CURRENT ISSUES

Alternatives to detention

Since the introduction of mandatory, non-reviewable detention of unauthorised asylum seekers in 1998, the policies and practices of immigration detention have drawn widespread criticism domestically and from the international community. Many of these criticisms and proposals for alternatives are highlighted in the reports below.

While the policy of immigration detention remains in place, there have been some small, but significant changes over recent years which have begun to address some of the issues associated with the detention of asylum seekers. Many of these changes have been brought about by the ceaseless advocacy efforts of non-government organisations, concerned members of the Australian public and a small number of vocal Federal Parliamentarians. Despite these changes, there is a continuing need for widespread reform of government policy concerning asylum seekers.

Community-based detention arrangements
For a number of years, Residential Housing Projects (RHPs) were established close to major immigration detention centres where women and children could live while remaining in detention. While the RHPs were aimed at providing a more humane living environment, they came under strong criticism because there was little freedom of movement, 24-hour surveillance and husbands/fathers were not permitted to live at the RHPs. As of August 2007, the Villawood, Sydney and Perth Residential Housing Projects remain open.

The Refugee Council of Australia has also welcomed the reintroduction of case workers within the Department of Immigration and Citizenship (DIAC) to work with complex cases including asylum seekers in detention.

Migration Amendment (Detention Arrangements) Bill – July 2005
The adoption of this Bill, which was driven by a small number of concerned Government backbench MPs, firmly established the principle that children should only be detained as a matter of last resort. In a significant policy shift, the introduction of this Bill led to the release of all children and their families into community detention arrangements.

Residence Determinations
Initially designed for families with children following the July 2005 amendments to the Migration Act, residence determination also extends to other vulnerable people in immigration detention. The amendments provide the Immigration Minister with a non-compellable, non-delegable public interest power to specify alternative detention arrangements. Placement in a community detention enables people to move about in the community without needing to be accompanied or restrained by an immigration officer, or designated person.

Those asylum seekers released into community detention on a residence determination have some restrictions on their movement and the right to work but have all their needs fully paid for by the government including housing.

Community Care Pilot
The Community Care Pilot is an initiative which allows families and other detainees with complex needs to be released into the community with support. Non-government organizations are funded by the Department of Immigration to source housing for the families and allow payment of their bills and other living expenses and to ensure that people have access to the relevant services and social support networks. The Community Care Pilot commenced in Sydney and Melbourne on 15 May 2006 and as of January 2007 there were over 110 clients participating in the pilot.

The use of community based detention through residence determinations and the introduction of the Community Care Pilot has meant that some asylum seekers are given the necessary support and assistance that they need to live with dignity in the community while their protection case is assessed. However, this has highlighted the needs of other asylum seekers who are left with little or no support.

For current immigration detention statistics click here.

International Detention Coalition
The International Detention Coalition aims to raise awareness of detention policies and practices and to promote the use of international and regional human rights standards and principles as they relate to the detention of refugees, asylum seekers and migrants. As a member of the Coalition, the Refugee Council of Australia actively supports the work of the Coalition.
For further information click here: www.idcoalition.org.

The Human Rights and Equal Opportunity Commission has conducted a number of investigations of Australia’s immigration detention centres. Reports are available at
http://www.humanrights.gov.au/human_rights/asylum_seekers/index.html

Amnesty International Australia has developed a dedicated section on refugees and asylum seekers at http://action.amnesty.org.au/refugees.

The NGO sector in Australia has also been working towards improving the plight of asylum seekers. To this end it has collectively produced two documents published on this website:

The alternative detention model, as its name suggests, seeks to provide an alternative to the current regime whilst addressing the stated security and financial concerns of the Australian Government; Read Dr Ken Rivett's comments on the RCOA model.

The Detention Standards Document has been produced to set out the minimum standards and condition under which detainees should be held if just a policy continues.

The Justice for Asylum Seeker (JAS) Alliance have published a major report on the cost of detention, Improving Outcomes and Reducing Costs for Asylum Seekers (August 2003) This supplements their comprehensive paper Alternative Approaches to Asylum Seekers: Reception and Transitional Processing System June 2002. The JAS alternative detention model, The Better Way: refugees, detention and Australians, sets out alternatives to detention that do not compromise Australia's security, are cheaper, more humane and which strenghthens our sense of community.

Edmund Rice Centre has released its Interim Report 'No Liability - Tragic Results from Australia's Deportations'. You can read the report and also view Background Briefing Material on False Passport Allegations at the website.

The Asylum Seeker Project has completed research into the 200 asylum seekers we have worked with for the past 2 years, entitled, Welfare Issues and Immigration Outcomes for Asylum Seekers on Bridging Visa E. This has included exploring the welfare issues affecting this group, as well as immigration outcomes. The findings have been presented to the Immigration Minister, the Department of Immigration, as well as various government representatives.

Compare our mandatory detention model with the Swedish Model.

Compare Australia's non-reviewable mandatory detention model with European countries.

Read the proposal by the Conference of Leaders of Religious Institutes.