Those who've come across the seas: Detention of unauthorised arrivals (1998)

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Those who've come across the

seas: Detention of unauthorised arrivals (1998)

HREOC's report, tabled in federal Parliament on 12 May 1998, deals with

the policy of mandatory detention of most unauthorised arrivals and the

conditions of detention for those detained. The report had its origins in the

many complaints received by HREOC from, or on behalf of, people in immigration

detention centres.

HREOC found that the policy of mandatory detention violates international

law, which permits detention only where necessary to verify the detainee's

identity, to determine the elements on which the claim to refugee status or

asylum is based, to deal with people who have destroyed their documents to

mislead the authorities or to protect national security or public order. HREOC

recommended that those whose detention cannot be justified for one of these

reasons should be released, subject to reporting requirements, until their

status is determined. It proposed a range of community release options.

The

report also found that the conditions, treatment and services for detainees vary

considerably among the three detention centres which were the focus of the

inquiry: Port Hedland, Perth and Villawood. It made detailed recommendations to

address human rights breaches that were identified and significantly enhanced

external oversight and monitoring of the conditions and treatment of

detainees.

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