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Immigration detention in Australia
The Australian government has a policy and practice of detaining in immigration detention facilities non-citizens not holding a valid visa, suspected of visa violations, illegal entry or unauthorised arrival, and those subject to deportation and removal in immigration detention until a decision is made by the immigration authorities to grant a visa and release them into the community, or to repatriate them to their country of origin/passport. Persons in immigration detention may at any time opt to voluntarily leave Australia for their country of origin, or they may be deported or given a bridging or temporary visa. In 1992, Australia adopted a mandatory detention policy, obliging the government to detain all persons entering or being in the country without a valid visa, while their claim to remain in Australia is processed and security and health checks undertaken. Also, at the same time, the law was changed to permit indefinite detention, from the previous limit of 273 days. The policy was instituted by the Keating government in 1992, and was varied by the subsequent Howard, Rudd, Gillard, Abbott, Turnbull, Morrison and Albanese governments. The policy is regarded as controversial and has been criticised by a number of organisations. In 2004, the High Court of Australia confirmed the constitutionality of indefinite mandatory detention of non-citizens in Al-Kateb v Godwin. However, this interpretation was overturned in a landmark decision, NZYQ v Minister for Immigration, in 2023, with the High Court concluding the practice was unlawful and unconstitutional.[citation needed]
Mandatory detention rules also apply to persons whose visa has been cancelled by the Minister, for example on character grounds, allowing such persons to be detained in immigration detention and deported, some after living in Australia for a long period. Furthermore, if a person has Australian citizenship and another citizenship, their Australian citizenship can be revoked.[citation needed]
There is no maximum time limit for detaining a person in Australia under immigration laws. The length of immigrant detention has steadily increased in the past decade, and as of May 2020, the average period of time for people held in detention facilities was 553 days. The Australian Department of Home Affairs provides updated monthly detention statistics.
In some cases, people have been held in detention for over 10 years, such as Ghader, an Ahwazi man from Iran who has been detained since 2010, and Said Imasi, a stateless man born in Western Sahara. Ghader has a daughter, born in 2015, whom he has not seen since she was a baby. In February 2019, Imasi made a legal challenge to the High Court of Australia, attempting to overturn the landmark Al Kateb v Godwin decision.
In June 2019, it was revealed that a Tamil man from Sri Lanka had been held in detention for 9 years. The man, who was blind, as well as mentally and physically disabled, was being held in Villawood Detention Centre at the time of publishing. In 2002–2003, the man was captured by the Sri Lankan Army and tortured, after which he fled the country. He was recognised as a refugee by Australia, but received an adverse security assessment from Australian Security Intelligence Organisation (ASIO).
Behrouz Boochani was held in offshore detention at the Manus Island Detention Centre from 2013 to 2017 (when the facility shut), and was detained elsewhere on Papua New Guinea until 2019.[citation needed]
Mandatory detention of asylum seekers (so called, "unlawful arrivals") in Australia was established by the Keating government by the Migration Reform Act 1992 which came into operation on 1 September 1994. It was originally intended as an interim measure. Controls on unauthorised arrivals were tightened under the subsequent Howard government, including under the Pacific Solution policy, contributing to a sharp decline in boat arrivals and, consequently, to numbers of people being detained. The Pacific Solution was dismantled by the Rudd government and partially restored under the Gillard government in response to increased boat arrivals and reported deaths at sea.
Mandatory detention was introduced to "support the integrity of Australia's immigration program" and "management of Australian borders" and to distinguish between those who have submitted themselves to offshore entry processes prior to arrival and those who have not. Under the policy, asylum seekers are mandatorily detained while they "undergo an assessment process, including security and health checking, to establish if they have a legitimate reason for staying in Australia".
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Immigration detention in Australia
The Australian government has a policy and practice of detaining in immigration detention facilities non-citizens not holding a valid visa, suspected of visa violations, illegal entry or unauthorised arrival, and those subject to deportation and removal in immigration detention until a decision is made by the immigration authorities to grant a visa and release them into the community, or to repatriate them to their country of origin/passport. Persons in immigration detention may at any time opt to voluntarily leave Australia for their country of origin, or they may be deported or given a bridging or temporary visa. In 1992, Australia adopted a mandatory detention policy, obliging the government to detain all persons entering or being in the country without a valid visa, while their claim to remain in Australia is processed and security and health checks undertaken. Also, at the same time, the law was changed to permit indefinite detention, from the previous limit of 273 days. The policy was instituted by the Keating government in 1992, and was varied by the subsequent Howard, Rudd, Gillard, Abbott, Turnbull, Morrison and Albanese governments. The policy is regarded as controversial and has been criticised by a number of organisations. In 2004, the High Court of Australia confirmed the constitutionality of indefinite mandatory detention of non-citizens in Al-Kateb v Godwin. However, this interpretation was overturned in a landmark decision, NZYQ v Minister for Immigration, in 2023, with the High Court concluding the practice was unlawful and unconstitutional.[citation needed]
Mandatory detention rules also apply to persons whose visa has been cancelled by the Minister, for example on character grounds, allowing such persons to be detained in immigration detention and deported, some after living in Australia for a long period. Furthermore, if a person has Australian citizenship and another citizenship, their Australian citizenship can be revoked.[citation needed]
There is no maximum time limit for detaining a person in Australia under immigration laws. The length of immigrant detention has steadily increased in the past decade, and as of May 2020, the average period of time for people held in detention facilities was 553 days. The Australian Department of Home Affairs provides updated monthly detention statistics.
In some cases, people have been held in detention for over 10 years, such as Ghader, an Ahwazi man from Iran who has been detained since 2010, and Said Imasi, a stateless man born in Western Sahara. Ghader has a daughter, born in 2015, whom he has not seen since she was a baby. In February 2019, Imasi made a legal challenge to the High Court of Australia, attempting to overturn the landmark Al Kateb v Godwin decision.
In June 2019, it was revealed that a Tamil man from Sri Lanka had been held in detention for 9 years. The man, who was blind, as well as mentally and physically disabled, was being held in Villawood Detention Centre at the time of publishing. In 2002–2003, the man was captured by the Sri Lankan Army and tortured, after which he fled the country. He was recognised as a refugee by Australia, but received an adverse security assessment from Australian Security Intelligence Organisation (ASIO).
Behrouz Boochani was held in offshore detention at the Manus Island Detention Centre from 2013 to 2017 (when the facility shut), and was detained elsewhere on Papua New Guinea until 2019.[citation needed]
Mandatory detention of asylum seekers (so called, "unlawful arrivals") in Australia was established by the Keating government by the Migration Reform Act 1992 which came into operation on 1 September 1994. It was originally intended as an interim measure. Controls on unauthorised arrivals were tightened under the subsequent Howard government, including under the Pacific Solution policy, contributing to a sharp decline in boat arrivals and, consequently, to numbers of people being detained. The Pacific Solution was dismantled by the Rudd government and partially restored under the Gillard government in response to increased boat arrivals and reported deaths at sea.
Mandatory detention was introduced to "support the integrity of Australia's immigration program" and "management of Australian borders" and to distinguish between those who have submitted themselves to offshore entry processes prior to arrival and those who have not. Under the policy, asylum seekers are mandatorily detained while they "undergo an assessment process, including security and health checking, to establish if they have a legitimate reason for staying in Australia".