Recommendation 263

End the policy of mandatory detention for all unauthorized arrivals, ensure that detention is only applied as a last resort, establish statutory time limits for detention and ensure access to an effective judicial remedy to review the necessity of detention

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State
Slovenia
Issue
Immigration and border protection
Immigration detention
Population group
Migrants, refugees and asylum seekers
Australian Government Agency and/or Jurisdiction
  • Department of Home Affairs
Australia's Response
Notes (will not consider further at this time)
Australia's Position

The Australian Government considers immigration detention an essential component of effective border control. The Australian Government's strong Home Affairs policies have increased public confidence, enabling Australia to have one of the world's most generous humanitarian programs, which increased to 18,750 places in 2018-2019.

Since 2008, Australian Government policy has required that held detention be a last resort for the management of unlawful non-citizens who have not yet been granted permission to arrive or stay in Australia. Unlawful non-citizens will be detained until the assessment of health, identity and security risks which they present to the Australian community are resolved. These assessments are completed as expeditiously as possible to facilitate the shortest possible timeframe for detaining people in immigration detention facilities. This principle of last resort is not formally codified, other than in respect of minors in section 4AA of the Migration Act 1958(Cth).

Under the Migration Act, immigration detention is not limited by a prescribed timeframe but relevantly ends when the person is granted a visa or is removed from Australia.

The vast majority of asylum seekers have access to independent merits review of decisions to refuse visa applications by the Administrative Appeals Tribunal or, in certain circumstances, by the Immigration Assessment Authority. Asylum seekers also have a constitutional right to seek judicial review of migration decisions. People in immigration detention may seek judicial review of the lawfulness of their detention, and request or refuse consular access or legal representation at any time.