Community arrangements for asylum seekers, refugees and stateless persons - Introduction

Community arrangements for asylum seekers, refugees and stateless persons

Observations from visits conducted by the Australian Human Rights Commission from December 2011 to May 2012

• Back to Contents

• 1 Summary

• 2 Recommendations

• 3 Introduction

• 4 Australia's mandatory detention and excision regime

• 5 Community arrangements for asylum seekers, refugees and stateless persons

• 6 Some barriers to use of community arrangements

• 7 Closed detention

3 Introduction

External view, flat occupied by family in community detention.

Over recent months, the Australian Government has moved increasing numbers of asylum seekers and refugees who arrived in Australia by boat from closed immigration detention into the community, pending resolution of their claims for protection. This has been achieved through use of community detention and bridging visas, building on measures introduced by successive Australian Governments. [2]

The Australian Human Rights Commission welcomes the increased use of community arrangements for asylum seekers and refugees, which, along with other recent reforms, brings the Australian Government's treatment of asylum seekers and refugees closer into alignment with its international human rights obligations.

This report considers the circumstances and experiences of asylum seekers, refugees and a small number of stateless persons who have been transferred out of closed detention into the community under these arrangements. It also considers the circumstances and experiences of refugees, asylum seekers and stateless persons who face, or have until recently faced, the prospect of protracted and indefinite detention in closed facilities.

This report draws on observations made during the Commission's visits to and discussions with asylum seekers and refugees in community detention and living in the community on bridging visas from December 2011 to May 2012. [3] It is also informed by the Commission's visits to Villawood Immigration Detention Centre (Villawood IDC), Sydney Immigration Residential Housing (Sydney IRH), Maribyrnong Immigration Detention Centre (Maribyrnong IDC) and Melbourne Immigration Transit Accommodation (Melbourne ITA) in April 2012. [4]

Throughout this report, community detention and bridging visas are collectively referred to as ‘community arrangements'. High-security immigration detention centres, through to medium-security detention facilities (such as Sydney IRH and Melbourne ITA), are collectively referred to as ‘closed detention'. [5] As international human rights law requires the use of detention only as a last resort, this report refers to ‘community arrangements' rather than to the commonly used term ‘alternatives to detention'. As community arrangements ought to be considered the norm, detention in closed facilities should be considered the ‘alternative' option, to be used only in exceptional circumstances.

The Commission's recent visits and discussions have affirmed the Commission's long-held view that community arrangements offer a far more humane and effective approach to the treatment of asylum seekers and refugees than closed detention. Maximum benefits will be derived where asylum seekers are placed in the community at the earliest opportunity following arrival, with appropriate support and opportunities for self-reliance and meaningful activities.

The Commission's work in relation to asylum seekers, refugees and immigration detention has involved investigating complaints by people in detention, conducting national inquiries and visiting places of detention to monitor and report on conditions. [6] The Commission has recently adopted a new approach to its detention visiting activities, under which detailed monitoring and reporting of conditions of immigration detention of the kind undertaken over recent years will no longer occur. The Commission will continue to visit sites across the immigration detention network. However, these visits will generally be shorter; they will be more focused upon specific issues and reports regarding conditions of detention will no longer be produced. This report is reflective of the new approach.

The human rights of all people in immigration detention are of concern to the Commission because the right to liberty is a fundamental human right. However, the Commission has particular concerns about issues faced by asylum seekers, refugees and stateless persons, due to their specific vulnerabilities. For this reason, the report that follows focuses on the circumstances and experiences of these populations.

The Commission acknowledges the assistance provided by the Department of Immigration and Citizenship (DIAC) and the Australian Red Cross in facilitating the Commission's visits and interviews. The Commission also acknowledges the cooperation received from DIAC, Serco, International Health and Medical Services (IHMS) and Marist Youth Care staff in relation to visits to sites of closed and community detention. This report was provided to DIAC and to the Australian Security Intelligence Organisation (ASIO) in advance of its publication in order to provide those agencies with an opportunity to prepare a response. The response provided by DIAC is available on the Commission's website. [7] ASIO provided feedback to the Commission on the report and advised that it would not be making a public response on this occasion.

The Commission also thanks the men, women and children with whom Commission staff met for their generosity and openness during the visits and interviews.

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[2] See section 5.2 of this report for discussion and precedents relating to the use of community detention and bridging visas for people who have arrived in Australia by boat seeking asylum. [3] The Commission conducted visits to multiple people and families in community detention, in their residences, on 13 December 2011, 20 and 21 February 2012 and 17 April 2012. The Commission conducted visits to and telephone interviews with asylum seekers and refugees living in the community on bridging visas on 15, 16, 17 and 24 May 2012. [4] The Commission visited Villawood Immigration Detention Centre and Sydney Immigration Residential Housing from 10 to 13 April 2012, and Maribyrnong Immigration Detention Centre and Melbourne Immigration Transit Accommodation from 18 to 20 April 2012. [5] The Australian Government collectively refers to these forms of immigration detention as ‘held' detention. [6] The Commission's reports of complaints about alleged human rights breaches in immigration detention are available at https://humanrights.gov.au/legal/humanrightsreports/index.html . The Commission's national inquiry reports are A last resort? National Inquiry into Children in Immigration Detention (2004), at https://humanrights.gov.au/human_rights/children_detention_report/index.html and Those who've come across the seas: Detention of unauthorised arrivals (1998), at https://humanrights.gov.au/human_rights/immigration/seas.html (viewed 6 July 2011). Over the past two years, the Commission visited seven immigration detention facilities and produced five detailed public reports. For further information see https://www.humanrights.gov.au/human_rights/immigration/detention_rights.html#9_3 . Further information about the Commission's activities relating to immigration detention is available at https://humanrights.gov.au/human_rights/immigration/detention_rights.html#9 . [7] The Department of Immigration and Citizenship's response is available at https://humanrights.gov.au/our-work/asylum-seekers-and-refugees.