As Figure 5 demonstrates, the number of women detained due to a section 501 cancellation, as a proportion
of the total number of women, has increased over time. For example, this increased from 18.5% in January
2017 to 54.2% in January 2024. In recent years it has consistently comprised a substantial proportion of
women in immigration detention. For example, 50% in January 2021, 63.1% in January 2022, 63.6% in January
2023 and 54.2% in January 2024.
During the same period the proportion of women detained as an Unauthorised Maritime Arrival (UMA) has
significantly decreased. For example, this has decreased from 18.5% in January 2017 to 0% in January 2024.
Historically, asylum seekers who arrived by boat have comprised the largest cohort of people in immigration
detention in Australia. Since the beginning of 2014, this group has progressively comprised a smaller
proportion of the overall detention population.
The category ‘other’ includes women whose visas were cancelled under other provisions, women who had
overstayed their visas, unauthorised air arrivals, seaport arrivals and illegal fishers. As a proportion of the
women detained, this category has seen a decrease in recent years. For example, 53.6% in January 2017 to
20% in January 2021, 29.2% in January 2022 and 25% in January 2023. However, this cohort has made up the
highest proportion of women in immigration detention in the last few months. For example, 52.9% in February
2024, 69.2% in March 2024 and 60% in April 2024.51
Noting that a substantial proportion of women (though not all) in immigration detention are detained
because of a visa cancellation following criminal incarceration, it is important to reflect on the profile of
women in prison as it is likely to share many similarities with the population of women in immigration
detention.
The Australian Institute of Health and Welfare (2022) has reported that:
l
l
l
the majority of women in the criminal justice system are mothers and many also have nonbiological
children who depend on them
women in prison were more likely to be single parents, and to be socioeconomically disadvantaged than
those in the community
women in prison experience more challenges to their health and well-being than men in prison, and than
women in the general community
l
women in prison were almost twice as likely as men to be dispensed mental-health-related-medication
l
two thirds of women reported a history of a chronic condition compared with half of male entrants.52
Studies have also consistently reported that a high proportion (around 70—90%) of women in prison have a
history of emotional, sexual and/or physical abuse in the form of domestic and family violence.53 The United
Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders
(the Bangkok Rules) expressly acknowledges women in prison as having a ‘disproportionate experience of
domestic violence.’54
Mehta et al (2023 and 2024) also suggested that incarcerated foreign national women, from linguistically
and culturally diverse backgrounds, experience incarceration ‘distinctly different from those in the rest of
the prison population.’55 The distressing and often traumatic experience for these women is compounded by
their histories of violence and trauma, and made worse by language barriers impacting women’s ability to
understand prison systems and processes and to communicate their personal circumstances.56
16
Not just an afterthoughtThe experience of women in immigration detention