families, and the
Committee on the Rights of the Child, states that detaining children as a
measure of last resort is not applicable in immigration proceedings as it
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