PrintOutput 1.5 Immigration detention
Objective
This output seeks to 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
The total number of people held in immigration detention in 2007–08 continued to decline, from 5485 people in 2006–07 to 5003 people in 2007–08. This represents a decrease of 9 per cent.
At 30 June 2008, there were 402 people in immigration detention compared to 441 at the same point in 2007. This represents a decrease of 9 per cent.
There were 4514 people taken into immigration detention in 2007–08, compared to 4718 in 2006–07, a reduction of over 4 per cent.
Of the 4514 people taken into immigration detention during 2007–08:
- 1865 were people who had been living in the community but overstayed or breached visa conditions representing 41.3 per cent of the total
- 1232 were illegal foreign fishers representing 27.3 per cent of the total
- 452 were unauthorised arrivals (423 by air and 29 by boat) representing 10.0 per cent of the total
- 965 were in other categories representing 21.4 per cent of the total.
There were 4601 people released or removed from immigration detention during 2007–08, with approximately 78 per cent removed overseas. Approximately one per cent were granted protection visas and released, and 21 per cent were released into the community on other grounds.
Table 54: Immigration detention—performance information| Measures | Results |
|---|---|
| Quality | |
| Timeliness of contract management and compliance | Monitoring of contractual requirements occurred with breaches addressed |
Figure 26: People taken into immigration detention from 2004–05 to 2007–08
Figure 27: People entering immigration detention by arrival type in 2007–08
Figure 28: Population in immigration detention from 1 December 1989 to 8 August 2008
Figure 28 shows the trend in the number of people in immigration detention in Australia from 1989 to 2008. The detention of large numbers of unauthorised boat arrivals is represented by the peaks from 1999 to 2002. From that period onward there has been a continuing downward trend in the number of people in immigration detention. The detention population has now returned to a level comparable to that of the mid-1990s.
The number of people in immigration detention at 30 June 2008 was 402. A total of 13 had applied for a protection visa but had not yet received a primary decision on that application. This compared with 441 at 30 June 2007 (with 19 awaiting a primary decision), 749 at 30 June 2006 (with 25 awaiting a primary decision) and 865 at 30 June 2005 (with 28 awaiting a primary decision). The 402 people in immigration detention included those living under alternative detention arrangements with 44 accommodated under residence determination (community detention).
The 402 people in immigration detention at 30 June 2008 included six unauthorised boat arrivals, 25 unauthorised air arrivals, 323 people who had been living in the community but had overstayed or breached visa conditions, 26 illegal foreign fishers and 22 others such as stowaways and ship deserters.
Figure 29: People in immigration detention by arrival type at 30 June 2008
A large proportion of people in immigration detention on 30 June 2008 (81 per cent) arrived in Australia lawfully and were detained after they breached the conditions of their visas or overstayed their visas. Only a small proportion (about 1 per cent) had arrived in Australia as unauthorised boat arrivals.
In 2007–08, there were 175 333 detainee days spent in immigration detention centres and other places. This compares with 217 293 detainee days spent in immigration detention centres and other places in 2006–07.
Of the 175 333 detainee days, there were 39 149 days (over 22 per cent) spent where the person in immigration detention was detained at a place outside an immigration detention centre. Figure 30 shows that as at 30 June 2008, 24 per cent of the people in immigration detention were either illegal foreign fishers or were detained outside immigration detention centres.
Figure 30: People in immigration detention by location at 30 June 2008
Figure 31: People in immigration detention by period detained at 30 June 2008
Figure 31 shows that at 30 June 2008, 37 per cent of people in immigration detention had been detained for less than 3 months and 50 per cent of people in immigration detention had been detained for less than 6 months.
Community detention
The community detention program has now been in operation for three years and has allowed children and their families, unaccompanied minors and people with special needs that cannot be catered for in immigration detention centres to live in the community while their immigration status is resolved. The Australian Red Cross provides community care for these people and their health is looked after by the International Health and Medical Service. People in community detention are provided with furnished accommodation and given an allowance to provide for everyday living expenses. The Australian Red Cross maintains regular contact with those in community detention to ensure their wellbeing. Meanwhile, the department works towards resolving their immigration status or arranging for their removal from Australia.
At 30 June 2008, there were 44 people living in the community under residence determination arrangements (32 adults and 12 children). Of these people, there were a total of seven family groups and four unaccompanied minors.
Scrutiny
The department has continued its commitment to openness and transparency through several avenues of public scrutiny. During 2007–08, immigration detention centres and other places of detention were visited by several independent organisations, including the Commonwealth Ombudsman's office and the Human Rights and Equal Opportunity Commission which provided reports and feedback to the department. Members of the Immigration Detention Advisory Group also visited immigration detention centres throughout 2007–08.
The department implemented a targeted strategy to ensure that people in immigration detention understand they can complain or provide feedback about any aspect of their detention. Posters detailing the process for providing feedback have been provided to all places of detention. The posters are available in 13 languages.
Immigration Detention Advisory Group
The Immigration Detention Advisory Group (IDAG) continued 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 program strategies, 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 2007–08, IDAG formed a sub-group to advise the minister on a research and evaluation agenda to provide a stronger evidence base to detention programs and services.
Detention Health Advisory Group
The Detention Health Advisory Group (DeHAG) was convened in March 2006 and plays a major role in providing the department with independent, professional advice on the design, implementation and monitoring of health policy and procedures.
The DeHAG consists of the key health and mental health professional organisations including the Royal Australian and New Zealand College of Psychiatry, Australian Medical Association and the Public Health Association. The Commonwealth Ombudsman has observer status. The DeHAG is chaired by Associate Professor Harry Minas, who is also a member of IDAG.
The DeHAG has a sub-group focusing on mental health. A second sub-group, the Infectious Disease Sub-Group, was convened in 2007 and completed its objectives in February 2008 providing advice on tuberculosis and malaria strategies for the Northern Immigration Detention Centre in Darwin and risk management advice for health and safety protocols relating to hepatitis B and influenza.
Health services for people in immigration detention
The department is responsible for looking after the health and wellbeing of people in immigration detention. This is achieved by focusing on wellness and by providing access to appropriate health care comparable to that available in the Australian community.
Health care is delivered to people in immigration detention through contracted arrangements with health service providers and also through agreements with state and territory health departments for acute in-patient hospital services. The department's primary health service provider facilitates access to all health services across the detention network including the development of a community-based general practitioner network and other primary health care requirements.
The department has a range of primary health care services available in immigration detention centres including registered nurses and general practitioners. For immigration transit accommodation, a smaller range of on-site primary health services (registered nurses) is available.
In immigration residential housing and community detention, the health service provider facilitates and coordinates access to general practitioners who refer on to other health providers as required.
While the department provides general primary health care services as well as mental health services to people in immigration detention, acute care services are accessed through the public system. Agreements are in place with all state and territory health departments (excluding the Australian Capital Territory) and formal memorandums of understanding (MOUs) are in place with Victoria, South Australia, Northern Territory and Tasmania. An MOU with Queensland is being finalised and negotiations continue with New South Wales and Western Australia.
Tenders for the provision of detention services
The department released three requests for tender (RFTs) to the market on 24 May 2007 for the provision of:
- detention services for people in immigration detention centres
- health services for people in detention
- detention services for people in 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 a service delivery model developed through a significant consultation process with community stakeholders, non-government organisations and industry to ensure people in immigration detention are treated with dignity and respect and that the department's duty of care is properly exercised. The model reflects the significant reforms that have occurred in detention arrangements since 2005 and focuses on the different needs of people in immigration detention.
An industry briefing and due diligence site tours of all immigration detention facilities followed the tender release.
Tender responses were received in September 2007.
At the time of preparing this report the evaluation process was still continuing.
Immigration detention network
Immigration detention facilities are designed to be flexible and to provide a sense of community, yet still adhere to general safety and operational security requirements.
There have been several additions to the network of detention facilities during 2007–08 including the opening of immigration transit accommodation in Brisbane and Melbourne in October 2007 and June 2008 respectively.
The purpose-designed centre on Christmas Island was opened in April 2008.
Closure of facilities
In response to the continuing downward trend in the numbers of people being detained, the department closed the Baxter Immigration Detention Centre and Port Augusta Immigration Residential Housing. It also disposed of the Woomera Immigration Detention Centre and leased out the immigration detention facilities at Port Hedland.
Computing facilities, internet and email services
Computing facilities with access to internet and email services are available to all people in immigration detention centres.
