14 Esposito F, and Bosworth M, Gender, Violence and Regimes of Vulnerability in Immigration Detention: A
Transnational Analysis, in Peterie, M, Immigration Detention and Social Harm: The Collateral Impacts of Migrant
Incarceration. (31 July 2024), 147. <https://doi.org/10.4324/9781003370727>.
15 Rivas, L, A Safe Haven? Women’s Experiences of Violence in Australian Immigration Detention. Punishment
and Society, 0(0) (2023) 554-565. <https://doi.org/10.1177/14624745231214717>.
16 Ibid, 555.
17 Ibid, 555.
18 Ibid. 559.
19 Rivas, L, Stuck in Survival Mode: The Impact of Australian Immigration Detention on Women’s Physical,
Mental and Social Wellbeing [Doctoral dissertation, Griffith University] (2022), 109. <https://doi.
org/10.25904/1912/4689>.
20 Rivas, L, and Bull, M, Gender and Risk: An Empirical Examination of the Experiences of Women Held in LongTerm Immigration Detention in Australia. Refugee Survey Quarterly, 37(3) (2018), 307–327. <https://doi.
org/10.1093/rsq/hdy006>.
21 Young P, Gordon MS, Mental health screening in immigration detention: a fresh look at Australian government
data. Australas Psychiatry. 24:1 (January 2016), doi: 10.1177/1039856215624247. Note: The K10 is a self-report
measure of psychological distress based on questions about levels of anxiety and depression over the last 4
weeks.
22 United Nations Special Rapporteur on the Human Rights of Migrants, Human rights of migrants: good practices
and initiatives on gender-responsive migration legislation and policies, A/74/191 (18 July 2019) para 33.
23 Migration Act 1958 (Cth), ss 189.
24 Migration Act 1958 (Cth), s 196; AJL20 v Commonwealth (2021) 273 CLR 43 at [49] (Kiefel CJ, Gageler, Keane
and Steward JJ).
25 NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37. [60-61].
26 The Department website lists these as the Adelaide Immigration Detention Centre, Brisbane Immigration
Detention Centre, Melbourne Detention Centre, North West Point (Christmas Island) Immigration Detention
Centre, Perth Immigration Detention Centre, Villawood Immigration Detention Centre and Yongah Hill
Immigration Detention Centre. <https://www.abf.gov.au/about-us/what-we-do/border-protection/
immigration-detention/detention-facilities>.
27 For example, Australian Human Rights Commission, Risk Management in Immigration Detention (2019), 68.
<https://humanrights.gov.au/sites/default/files/document/publication/ahrc_risk_management_immigration_
detention_2019.pdf>; Australian Human Rights Commission, Submission to the Committee Against Torture
(October 2022), 45. <https://humanrights.gov.au/sites/default/files/submission_to_the_committee_against_
torture_2022_0.pdf>.
28 Migration Act 1958 (Cth), s 197AB.
29 Migration Act 1958 (Cth), Part 2, Division 8, Subdivision B.
30 See, for example, Australian Human Rights Commission, Submission to the Committee Against Torture
(October 2022), 12 [49]. <https://humanrights.gov.au/sites/default/files/submission_to_the_committee_
against_torture_2022_0.pdf>.
31 For example, Australian Human Rights Commission, Information concerning Australia’s compliance with the
Convention on the Elimination of All Forms of Discrimination against Women (12 June 2018), 11. <https://
humanrights.gov.au/sites/default/files/ahrc_cedaw_sub_2018.pdf>; Australian Human Rights Commission,
Submission to the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW
Committee), on Australia’s List of Issues Prior to Reporting (LOIPR) (30 January 2023), 8. <https://
humanrights.gov.au/sites/default/files/cedaw_loipr_submission_1.pdf>.
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Not just an afterthoughtThe experience of women in immigration detention