Australia's Migration Act 1958 requires people who are not Australian citizens and do not hold a valid visa to be detained. Unless they are given legal permission to remain in Australia by being granted a visa, such unlawful non-citizens must be removed from Australia as soon as reasonably practicable.
Immigration detention supports a well-managed migration system and is used to enable the identification and management of potential risks to the Australian community, including national security, health and character risks. It also supports the integrity of Australia's visa programmes.
Detention is not limited by a set timeframe but is dependent upon a number of facts, including identity determination, developments in country information and the complexity of processing due to individual circumstances relating to health, character or security matters. Where a detainee challenges visa or removal decisions, this can also lengthen their period of time in detention.
Placement decisions for people in immigration detention are made taking into consideration each individual's circumstances and risks, with a view to seeking a balance between the best interests of the individuals, particularly children, and operational and security factors. This might include:
- the individual's character, any identity and security issues, age and family composition, health and well-being
- any unique or exceptional circumstances
- their cooperation with immigration processes
- the likelihood of the person's compliance with any conditions (such as reporting regularly, staying at the specified address and not working).
Australian immigration detention facilities, including those on Christmas Island, are regularly visited by the Commonwealth Ombudsman's Office, the Australian Human Rights Commission, the Australian Red Cross, pastoral care providers and representatives of community groups. There are also robust internal feedback and complaints systems in place at all facilities.
The length and the conditions of detention are subject to regular review by senior departmental officers and the Commonwealth Ombudsman. The reviews consider the lawfulness and appropriateness of the person's detention, their detention arrangements/placement, health and welfare and other matters relevant to their ongoing detention and case resolution.
Families with children
It is government policy that children will not be held in immigration detention centres. Children might be accommodated in low security facilities within the immigration detention network to manage health, security and identity risks to themselves or their guardians. Facilities include immigration residential housing, immigration transit accommodation and alternative places of detention.
Immigration detention facilities
Below are the types of detention facilities available in Australia. They all have different roles.
In addition to immigration detention facilities, some detainees might be released into the community and accommodated in community-based arrangements. These include entering the Status Resolution Support Service (SRSS) Band 2-3/ Community Detention or being released into the community on a Bridging Visa E (BVE).
Immigration detention centres
Immigration detention centres are for people who have overstayed their visa, are in breach of their visa conditions or who have come here without a valid visa. People who are refused entry into Australia at international airports and seaports may also be detained in an immigration detention centre.
We manage the following immigration detention centres:
- Christmas Island Immigration Detention Centre
- Maribyrnong Immigration Detention Centre
- Perth Immigration Detention Centre
- Villawood Immigration Detention Centre
- Yongah Hill Immigration Detention Centre.
Immigration residential housing
Immigration residential housing is flexible housing that allows detainees in immigration detention to have more autonomy. The benefit of this domestic style of accommodation is that detainees are able to cook their own food and control many aspects of their household. In addition to the usual recreational and social activities, detainees are also able to go shopping and take part in community events.
We manage the following immigration residential housing:
- Perth Immigration Residential Housing
- Sydney Immigration Residential Housing.
Immigration transit accommodation
Immigration transit accommodation provides hostel-style accommodation for detainees whose immigration pathway, usually, is likely to be resolved quickly. Detainees receive three meals a day, as well as self-catering for snacks at other times. The detention services provider arranges programmes and activities, including onsite recreational facilities.
We manage the following immigration transit accommodations:
- Brisbane Immigration Transit Accommodation
- Melbourne Immigration Transit Accommodation
- Adelaide Immigration Transit Accommodation.
Alternative places of detention
This type of facility is for detainees we assess as being minimal risk to our communities. Alternative places of detention are often used to accommodate families, children and detainees in need of medical treatment. Alternative places of detention can be in the form of rented housing in the community, hotel rooms and other community housing through arrangements with other government departments.
We manage the following alternative places of detention:
- Wickham Point Alternative Place of Detention
- Construction Camp Alternative Place of Detention
- Phosphate Hill Alternative Place of Detention
- Bladin Alternative Place of Detention.
Status Resolution Support Service (SRSS) Band 2-3/ Community Detention
SRSS Bands 2-3/ Community Detention Programme enables detainees, where approved by the minister, to reside in the community with certain conditions. Since expanding the Community Detention Programme in October 2010, significant numbers of unaccompanied minors, vulnerable family groups and vulnerable single adults have been relocated from immigration detention facilities to community-based accommodation.
We have contracts with a number of organisations to deliver support arrangements to detainees. This includes housing, residential/out-of-home care for unaccompanied minors, case worker support, an allowance to meet daily living costs, health care, and education for school aged children.
Management of detainees in immigration detention
We manage detainees in immigration detention by providing the following:
- health care
- general services, including meals, education, recreation and religious activities
- care arrangements for unaccompanied minors.
Health care provided to detainees in immigration detention facilities
All detainees in immigration detention have access to health care at a standard usually comparable to the health care available to the Australian community. We currently have a contract with International Health and Medical Services (IHMS) which provides and coordinates health care for detainees in immigration detention, including those in SRSS Bands 2-3/ Community detention.
Detainees entering immigration detention undergo a health induction assessment, which includes assessing for any physical and mental health issues. This assessment informs an ongoing health care plan.
IHMS provides primary health care through general practitioners (GPs), nurses, counsellors and psychologists located within immigration detention facilities. Specialist and ancillary services, including psychiatric, dental and physiotherapy, are provided by referral to an IHMS community network provider or onsite, by visiting practitioners. Emergency and acute health care is provided by local hospitals. Some immigration detention facilities have paramedics or nurses located onsite after-hours.
Health care provided to detainees in the community
The health needs of detainees accommodated in the community under SRSS Band 2-3/Community Detention are coordinated by IHMS, through a network of community-based providers. Detainees in the community are assigned a GP and pharmacy and, as required, the GP will refer the detainee to other health services, such as allied and specialist services. They can make an appointment with their GP at any time and are subject to the same waiting times as any member of the Australian community accessing public health services. The costs of health provisions for community detainees are billed to IHMS and passed through to us.
Education and other activities
Arrangements are in place for all school aged children in detention including those in the community to attend school in line with state and territory government legal requirements. We fund access to schools through agreements with providers.
The detention service provider runs cultural and lifestyle classes, sporting activities, external excursions, educational programmes and English language classes for detainees in immigration detention.
Detainees in immigration detention facilities have access to resources and equipment for self-education and recreation. These include computers, CDs and videos, art and craft supplies, sport and recreational facilities and equipment, a library with a variety of reading material in various languages, and computers with internet access.
A variety of nutritious meals are served three times a day. Meals are also prepared for cultural and religious festivals, such as Ramadan and Christmas. Detainees who need special diets for cultural or medical reasons are catered for. Beverages and snacks are available between meals.
Individual Allowance Programme
The Individual Allowance Programme (IAP) is a system by which detainees can earn points in order to access incidental items from shops and canteens in immigration detention facilities. The IAP is managed by Serco on behalf of the department. Detainees in immigration detention are given mandatory points each week and have the opportunity to earn more by participating in a variety of programs and activities. Points do not accumulate; if they are not used by the end of the week, they are forfeited. Points may not be transferred between individuals (unless in a family) and are not exchangeable for cash. The IAP allows detainees in immigration detention to purchase phone cards, and other incidental items such as newspapers, additional hygiene items, recreational items, snacks and soft drinks.
All immigration detention facilities have areas for prayer and worship services, and detainees in immigration detention can practise the religion of their choice. Religious representatives provide services for most major faiths. Detainees have access to:
- religious representatives
- appropriate religious books and materials
- communal areas for religious activities, celebrations, feasts and worship.
Care arrangements for unaccompanied minors
We entered into a contract with service providers under the Status Resolution Support Service (SRSS) programme to provide specific care and support for all children who are in immigration detention facilities throughout Australia who don't have a parent or guardian with them. The Australian Red Cross has been contracted to deliver these services in Australia. The SRSS provider for unaccompanied minors on Christmas Island is Serco Australia. These service providers work closely with the Department and Serco (in its capacity as Detention Service Provider) to coordinate care arrangements for children to ensure their unique needs are met, and their safety and wellbeing promoted.
While detainees are in immigration detention, there are a range of meetings and interviews which they are required to undertake. For children and young people who don't have a parent or guardian with them, the contracts provide for independent observer services. The independent observer is there to provide a friendly and reassuring presence for the child and to provide pastoral care and support through formal interview processes.
Tracing and restoring family links
The Australian Red Cross conducts regular visits to immigration detention facilities through a Memorandum of Understanding (MOU) with the department. Under the terms of the MOU the Australian Red Cross provides detainees with access to family tracing services. The objective of the service is to re-establish contact for detainees in immigration detention who have lost contact or have been separated from family members or close friends. Contact is often lost due to situations of armed conflict, internal violence, natural disaster and any other humanitarian cases in which there are no other means of communication.
Immigration detention statistics
Statistics for the number of detainees held in each of the immigration detention facilities are updated regularly and are available on our website.
External scrutiny of immigration detention services
Scrutiny from a number of external bodies helps ensure detainees held in immigration detention are treated humanely and fairly.
These parties include:
- Parliamentary committees
- the Minister's Council on Asylum Seekers and Detention
- the Commonwealth Ombudsman
- the Australian Human Rights Commission
- the United Nations High Commissioner for Refugees.
We advise the Commonwealth Ombudsman and Parliament regularly on the status of detainees who have been in immigration detention for two years or more.
The Minister's Council on Asylum Seekers and Detention provides the Minister for Immigration and Border Protection with independent advice on the resolution of immigration status for people seeking asylum or other migration outcomes in Australia.
Detainees have the right to provide feedback about their treatment in immigration detention without adverse consequences. Their feedback will be followed up quickly and fairly and can be submitted to:
- the detention service provider or departmental staff at the facility
- the Commonwealth Ombudsman
- state and federal police
- state and territory child welfare agencies
- other external agencies such as the Australian Human Rights Commission.