Asylum Seekers and refugees
- Summary of Observations following the Inspection of Mainland Immigration Detention Facilities 2007
- Summary of Observations following the Inspection of Mainland Immigration Detention Facilities 2006
- Report on Visits to Immigration Detention Facilities by the Human Rights Commissioner (October 2002)
- National Inquiry into Children in Immigration Detention (May 2004)
- Human Rights and International Law implications of Migration Bills (September 2001)
- Human rights violations at the Port Hedland Immigration Processing Centre (November 2000)
- Visit to Curtin IRPC (July 2000)
- Human Rights violations in the Perth Immigration Detention Centre (June 2000)
- Immigration Detention Centre Guidelines (March 2000)
- 1998-99 Review of Immigration Detention Centres
- Submission on Australia's refugee and humanitarian programs (May 1999)
- Those who've come across the seas: Detention of unauthorised arrivals (May 1998)
Summary of Observations following the Inspection of Mainland Immigration Detention Facilities 2007
In January 2008, HREOC released its Summary of Observations following the Inspection of Mainland Immigration Detention Facilities 2007. The report covers immigration detention centre visits conducted in August-October 2007.
The Department of Immigration and Citizenship (DIAC) and the private detention service provider, GSL, was invited to respond to an advance copy of the report.
- Summary of Observations following the Inspection of Mainland Immigration Detention Facilities 2007
- DIAC's response
- GSL's response
Summary of Observations following the Inspection of Mainland Immigration Detention Facilities 2006
On 19 January 2007 HREOC released its 'Summary of Observations following the Inspection of Mainland Immigration Detention Facilities'. The report covers immigration detention centre visits conducted in October and November 2006.
The Department of Immigration and Multicultural Affairs (DIMA) and the private detention service providers (GSL, IHMS and PSS) were invited to respond to an advance copy of the report.
- HREOC's Summary of Observations following the Inspection of Mainland Immigration Detention Facilities
- DIMA's response
- GSL's response
A Report on Visits to Immigration Detention Facilities by the Human Rights Commissioner (2002)
A report on the Human Rights Commissioner’s visits to immigration detention facilities was tabled in Federal Parliament on 22 October 2002.
The report outlines the results of visits to Australia's mainland detention facilities during 2001 and a visit to Christmas Island and Cocos (Keeling) Islands in January 2002. It focuses on conditions in detention facilities and forms part of the Commission's regular monitoring of detention centres.
Read the Report on Visits to Immigration Detention Facilities
Briefing
Paper:
Human Rights and International Law implications of Migration Bills
(21 September 2001)
This briefing paper discusses the human rights and international law implications of the following Bills when they were before the Australian Senate - the Border Protection (Validation and Enforcement Powers) Bill 2001; Migration Amendment (Excision from Migration Zone) Bill 2001; and the Migration Amendment (Excision from Migration Zone) (Consequential Provisions) Bill 2001.
Human rights violations at the Port Hedland Immigration Processing Centre (2000)
HRC Report No. 12 (28 November 2000) deals with complaints by two Chinese asylum seekers detained at Port Hedland Immigration Reception and Processing Centre from June 1996. They claimed that they were not advised of their rights upon being taken into detention and that their requests for legal assistance were not met in a timely manner. They also complained about being held in 'separation detention' for 96 days in each case. The report finds these complaints established and recommends the payment of compensation to each complainant.
word Report on the Human Rights Commissioner's Visit to Curtin IRPC (2000)
On Saturday 29 July 2000 the Human Rights Commissioner, assisted by Dr Mary Crock, Senior Lecturer in Law at Sydney University, visited the Curtin Immigration Reception and Processing Centre. They made observations and obtained information about accommodation, programs and services, and the conditions and treatment of detainees.
Read the response from the Department of Immigration and Multicultural Affairs
Human rights violations in the Perth Immigration Detention Centre (2000)
Human Rights Commissioner's Report No.10 (29 June 2000) deals with a complaint by a Nigerian national detained at the Perth Immigration Detention Centre. The complaint included allegations that the detainee was handcuffed, shackled, placed in a windowless room for six days, denied medical treatment and held in detention for more than twelve months in 1996 and 1997. The treatment of the detainee was found, in some respects, to be in violation of article 10 of the International Covenant on Civil and Political Rights which requires detainees to be treated humanely.
Immigration Detention Centre Guidelines (2000)
Released in March 2000, the Immigration Detention Centre Guidelines are based on the relevant international minimum standards which set out what is required for humane detention. HREOC has a role to regularly inspect immigration detention centres and evaluate the conditions and the treatment of detainees. Adoption of detailed minimum standards will enhance the consistency and transparency of our evaluations.
1998-99 Review of Immigration Detention Centres
This report details the findings of the Human Rights Commissioner's inspections of four immigration detention centres in 1998-99: Villawood in Sydney, Maribyrnong in Melbourne, Port Hedland in WA and Perth WA. It evaluates conditions against the Immigration Detention Guidelines and makes a number of findings that further improvements should be implemented.
Submission on Australia's refugee and humanitarian programs (1999)
In May 1999 the Senate Legal and Constitutional References Committee commenced a broad-ranging inquiry into the operation of Australia's refugee and humanitarian programs. HREOC’s submission dealt with general issues and with specific terms of reference.
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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