Australian Immigration Detention FAQ
Source: Immigration Detention - the Current Position, Dr. Sev Ozdowski, HREOC, October 2003.
When was the policy introduced?
1992 to deal with the perceived influx of Cambodians and Vietnamese. One of the primary purposes was to perform basic health, identity and security checks.
Who is detained?
All persons who either arrive without a visa or whose visa expires. If they are intercepted outside Australia's territorial waters or arrive at Christmas Island/Ashmore Reef, they go to Nauru/PNG; otherwise detained in Australian detention centres.
How many boat arrivals?
In practice, most people in long term detention are asylum seekers who arrive by boat. Since 1989, 13,475 have arrived by boat, so in 14 years the total number would roughly fill 15% of the MCG (Melbourne Cricket Ground).
Where are they from?
Over the past few years most boat arrivals have been from Iran, Iraq, Afghanistan; reasonable numbers have also come from Palestine, Sri Lanka and China.
How many in detention (all categories)?
In 2001-2002 approximately 10,000 people in detention; 1,700 were children and 1,400 of those children were boat arrivals. As at 7 July 2003, there were just over 1,000 people in detention, 92 of whom are children.
Are they genuine refugees?
Over 90% of child boat arrivals in detention over the past three years have been found to be genuine refugees ie almost all found to have suffered persecution and released into Australian community.
Nationality of Children?
Nearly 50% of the children who applied for asylum over past three years are from Iraq and 97% of those were successful. Approximately 35% are from Afghanistan and 95% were successful. Just under 10% were from Iran and 66% were successful.
In the same period only about 20% of the asylum seekers who arrived with a visa (eg tourist visa) were found to be refugees; this refutes the argument that there is a correlation between being a "boat person" and a "fake refugee"; in fact boat people are much more likely to be refugees.
Unaccompanied children?
During 1999 alone, the last year UNHCR has figures, 20,000 Unaccompanied Minors applied for asylum in Western nations, 46 of those travelled to Australia. When the HREOC Inquiry was announced in November 2003, there were 53 unaccompanied children in maximum security detention centres.
How long in detention?
Boat arrivals must stay in detention until they get a refugee visa or are sent back home. Sometimes this can take years.
The longest a child has been in detention with a family is 5.5 years (Port Hedland).
In January 2003, the average length of detention for children was more than one year and three months.
By April 2003, 50 children had been in detention for more than 2 years. All of those children were in detention with one or more parents.
What type of visa do they get?
Since 1999, those who do get a refugee visa are only eligible for a three year temporary protection visa. After three years is up they must start all over again. This compares with those who arrive (say) on a tourist visa and then apply for refugee status - they are eligible for a permanent visas. Regulations proposed by the Government to bring these applicants into line with "boat arrivals" were disallowed by Parliament in September 2003.
What impact do the TPVs have on their recipients?
There is evidence suggesting they suffer from a lack of stability, have
difficulty settling and factually they cannot access some key services like the
Integrated Humanitarian Settlement Strategy's (IHSS) housing, education and
language support package or effectively "social security"; no rights
of family reunion and embargoed from returning to Australia if they depart.