Recommendations
Issues and concerns impacting women across the detention network
RECOMMENDATION ONE
The Government should replace the current system of mandatory immigration
detention with a case-by-case assessment process that takes individual circumstances
into consideration. Closed detention should only be used as a last resort in
circumstances where all of the following elements are present:
a) detention is necessary and proportionate to an immigration purpose (for example,
a brief period of immigration detention may be necessary to conduct health,
security and identity checks before a visa is granted)
b) the person has been individually assessed as posing a risk of absconding or an
unacceptable risk to the Australian community, and that risk cannot be managed
in a less restrictive way
c) the necessity for continued detention is subject to periodic re-evaluation and
judicial review, and
d) the duration of detention is subject to a maximum time limit.
RECOMMENDATION 2
The Government and Department should, in consultation with facility staff and
people in detention, review its policy on access to recognised programs of study,
work and vocational training in immigration detention to enhance opportunities
for rehabilitation and reintegration.
RECOMMENDATION 3
The Department should ensure that women in immigration detention have access to a
broad range of meaningful activities on an equal footing with their male counterparts
and ensure that programs and activities on offer are responsive to the needs of
women in detention, age appropriate and not based on gender stereotypes.
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Not just an afterthoughtThe experience of women in immigration detention