Recommendation 268

Australia recognises the important and positive role of scrutiny bodies in providing independent oversight of the Australian Government's immigration detention system and values the formal and informal engagement with civil society and the international community on asylum, refugee and migration matters.

The Australian Government's immigration detention network is under independent scrutiny by a range of bodies, including the Commonwealth Ombudsman, the Australian Human Rights Commission, the Australian Red Cross and human rights organisations. Access to detention centres is facilitated according to standard procedures published on the Australian Border Force website. Where reports on detention facilities are produced by independent actors, these reports are treated seriously and all recommendations are considered.

The Australian Government's case management practices ensure that any person who is detained understands the reason for their immigration detention and the choices and pathways which may be available to them, including choosing to return home or deciding whether to pursue legal remedies.

All asylum seekers have their claims assessed through a thorough assessment process conducted in accordance with procedural fairness requirements They are provided with detailed written reasons for any decision to refuse a protection visa. All protection visa applicants who have received a refusal decision have access to judicial review on points of law.