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This submission aims to highlight a number of issues for children in immigration detention arising from the Department of Human Services' (DHS) involvement in child protection, health service provision to children and their families, settlement support and care of unattached minors.

The Australian Psychological Society categorically condemns the practice of detaining child asylum seekers and their families, on the grounds that it is not commensurate with psychological best practice concerning children’s development and mental health and wellbeing. Detention of children in this fashion is also arguably a violation of the UN Convention on the Rights of the Child.

As a sovereign country, Australia has a right to decide who is allowed to enter and stay in the country. However, with this right comes a set of legal responsibilities.

The Equal Opportunity Commission of Victoria (the Commission) commends the enquiry by the Human Rights and Equal Opportunity Commission into the circumstances of children in immigration detention and the longer-term effects of detention on children who have entered the Australian community. This submission considers the post-detention experience and treatment of children and young adults released into the community as recognised refugees, with particular reference to,

One of the Commission’s central functions is to undertake education programs that increase public awareness and generate discussion of human rights and anti-discrimination issues within Australia.

The current mandatory detention policy of the Commonwealth of Australia breaches the fundamental principle of the rights of the child which is that children should be able to develop to their full potential. The policy breaches every article of the Convention on the Rights of the Child. The policy violates the right to health as established by international law.

The immigration status that results in the detention of children under Australian law also affects their entitlements to various services on release from detention, after they have been recognised as refugees. As discussed in Chapter 6 on Australia's Detention Policy, most children detained in immigration detention facilities for long periods are detained because they arrive in Australia without a visa (unauthorised arrivals). More than 90 per cent of those children are subsequently found to be refugees and are therefore released on temporary protection visas (TPVs).

The United Nations High Commissioner for Refugees (UNHCR) estimates that around half of the 50 million displaced persons in the world are children. Around 10 million of these children are under the care of UNHCR. Approximately 100,000 separated children roam Western Europe.(1) During 1999 alone, more than 20,000 separated children applied for asylum in Western Europe, North America or Australia.(2) Of those 20,000 unaccompanied children, 46 travelled to Australia to seek asylum. In the same year a further 202 children sought asylum in Australia with their families.(3)

The Human Rights and Equal Opportunity Commission occupies a unique place in Australian society. It sits independent of Government, yet it is not what is traditionally known as a non-government organisation (NGO) or an advocate.

Letter to Mr Philip Ruddock MP 31/01/2002 Letter to Mr Philip Ruddock MP 22/02/2002 Letter to Mr Philip Ruddock MP 21/03/2002 Letter to Mr Philip Ruddock MP 03/04/2002 Letter to Mr Philip Ruddock MP 29/04/2002 Letter to Mr Philip Ruddock MP 06/05/2002 Letter to Mr Philip Ruddock MP 09/06/2002

All Australians have human rights. Human rights are universal: they are for everyone, everywhere, everyday. Human rights are based on values such as freedom, equality and dignity and seek to protect our quality of life.

The Convention on the Rights of the Child states that unaccompanied children - particularly those seeking asylum - need special protection and assistance. Where unaccompanied children have a legal guardian, their best interests must be the guardian's 'basic concern'.

Submissions to the National Inquiry into Children in Immigration Detention

6.1 Commission projects and publications The Commission has considered issues relating to the human rights of people impacted by section 501 visa refusals or cancellations in the following work: The Commission’s report: 2011 Immigration detention at Villawood: Summary of observations from visit to detention facilities at Villawood [106] The Commission’s 2009 submission to the Senate Standing ...

This submission has been produced by the Queensland Program of Assistance for Survivors of Torture and Trauma (QPASTT) and the Youth Advocacy Centre (YAC). The submission is also endorsed by a number of individuals and organisations working directly or indirectly with asylum seekers and refugees (See list on page 2). Their staff hear similar stories and reports from their clients and have come to similar or the same conclusions as those in this report.