Australian Human Rights Commission
Information for LOIPR - Australia, 27 June 2016
76.
•
The vast majority of children have been released from closed detention
facilities in Australia into alternative community arrangements.59
•
Several detention facilities, including a number in remote areas of
Australia, have either been closed or are due to close in the near
future.60
•
A number of refugees who were previously held in indefinite detention
due to having received an adverse security assessment have been
released from closed detention.
However, there have been several developments, which are contrary to
Australia’s obligations under the CAT:
•
Since 2014, there has been a significant increase in cases of long-term
detention. As at March 2016, 804 people had been held in closed
detention for more than one year (including 434 people who had been
held for more than two years).61 The overall average length of detention
in closed facilities has remained in excess of one year since August
2014.62
•
There has been a significant increase in the number of people detained
as a result of having a visa refused or cancelled on character grounds.
The number of people in detention as a result of visa cancellation
increased from 140 in December 2014 to 589 in March 2016.63 While
these figures include people who have had visas cancelled on grounds
unrelated to character, the increase followed changes to the Migration
Act which broadened the criteria for visa cancellation on character
grounds.64
•
A number of refugees continue to be held in indefinite detention due to
having received an adverse security assessment. In April 2016, the UN
Human Rights Committee reaffirmed that the prolonged indefinite
detention of refugees in these circumstances violates the prohibition of
cruel, inhuman and degrading treatment under Article 7 of the
International Covenant on Civil and Political Rights.65
77.
The Commission also remains concerned about the impact of prolonged
indefinite detention on the mental health of those detained. Numerous studies
have documented high rates of mental health problems amongst people in
immigration detention in Australia,66 with the negative impacts of detention
tending to worsen as detention becomes more prolonged.67
78.
Issues for consideration in the LOIPR:
•
Information on the use of mandatory and prolonged detention in
light of the impacts that long-term indefinite detention has on the
mental health of those detained.
•
Information on the availability of regular judicial oversight of
detention and the minimum standards for conditions of detention.
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