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Recommendation 258

Immediately end the mandatory detention of migrant children and ensure that the best interests of the children are respected

State
Slovenia
Issue
Immigration and border protection
Immigration detention
Population group
Migrants, refugees and asylum seekers
Children
Australian Government Agency and/or Jurisdiction
  • Department of Home Affairs
Australia's Response
Accepts
Australia's Position

The Australian Government takes the care and wellbeing of vulnerable people in immigration detention seriously. Some detainees may be more vulnerable than others such as people who are frail, elderly, people who have complex health needs including mental health or where they have a history of torture, trauma or have been subject to people trafficking or domestic or family violence.

People in immigration detention are accommodated in facilities most appropriate to their risk, circumstances and needs. Any detainee who discloses a history of torture and/or trauma is offered referral to specialist torture and trauma counselling.

It remains the Australian Government's position that children should not be held in immigration detention centres where possible, but should be accommodated in alternative places of detention or in the community under a residence determination. Unaccompanied minors should be routinely placed in the community under Residence Determination arrangements. Based on individual circumstances, families with children and other vulnerable people may be placed in the community under Residence Determination arrangements or may reside lawfully in the community.