Refugee Council of Australia

Proposed alternatives to the Australian Government's current detention policy for refugees & asylum seekers

Compiled by South West Action for Refugees

June 2002

A three stage detention regime is proposed:

1. CLOSED DETENTION.

·               Under the Immigration Department control as in current facilities;

·               For all applicants not immigration cleared;

·               To establish applicant's identity and circumstances;

·               Most applicants moved within 90 days to Open Detention or Community Release;

A Case officer can require longer detention for applicants whose:

·               identity cannot be verified,

·               claim for a Protection Visa has not been lodged with the Department,

·               behaviour poses a public order or national security threat,

·               behaviour shows the applicant is likely to abscond,

·               health has not been checked.

An applicant not released must:

·               receive an explanatory statement of  the reasons.

·               be given priority in processing of application for a Protection Visa.

A Case officer shall give priority for release from closed detention to:

·               Children (under 18) and close relatives of children;

·               Aged persons over 75;

·               Unaccompanied minors;

·               Single women;

·               Those with health problems not treatable in a detention centre;

·               Those who have experienced torture/trauma and cannot be treated adequately in detention..     

2. OPEN DETENTION.

·               For those considered unsuitable for community release;

·               Residential facilities maintained by the Department; daily requirements provided; Open Detention Bridging Visa issued;

·               Curfew requirements (7 p.m.-7 a.m.) restrict freedom of movement.

·               Work permit granted. If employed applicant pays accommodation fees.

·               Eligible for Asylum Seekers Assistance pension.

3. COMMUNITY RELEASE.

·               Family members or community organisations responsible for the applicants;

·               Or Release upon Own Recognisance;

·               A Community Release Bridging Visa issued;

·               Applicants required to report regularly and live at a designated address.

·               Work permit granted.

·               Asylum Seekers Assistance pension available.

·               Return to detention for breach of conditions. Detention reviewed every 90 days. The right to review by Immigration Review Tribunal or the Federal Court of Australia.