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.
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