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National Inquiry into Children in Immigration Detention



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Submission to the National Inquiry into Children in Immigration Detention from

Barnardos Australia

Dear Sir/Madam

RE: NATIONAL INQUIRY INTO CHILDREN IN IMMIGRATION DETENTION

Barnardos Australia is a family support and out of home care children's welfare agency operating services in New South Wales and ACT. We make this submission based on a number of detainee children and young people that we have provided services for within their own families, and as homeless adolescents. Furthermore, Barnardos has general experience of the impact of institutional care of children and young people, and children living with uncertainty and stress. We have proved specialist support services to refugee Indo-Chinese young people who have experienced detention in refugee camps.

We believe that the children and young people who have been in detention have three sets of issues: they have experienced migration, they have been refugees, and they have had the added experience of detention. The impact of any one of these issues is difficult to differentiate; however the cumulative impact is significant.

This submission is based on service experience predominantly with the last wave of political refugees from Indo-china (1985-present) through Kingston House. However we have had experience of detainees in 2001 from Afghanistan (two adolescents), the West Sahara (an adolescent) and from Iraq (one family of five and one father and child). These people had come through Villawood, Curtin and Port Headland.

Kingston House was established in 1985 to assist Indo-Chinese refugees who had arrived in Australia without relatives or who had become isolated since arrival, it subsequently moved into working with young people under the Orderly Departure program and Family Reunion. Kingston House specialises in young people with emotional disturbance and challenging behaviour. (Refer to attachment)

Our submission relates to terms of reference:

3. The adequacy and effectiveness of the policies governing children in immigrant detention or child asylum seekers and refugees residing in the community after the period of detention with reference to the conditions under which they are detained. Our experience of working with these young people is that they can have very disturbed behaviour for long periods of time.

4. Impact of detention on the well-being and healthy development of children, including their long-term development. Our experience indicates that the length of detention is directly related to the level of disturbance.

5. The additional measures and safeguards, which may be required in detention facilities to protect human rights and best interests of, detained children. We believe that unaccompanied children and young people should not be in detention, and that families should be moved into the community.

6. The additional measures and safeguards which may be required to protect the human rights and best interests of child asylum seekers and refugees residing in the community after the period of detention. What we have learnt about providing services to these young people is that culturally sensitive services staffed when ever possible by workers of the same culture is extremely important. This work is in common with migrant and refugee experiences generally. We would point to the need for family support and accommodation services for these children.

3. ADEQUACY OF AND EFFECTIVENESS OF THE POLICIES, AGREEMENTS, LAWS, RULES AND PRACTICES GOVERNING CHILDREN IN IMMIGRATION CENTRES OR CHILD ASYLUM SEEKERS AND REFUGEES RESIDING IN THE COMMUNITY AFTER A PERIOD OF DETENTION WITH PARTICULAR REFERENCE TO CONDITIONS, HEALTH, EDUCATION AND CULTURE

Policies and practices in immigration centres appear to lead to distress in children and young people, which last long after the period of detention. This appears to be because of general conditions of detention, lack of attention to children's developmental needs and failure of policies to respect culture during detention.

CASESTUDY 1: Interview with boy aged 12, two years after detention:

What was good about your time in detention?

The only good thing was that I met a man who could speak my language-we used to talk, he was very nice.

What was bad?

There was no space to play and there were fences everywhere. I did not enjoy the food, it had a strange colour and the chicken had its hairs still on it. Also there was very uncomfortable. Also there was no morning or afternoon teas and drinks. I found it hard to sleep on my bed, as it was very uncomfortable. I was scared of the strangers who were fighting. I missed my father, relatives and home a lot.

What did it feel like?

I was worried all the time and had nightmares. I did not know if I would be able to see my father again (father was delayed for some months before reuniting with family). I felt like I'd been in prison and was worried about the future. I did not know whether we could get out and have a normal life like other children.

Do you still think about your time in detention?

Yes, sometimes I remember. But I don't want to remember, as it makes me feel uncomfortable. I would like to forget about it. I wish it had not happened to us.

This boy's mother describes:

What sort of education were the children offered?

There was English classes available for adults and children on Mondays to Fridays from 9-11.30 and 1-2.30. There were excursions for the children every 6 weeks

What were your main concerns for your children while being in detention?

I felt insecure emotionally and physically. There was limited food for us and I was worried about our health- we had very low quality of food and the place was unhygienic.

This young person's mother was pregnant during detention and comments about support for parents of new babies:

Her description of maternity services

I was eight months pregnant when I first arrived at the detention centre; a nurse was available from morning till 4. I was taken to (a city) hospital once or twice a week for check ups. On arrival and departure I was accompanied by two officers, which was embarrassing as I was treated like a prisoner. They did not provide information to me, but if I had questions or concerns I could ask. I was taken to Fairfield Hospital only once following the birth of my son.

4. IMPACT OF DETENTION ON WELLBEING, HEALTH AND LONGTERM DEVELOPMENT

We would refer you to recent work on the impact of abuse and trauma, on brain development of children, specifically undertaken by Professor Bruce Perry. This research is in its early stages and needs to be considered carefully in relation to the experience of young children in detention and living with stressed caregivers. The work on brain development provides possible understanding of the severe behavioural and emotional conditions of young people who have experienced high level of drama, violent environment or neglect, well known and observed in children entering the 'care system'. Barnardos has had more than 100 years experience of these children's severe stress on parents so that they are unable to provide for the emotional needs of infants and toddlers, which leads to severe long-term disruption of healthy child development.

We have evidence from a mother who was detained with her children, about stress:

"My children were under a lot of stress due to sharing concerns for their father, being in a new environment, lack of freedom, limited resources (TV, radio, toys) and low quality food. My children used to cry, have nightmares and were occupied with whether we were going to get our visas or get deported. Physically they were not safe at all and I was supervising them at all times. We were living with strangers from all over the world and could not trust them. There were a lot of fights, violence and suicide among the refugees as a result of being under a high level of stress. "

We do not believe that we can make more specific comments on the long-term impact of the small children involved in this situation, however we believe that policy should err on the side of caution in exposing children and young people to detention - see our comments in Section 5.

Children who have experienced detention complained specifically about the rigidity of meal schedules, which may not suit children.

Evidence from a mother pregnant during detention is that anti-natal care was minimally offered, in such a way it was unlikely to have been productive. "I was accompanied by two officers, which was embarrassing, as I was treated like a prisoner".

5. ADDITIONAL MEASURES AND SAFEGUARDS WHICH MAY BE REQUIRED IN DETENTION FACILITIES TO PROTECT THE HUMAN RIGHTS AND BEST INTERESTS OF ALL DETAINED CHILDREN.

Our experience of institutionalisation of children, who are unable to live with their parents in the Australian community, has led us to close down all residential facilities for young people under 15 and have children in culturally appropriate foster families. We believe that children (0-12 years) need as normalised a living situation as possible, that poor group behaviour is hard to contain in a group living situation. Barnardo's does maintain a residential service for older adolescents with particular cultural requirements, because of the difficulty of recruiting carers able to handle difficult behaviour, it is also more normal for older adolescents to live in "group' housing.

We would recommend that younger children, without family or a kin group with whom they are close, should not live in an institutional setting.

We have had experience of children living with their family in uncertainty over where they will live, and having come from situations of domestic violence. In working with these families we know that the mental wellbeing of the parents is the most important element in stabilising the child. Interviews with the mother of the boy quoted above, indicate that parents were stressed during the detention.

We would recommend that children under twelve, should not be in detention, even if accompanied by their parents

If these children are nevertheless kept in detention our recommendations are guided by our experience of dealing with children in care and the casemanagement protocols used to address children's developmental needs. (This is the Looking After Children program, which was developed in the United Kingdom after extensive research on normal child development).

It is our recommendation that the following issue areas require active attention while in detention:

  • Educational services
  • Health services
  • Social presentation skills
  • Identity development
  • Family and social relations
  • Emotional and behavioural development
  • Self care skills

CASESTUDY 2

Fatima is five (5) years old. She came to Australia with her father last August, having left her mother and baby brother in Iran. The family could only afford to pay the people smugglers for two (2), so it was decided Mr. J. would come bringing his daughter, who has multiple disabilities, in the hope of getting medical treatment for her which the family could not afford in Iran. Iraqian people are increasingly less welcome in Iran and so there was a real threat that Mr. J and his family would be sent back to Iraq. Mr. J. had very valid fears should he be returned to his own country where he had previously been imprisoned for refusing to join the army, he could be returned to prison or even executed.

Mr. J. and Fatima travelled across country by foot and road transport, then by plane and boat. The boat trip was the most harrowing, as it was a small boat with approximately one hundred and forty (140) people on board sitting shoulder too shoulder, with very little food to eat. This part of the journey was to last for sixty (60) hours. They arrived at Christmas Island at 3.30am and on arrival everyone, including the children, had a number stamped on their hand. This was how they were addressed for the next six (6) months. All their personal belongings were taken including Fatima's toy monkey her mother had given her. Fatima was frightened and confused and she cried constantly.

After a week Mr. J. and Fatima were sent to a detention centre in X. On arrival they were placed in a prison like room which they shared with six (6) other people, all men. They remained in this section of the camp for six (6) weeks. No toys or books were provided for Fatima. They were then moved to another section of the Detention Centre were they were locked in for two (2) weeks. At the end of this period they were allowed to go outside to the play area, which was very hot and without shade.

Fatima became ill and her father took her to the Detention's medical centre as she would not eat and was coughing a lot. He was told just to make sure she took fluids, after two (2) weeks she was still sick, he was then given cough medicine. Medical staff were aware that Fatima suffered from asthma but only after three (3) months of repeated requests by Mr. J. was he given an inhaler/puffer so he would not have to take her back to the medical centre for treatment, if she had an attack. When medicals for Fatima were conducted her father requested an interpreter but was told there were none available. Blood tests were carried out, however no results or explanation for the tests was given. Despite the fact that doctors at the Detention Centre noted on the medical certificates that further investigations were necessary in order to diagnose the extent of her brain damage, there was no medical follow-up arranged for Fatima on leaving the Detention Centre, apart from a referral for a hearing aid for her, which was refused.

When Mr. J. and Fatima were granted a Temporary Protection Visa they were taken to Perth where they were placed in temporary accommodation with another family. Mr. J came with Fatima to Sydney in February this year because he had heard from a family he met in the camp that conditions were better in Sydney with regard to work, housing and services that would assist Fatima given her special needs.

The family was referred to Barnardos Auburn Childrens Family Centre, by Centrelink, and was seen on the 4th April 2002. Barnardos is currently providing a Family Support and Family Day Care and we continue to advocate and liaise on behalf of the family with the Department of Housing, Department of Education and the Department of Health, all of which has been hampered by the fact that the family only has a Temporary Protection Visa.

6. ADDITIONAL MEASURES AND SAFEGUARDS AFTER DETENTION WHICH MAY BE REQUIRED TO PROTECT THE HUMAN RIGHTS AND BEST INTERESTS OF CHILD ASYLUM SEEKERS AND REFUGEES RESIDING IN THE COMMUNITY AFTER A PERIOD OF DETENTION

We believe that specialised services should be made available to house detached young people after periods in detention. The Kingston House model has taught us a great deal and this information should be used as a model.

Our major tasks in trying to stabilise their behaviour relates to:

  • providing accommodation which is able to handle extremes in behaviour, and which is able to serve as a base for ongoing support
  • promoting identity formation
  • enhancing adaptation to Australian culture
  • assistance with mourning loss
  • address the underlying causes of behaviour problems such as, loss, war, torture etc.
  • address health problems
  • provide language training
  • integrate with the educational system
  • provide capacity to live independently
  • address legal problems

The effectiveness of our work has been based on the use of workers who have had the experience of asylum seeking and preferably from the same cultural background as the young people, and to have staff stability and knowledge of child development. Kingston House was staffed with people of Indo-Chinese background (with the exception of the Supervisor of the workers); none began with welfare qualifications, but all studied and went on to work in welfare.

We would point our that the refugee experience alone brings problems of psychological adjustment [1] such as: trauma from witnessing violence, language difficulties, family disruption and a sense of not being able to return home and resulting loss and grief. The migration experience alone brings issues of tensions between home and school values, dependency of parents on their language skills bringing about role difficulties, discrimination and racism, difficulties in identity and adjustment to a different culture

Two experiences with adolescents indicate the difficulties with which these young people live after detention, and the nature of the assistance they require.

CASESTUDY 3

R came to the attention of Barnardos Adolescent Services, after being placed in a Detention Centre. A lawyer assigned to his residency case referred him to the Program.

R was born in Western Sahara and lived there until he was about fourteen, when he became detached from his family. They are believed to be either dead or in prison, and R was left to survive on the streets. R spent the next few months living on the streets and in refuges, when he could find them. He travelled to many cities by stowing away on trains and boats. After he reached Rotterdam, he stowed away on a boat headed for Australia.

Upon arrival, he was granted refugee status and placed in x detention centre. He then met with a lawyer, who showed compassion, and felt she needed to act to save R from being returned to his country of birth. With her assistance, R became a protected person in August 1996, under the Children (Care and Protection) Act.

R was then housed by the Department of Immigration in a small unit with another young man. This housing was available to him for a maximum of three months. It quickly became apparent that R had huge issues to overcome. Firstly, he did not speak any English, and the dialect he did speak was very rare as he came from such a remote village. Secondly, R had no identification papers, and was actually unsure of his age. (It is believed that he is actually older than he said). Thirdly, he is a devout Muslim and finding it very difficult living with someone who did not share, or support, his beliefs. Finally, he was expected to find employment and alternative accommodation within the three months.

Barnardos had great difficulty in locating a translator, but eventually found one with the assistance of SBS television. It was then that we discovered that R was actually being physically abused by his flatmate. Barnardos removed R from the situation and placed him in the Hohnen House residential facility, with rotating youthworkers. R commenced intensive English lessons with the translator.

It took a long time getting R registered with Centrelink due to the lack of identification. Once his English improved, he was enrolled in an OTEN course to give him basic literacy and maths skills (apparently R had never been to school),

The lack of a suitable placement was still a problem, and then his lawyer and her family offered to provide care for him, with Barnardos support. R stayed with them for several months - this allowed him to continue his studies, save some money, learn some living and social skills, enjoy a caring family environment, and the family fully supported his religious beliefs.

Once R was 'on his feet' he moved into a studio flat close by to his carers. He continued to see them regularly, and has gone onto further studies.

CASESTUDY 4

A young man who is from Afghanistan was in detention for 5 months has been in Kingston House.

M fled Afghanistan with his father, after selling all their possessions to move out. They left M's mother and 5 other siblings with relatives. The experience of fleeing Afghanistan, the loss of his mother and other family members was compounded by the stress of detention. M has now a very poor relationship with his father. His father has a number of short-term jobs, and has now left M. to go fruit picking in Victoria.

M had become involved in antisocial behaviour. M stayed in Kingston House for a number of months he required assistance with language and orientation to Australia. He was seriously disturbed and anti-social, demonstrating violent behaviour. Staff needed to be very skilled to work with him.

CASESTUDY 5

B. was in the detention centre at X detention centre for approximately four months. This was the time it took for his application for refugee status to be processed. When he was granted refugee status he was provided with housing for a maximum of three months, with the view to be able to gain employment and set himself up in private rental accommodation.

The main issues for B, initially, were:

- isolation

- confusion

- health issues

- religious issues

- cultural issues

- identity issues

- and the very obvious language issue.

None of these issues were dealt with while B was in detention, leaving him with the same issues, but compounded with stress and feeling of anger and fear at being locked up.

On leaving the detention centre, there was an expectation that B would gain employment and be able to support himself. After a long struggle with the bureaucratic system, we were able to get B on a benefit. This allowed him to buy essential items such as food and travel tickets. An interpreter was found and B began English lessons.

B was having ongoing conflict with the young man he had been placed with, and was becoming involved with a group of people who were involved in drug taking. We also became concerned that prostitution may be an issue. B was also in an abusive situation with the young man he was sharing with, and domestic violence was becoming a concerning issue. B was moved immediately and placed in Hohnen House (a Barnardo's residential facility) for a short time to ensure his safety. He was then placed with a carer in Glebe.

B always felt that he was a 'criminal' as he had been detained against his will, and felt that he would never be able to achieve. Our caseworkers feel that if the identified issues had been addressed while B was in detention, and support continued once he was set up in the unit, B's integration would have been much easier and his chances at gaining employment or studying would have been much higher.

Barnardos Australia believes that the experience of detention is compounding problems for those who are ultimately being allowed to stay in Australia and may result in a very poor capacity to adjust to Australian society.

If you require any additional information about the material discussed in this submission, please do not hesitate to contact me.

Yours sincerely

Louise Voigt

CEO and Director of Welfare

Enc: Kingston House Program (extract from Guide to Welfare Services)

1. See Refugee Children in Canada: Searching for Identity by Anne Marie Fantino and Alice Colak in Child Welfare Vol LXXX n 5, September-October p587 for a fuller discussion of the adjustment issues for refugee children and young people.

Last Updated 9 January 2003.