routinely considered for all people who have
had their visa refused or cancelled under s
501, with conditions applied to mitigate risks
as appropriate. Closed detention should only
be used in exceptional circumstances where
identified risks cannot be managed through
less restrictive means.46
RECOMMENDATION 1:
The Government should replace
the current system of mandatory
immigration detention with a caseby-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)
Figure 1: Hawk compound
6.2 Infrastructure concerns
Due to the changing nature of the cohort and
increase in violence-related incidents at YHIDC, the
two lower security compounds, Hawk and Falcon,
are no longer fit for purpose.
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.
Each of these compounds can house up to 150
people and consist of 20 transportable units laid
out in a grid. The Commission considers that the
number of people housed in this layout is too
difficult to manage safely, endangering the people
detained and centre staff. The number of people
within these compounds also makes it relatively
easy for drug networks to be developed (see drug
infiltration section).
Yongah Hill Immigration Detention Centre Inspection Report • 2024 • 25