1.3.5 Detention
Objective
- Provide lawful, appropriate, humane and efficient detention of unlawful non-citizens.
Description
Under this output component, the department detains unlawful non-citizens as required under Commonwealth legislation.
Performance
There were 5485 people detained at some time during 2006-07, compared to 7375 in 2005-06, 8587 in 2004-05. The maximum number held in immigration detention on any one day was 847, compared to 1015 in 2005-06, 1154 in 2004-05.
There were 4718 people taken into immigration detention during 2006-07, compared with 6510 in 2005-06 and 7522 in 2004-05. They included:
- 595 unauthorised arrivals (584 by air and 11 by boat) compared with 703 unauthorised air and 63 boat arrivals in 2005-06
- 1797 people who had been living in the community but overstayed compared to 2099 in 2005-06
- 1437 illegal foreign fishers compared to 2888 in 2005-06
- 889 others compared to 757 in 2005-06.
There were 5044 people released from immigration detention or removed during 2006-07 compared to 6626 in 2005-06. They included:
- 22 unauthorised boat arrivals compared to 141 in 2005-06
- 597 unauthorised air arrivals compared to 700 in 2005-06
- 1836 people who had been living in the community but had overstayed compared to 2285 in 2005-06
- 1677 illegal foreign fishers compared to 2691 in 2005-06
- 912 others compared to 809 in 2005-06.
Of the 5044 people released from immigration detention or removed during 2006-07:
- 150 had been granted a protection visa compared to 197 in 2005-06
- 610 had been released on other grounds compared to 814 in 2005-06
- 4284 were removed from Australia compared to 5615 in 2005-06.
Figure 18 shows the continuing downward trend in the total number of people in immigration detention compared to the number of people (excluding illegal foreign fishers) in immigration detention over the period from January 2005 to June 2007. The convergence of the two lines from late 2005 to June 2007 reflects the decreasing number of illegal foreign fishers being held in immigration detention over that period.
The number of people in immigration detention at 30 June 2007 was 441, of whom 19 had applied for a protection visa but had not yet received a primary decision on their applications. This compared with 749 at 30 June 2006 (with 25 awaiting a primary decision) 865 at 30 June 2005 (with 28 awaiting a primary decision). The 441 people in immigration detention included those who are living under alternative detention arrangements with 65 accommodated in community detention and 34 living elsewhere, such as in foster care, private apartments, correctional facilities, or hospitals.
There were 441 people in immigration detention as at 30 June 2007 compared with 749 people in immigration detention as at 30 June 2006, a decrease of 41 per cent. This included:
- 5 unauthorised boat arrivals (compared to 17 at 30 June 2006)
- 28 unauthorised air arrivals (compared to 40 at 30 June 2006)
- 363 people who had been living in the community but had over-stayed or breached visa conditions (compared to 402 at 30 June 2006)
- 15 illegal foreign fishers (compared to 251 at 30 June 2006)
- 30 others such as stowaways and ships deserters (compared to 39 at 30 June 2006).
A large proportion of people in immigration detention on 30 June 2007 (83 per cent) arrived in Australia lawfully and were detained after they breached the conditions of their visa or overstayed their visa. Only a small proportion of those in immigration detention on 30 June 2007 (less than 8 per cent) had arrived in Australia unlawfully by air or sea. The majority of the balance of people in immigration detention on 30 June 2007 were illegal foreign fishers.
While on 30 June 2006 there were 606 people in immigration detention centres, the number of people in immigration detention centres on 30 June 2007 had dropped by 49 per cent to 312.
Figure 22 shows that at 30 June 2007, 32 per cent of people in immigration detention had been detained for less than three months and 46 per cent of people in immigration detention had been detained for less than six months.
Community detention
The Migration Act 1958 provides the Minister of Immigration and Citizenship with a non-compellable, non-delegable public interest power to specify a residence determination (community detention).
Community detention provides a detention alternative for families, women and children, torture and trauma victims and individuals whose health needs can not be appropriately managed within a secure detention environment.
Placement in community detention enables people to move about in the community without needing to be accompaniedor restrained by an immigration officer or designated person. It is nonetheless a form of immigration detention and it does not give the detainee any lawful status or the rights or entitlements of a person living in the community who is the holder of a valid visa. People must comply with conditions set by the minister.
Generally, they must live at a specified address, regularly report to the department and not engage in paid work. The minister can specify other conditions and may alter these conditions or cancel the arrangement if people do not abide by their conditions.
Efforts to determine a person’s immigration status and/or arrange removal from Australia continue while the client is living in the community. Unless a visa is granted, the detainee will be removed from Australia once all outstanding matters are finalised.
At 30 June 2007, there were 65 people living in the community under residence determination arrangements (33 adults and 32 children). Of these people, there were a total of 13 family groups, 13 adults, three unaccompanied minors and one accompanied minor whose mother is lawfully in the community.
Placement of people in immigration detention
Following successful trialling and consultation on the new client placement arrangements, the Client Placement Model framework is being implemented nationally in two phases.
Phase 1 Preliminary Client Placement was implemented across Border Security, Compliance and Detention Operations in July 2007. Phase 2 involving the integration of the new placement arrangements with Case Management is currently being progressed.
In line with the department’s Integrated Business Model the new client placement arrangements support and further strengthen integrated business processes across four core functional areas of the department - Border Security, Compliance, Detention and Case Management.
Significant benefits, including a nationally consistent and integrated approach to detention placements and quality assurance through regular review will be gained from the new arrangements.
Detention review managers
Detention Review Managers (DRMs) review the lawfulness and reasonableness of decisions to detain under the Migration Act. DRMs review the initial detention decision and continue to review the cases of people in detention on an ongoing basis to ensure their detention remains lawful and reasonable and that their cases are being actively progressed.
Detention review committees
The Executive Detention Review Committee (EDRC) meets on a monthly basis and is chaired by a deputy secretary. The EDRC provides a high level forum for dealing with possible systemic issues that may affect the timely resolution of outcomes for people in immigration detention. Work commissioned by the EDRC in 2006-07 included progressing the resolution of a number of caseloads, including those in detention for two years or more and those with identity concerns and ensuring all people in detention have a case manager.
The Detention Review Committee (DRC) meets monthly, reporting to the EDRC. The DRC brings together officers from the service delivery network with key policy and processing areas in National Office. With the establishment of the Compliance Quality Assurance framework, the EDRC requested a review of the DRC’s function. Following the review, the DRC’s role was re-focused to provide greater, independent assurance that people are detained lawfully and reasonably and their cases actively progressed, while providing an opportunity to discuss systemic detention issues arising from caseload management.
Removal Pending Bridging visas
The Removal Pending Bridging visa (RPBV) came into effect on 11 May 2005 and the Migration Regulations were revised on 16 June 2005.
This visa was introduced to enable the release, pending removal, of people in immigration detention who have been cooperating with efforts to remove them from Australia but whose removal is not reasonably practicable at that time.
RPBV holders are entitled to a wide range of support services including help from Centrelink and access to Medicare.
RPBVs may be granted using the minister’s non-delegable, non-compellable public interest power to grant a visa to a person in immigration detention. This power is in section 195A of the Migration Act 1958.
At 30 June 2007, there were a total of 15 people holding RPBVs. During 2006-07, seven people were granted RPBVs. Thirteen RPBV holders subsequently received a substantive visa and two RPBV holders had their visas ceased.
Bridging E Visa (BVE) (subclass 051)
Under the Migration Regulations, unauthorised arrivals with a special need may be released on a Bridging E Visa (BVE) (subclass 051), where they have made a valid application for a protection visa and have not received a primary decision (or it is subject to merit or judicial review).
At 30 June 2007, there was one individual living in the community on a BVE (subclass 051). During the 2006-07 financial year, there were no BVE (subclass 051) grants.
At 30 June 2007, the department had two BVE (subclass 051) applications which are under consideration.
Reports to the Commonwealth Ombudsman
The department is required to report to the Commonwealth Ombudsman when a person has been detained for two years or more and at the end of each subsequent six-month period if the person remains in immigration detention.
The ombudsman subsequently produces a report on these cases which the minister is required to table in both Houses of Parliament within 15 sitting days of receipt of the report.
At 30 June 2007, the department had provided reports to the ombudsman on 367 people who had been detained for two years or more. Of these 367 people, supplementary reports were provided for 139 people who remained in detention at the end of a further six month period.
Of the 367 people the department reported on to the ombudsman, 275 were no longer in immigration detention at 30 June 2007.Of these:
- 106 were granted temporary visas
- 102 were granted permanent visas
- 28 were removed from Australia
- 16 were granted Removal PendingBridging Visas
- 11 were granted bridging visas
- eight had been released into the community after their previously cancelled visas had been reinstated following a Full Federal Court decision
- three are now Australian citizens
- one had a visa cancellation overturned by the minister.
Of the 367 people reported on to the Commonwealth Ombudsman by the department, 92 remained in immigration detention at 30 June 2007. Of these, 52 people were in immigration detention centres, 39 were in community detention and one person was in prison.
Of those who remain in immigration detention, the two largest nationalities represented are the People’s Republic of China and Tonga.
The ombudsman has provided 211 reports covering 187 people to the minister as at 30 June 2007.
Of those reports, the minister has tabled 199 reports in parliament, covering 174 people.
Of the 174 people reported on by the ombudsman and tabled by the minister in parliament, 143 were no longer in immigration detention at 30 June 2007. Of these people:
- 76 were granted permanent visas
- 28 were granted temporary visas
- 25 were removed from Australia, of whom one person has returned home voluntarily with the department’s help after being granted a Removal Pending Bridging Visa
- seven people were granted Removal Pending Bridging Visas
- three people have been granted bridging visas
- three people have been released into the community after their previously cancelled visa had been reinstated following a Full Federal Court decision
- one person has had a visa cancellation overturned by the minister.
In reports provided to the minister, the ombudsman has made a number of recommendations covering several areas. The most frequent recommendations were that the minister consider alternative detention arrangements, or that people be released on a visa pending the finalisation of their immigration status or removal arrangements. In other cases, the ombudsman recommended that the minister make a decision regarding an outstanding Ministerial Intervention submission before the report was tabled in parliament, and on some occasions also recommended that the department consider appropriate action for ongoing management of the client’s health while achieving an immigration outcome.
Formal arrangements with state authorities
The department continued to pursue formal arrangements with state authorities for policing, corrections and fire protection services.
Memoranda of Understanding (MOUs) with the South Australia Police and South Australia Metropolitan Fire Service remain in place. Negotiations with other state law enforcement agencies are expected to be finalised during 2007-08.
Acute health care services are accessed from either state or territory health services or on occasions from private hospitals. MOUs for the provision of specified health services have been agreed with the South Australian Department of Health and the Northern Territory Department of Health and Community Services. Discussions on similar agreements are underway with remaining state and territory health departments and all jurisdictions currently provide access to health services while negotiations continue to finalise arrangements.
Scrutiny
The department has continued its commitment to openness and transparency through several avenues of public scrutiny. During 2006-07 immigration detention centres and other places of detention were visited by several outside organisations. Both the Commonwealth Ombudsman’s Office and the Human Rights and Equal Opportunity Commission visited immigration detention centres and provided reports and feedback to the department. Members of the Immigration Detention Advisory Group (IDAG) have also visited immigration detention centres throughout 2006-07.
The department has implemented a targeted strategy to ensure that people in immigration detention understand they can complain or provide feedback about any aspect of their detention. A poster detailing the process for providing feedback has been provided to all places of detention.
In 2006-07, the Detention and Offshore Services Division received 234 complaints through the Global Feedback Unit, the Commonwealth Ombudsman’s Office, the United Nations Human Rights Committee and the Human Rights and Equal Opportunity Commission. In 2006-07 complaints were addressed in an average of 28 days. In 2005-06 the comparison was 241 complaints received and an average response time of 30 days.
Immigration Detention Advisory Group
The Immigration Detention Advisory Group (IDAG) continues to advise the minister on matters relating to the detention of unlawful non-citizens accommodated in immigration detention centres and under alternative and community detention arrangements. In particular, IDAG advises on the appropriateness and adequacy of detention services, accommodation and amenities provided to people in immigration detention.
Members continue to contribute to the development and implementation of key detention programme strategies within the detention reform environment, including infrastructure projects, improved client service, national stakeholder engagement, detention health, case management and community care, the Detention Services Tender and issues regarding detention of illegal foreign fishers.
During 2006-07 IDAG recommended the minister develop a research and evaluation agenda to provide a stronger evidence base to detention programmes and services. The department is currently considering such a programme.
Health services in immigration detention centres
The overarching philosophy of detention health care is to ensure that people in detention have access to clinically recommended, quality health care, at a standard comparable with health care available to the Australian community.
It also takes into account the diverse and potentially complex individual health issues of people in detention.
Health care is delivered to people in immigration detention centres through a combination of on-site health care professionals and referral to external facilities and specialists. All people who go into immigration detention centres are offered a physical health assessment and are assessed for mental health concerns. If the clinical management plan requires referral to a specialist service this is arranged via a clinical referral pathway developed with identified public and private sector health providers.
Detention services and health services tenders
The department released three requests for tender (RFT) to the market on 24 May 2007 for the:
- provision of detention services for people in detention at immigration detention centres
- provision of health services for people in detention
- provision of detention services for people in detention at immigration residential housing and immigration transit accommodation.
The release of the tenders followed an industry preparation phase involving exposure to draft RFT processes and an initial site tour of detention facilities.
The service requirements contained in the RFTs reflect the department’s service delivery model developed through a significant consultation process with community stakeholders, non-government organisations and industry. The model reflects the significant reforms in detention arrangements and focuses on the needs of people in detention.
An industry briefing and due diligence site tours of all immigration detention facilities followed the tender release.Tender responses are due in September 2007.
Infrastructure programmes
Acting on recommendations in the Palmer and Comrie reports the department has upgraded immigration detention centres and constructed immigration residential housing in Perth and Sydney. The department has undertaken construction of immigration transit accommodation in a number of capital cities. These works have considerably improved the range of options for people in detention and provided people in immigration detention with accommodation commensurate with Australian community standards and expectations.
Immigration detention centres
Immigration detention centres present a more secure detention environment for people in immigration detention who are considered to be a higher flight or security risk. The facilities are designed to be flexible, user-friendly and non-intrusive, yet still adhere to general safety and operational security requirements. Special emphasis is placed on the privacy of people in detention and the aesthetics of premises by maximising the use of natural light, colours, textures and materials. Despite the focus on security the provision of attractive outdoor and indoor spaces offers comfort, privacy and areas for active or passive recreation.
The Christmas Island Immigration Detention Centre is expected to be operational in the first quarter of 2008. It has been purpose designed and will have a capacity of 400 beds and 400 contingency spaces.
Detention operations at Baxter Immigration Detention Centre were scaled down pending a decision on its future. The department has undertaken work at Villawood Immigration Detention Centre to improve facilities and amenities for residents, including a new kitchen, playing fields and an internet cafe. Expansion and refurbishment works at Maribyrnong Immigration Detention Centre are substantially complete, maximising the available space and improving amenities for residents. The Northern Immigration Detention Centre in Darwin has been used mainly for illegal foreign fishers and has accommodation for about 570 people. An upgrade planned for the south compound will include the provision of purpose built amenities.
Immigration residential housing
Immigration residential housing is the only infrastructure into which families with children are placed. Perth immigration residential housing has been accommodating people in immigration detention since March 2007 and consists of two five-bedroom houses, each with two living areas and two bathrooms. One house is configured for people with disabilities. Sydney immigration residential housing, comprising four duplex units with a capacity of 40 people became operational in August 2006.
Immigration transit accommodation
The department is developing immigration transit accommodation in Brisbane, Melbourne and Adelaide to provide short-stay transit accommodation. The accommodation is in the style of a motel or hostel for low security people without lawful authority to remain in Australia. The Melbourne immigration transit accommodation is due to be completed in 2007 and will house up to 30 people. Brisbane immigration transit accommodation is purpose-designed and will also house 30 people. It is due to be fully operational at the end of October 2007. Adelaide immigration transit accommodation, which will accommodate 12 people, is scheduled for completion in September 2008.
Computing facilities and internet and email services.
Computing facilities and internet and email services for people in immigration detention were successfully trialled at Maribyrnong immigration detention centre in 2006-07 and have been extended on a limited basis to other centres. A further rollout of these services to other centres will be carried out in 2007-08.