Australian Human Rights Commission Submission to UN Committee Against Torture, 17 October 2014 Unaccompanied minors in immigration detention Under Australian law, the Minister for Immigration and Border Protection (formerly the Minister for Immigration and Citizenship) is the legal guardian of ‘non-citizen’ unaccompanied minors. The Minister’s role as guardian of unaccompanied minors creates a conflict of interest, as the Minister is also responsible for administering the immigration detention regime under the Migration Act and for making decisions about granting visas. Given these multiples roles, it is difficult for the Minister, or his delegate, to make the best interests of the child the primary consideration when making decisions concerning unaccompanied minors. The Commission has repeatedly recommended that an independent guardian be appointed for all unaccompanied minors in immigration detention, to ensure that their rights are protected. Refugees with adverse security assessments Refugees with adverse security assessments and their children remain indefinitely detained in closed immigration detention facilities. Such refugees cannot be returned to their country of origin as they have been found to have a well-founded fear of persecution. Australian Government policy requires that they remain in immigration detention facilities unless a third country agrees to resettle them. Third country resettlement appears not to be a realistic solution and therefore individuals, including children, are effectively facing indefinite detention. There is a need for greater transparency and accountability in the application of ASIO security assessments to asylum seekers and refugees. The Commission strongly supports independent review of adverse security assessments. Alternative options to indefinite detention in closed facilities should be considered for refugees with adverse security assessments. Alternatives to closed immigration detention may include community detention or a bridging visa, if necessary with strict conditions to mitigate any identified risks an individual may pose. For example, conditions might include a requirement to reside at a specified location, curfews, travel restrictions, regular reporting and possibly even electronic monitoring. Mental health impacts of detention Rates of mental health problems in the immigration detention population in Australia have been found to be high and range from depression, anxiety and sleep disorders to post-traumatic stress disorders, suicidal ideation and self-harm. It has been clearly established that detention for prolonged and uncertain periods of time both causes and exacerbates mental illness. There is a strong link between the length of time spent in detention and the deterioration of mental health. Detention in remote, climatically harsh and overcrowded conditions, and a lack of meaningful activities and adequate services have a negative impact on the mental health of 32