importance of considering alternatives to closed detention wherever possible. 58. Many international bodies emphasised that measures to reduce the number of people detained were in many cases an essential precondition to the effectiveness of other prevention and control measures.55 In relation to immigration detention specifically, the UN SPT advised that the use of immigration detention should be reviewed ‘with a view to reducing their populations to the lowest possible level’.56 59. The number of people released from closed immigration detention in Australia was very small in comparison with other jurisdictions, such as the United Kingdom, Canada, and the United States.57 60. In August 2020, the Australian Government announced that people would be transferred to the North West Point Immigration Detention Centre (NWP IDC) on Christmas Island to ‘relieve capacity pressure across the detention network in Australia’.58 61. While re-opening of the NWP IDC provided some relief, the Commission considers this was not an appropriate solution to addressing increasing numbers and overcrowding. The remoteness of Christmas Island significantly restricts communication and visits with family, friends, lawyers, and other key supports. In-person visits are difficult, if not impossible, due to geographical and other barriers. The NWP IDC is not an appropriate facility for immigration detention, particularly for people who are vulnerable or have been detained for prolonged periods of time.59 Recommendation 7: The Australian Government ensures that Its border security operations, treatment of refugees and asylum seekers, and offshore processing arrangements comply with international human rights obligations, including non-refoulement obligations. Recommendation 8: The Migration Act be amended to ensure that closed immigration detention is only used in circumstances where it is strictly necessary to manage unacceptable risks to the community. Recommendation 9: The Australian Government introduce legislation to ensure that the necessity for continued immigration detention is periodically assessed by a court or tribunal up to a maximum time limits. 14

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