A last resort? - Summary Guide: The facts about immigration detention in Australia
A last resort?
National Inquiry into Children in Immigration Detention
What is immigration detention?
Since 1992, Australia's migration law has made it mandatory
for any person in Australia without a valid visa to be detained until
they are issued with a visa or removed from Australia. This law applies
equally to adults and children.
Some children are placed in immigration detention because
they enter Australia without a visa (unauthorised arrivals). Other children
are in immigration detention because they overstay or break the conditions
of their visa.
During the period of the Inquiry, the majority of children
in detention were unauthorised boat arrivals. Over this period, other
children made up no more than 5% of the total number of child detainees.
Most unauthorised arrivals seek refugee protection when they
arrive - in other words, they are asylum seekers. However, although almost
all children in detention are asylum seekers, not all child asylum seekers
are in detention. Children who come to Australia on a tourist visa or
student visa and then claim asylum after they arrive (authorised arrivals)
usually live in the community on a bridging visa while their refugee status
is being determined.
How many children have been in immigration detention?
A total of 976 children were in immigration detention in
1999-2000; 1,923 children in 2000-2001; 1,696 children in 2001-2002 and
703 children in 2002-2003. Most of these children arrived by boat.
The total number of unauthorised arrival children who
applied for refugee protection visas between 1 July 1999 and 30 June 2003
was 2,184. These figures do not include children transferred to and detained
on Nauru and Manus Island (Papua New Guinea).
Sign outside Woomera indicating ACM and the Department,
June 2002
The highest number of children in detention at any
one time between 1 January 1999 and 1 January 2004 was 842 (on 1 September
2001). Of this number, 456 were at the Woomera detention centre.
When the Inquiry was announced in late November 2001,
there were over 700 children in immigration detention. By the time of
the Inquiry's public hearing with the Department a year later, the number
had reduced by 80% to 139. The number of children in detention has not
decreased at the same rate since that time.
There were still 111 children in immigration detention in
Australia on 26 December 2003.
Where have the children been held?
Children arriving in Australian territory (including Australian
territorial waters) without a visa were detained in any one of the following
detention facilities over the period of the Inquiry:
- Baxter Immigration Detention Facility (opened July 2002)
- Christmas Island Immigration Reception and Processing Centre
(opened November 2001, 'mothballed' March 2003, re-commissioned in July
2003)
- Cocos (Keeling) Islands Immigration Reception Centre (opened
September 2001, closed March 2002)
- Curtin Immigration Reception and Processing Centre (opened
September 1999, 'mothballed' September 2002)
- Maribyrnong Immigration Detention Centre (opened 1966)
- Perth Immigration Detention Centre (opened 1981)
- Port Hedland Immigration Reception and Processing Centre
(opened 1991)
- Woomera Immigration Reception and Processing Centre (opened
November 1999, 'mothballed' April 2003) or the Woomera Residential Housing
Project (opened August 2001, 'mothballed' December 2003)
- Villawood Immigration Detention Centre (opened 1976).
Residential housing projects were opened in Port Hedland
and Port Augusta (near Baxter) after the period of the Inquiry.
Locations of detention centres in and around Australia
After September 2001, and the introduction of the 'Pacific
Solution', children who arrived on Christmas Island, the Ashmore Islands
or the Cocos (Keeling) Islands, or who were intercepted at sea by Australian
authorities, were transferred to detention facilities in Nauru or Manus
Island (Papua New Guinea).
Since late January 2002, most asylum seeker children travelling
without a parent or guardian (unaccompanied minors), were transferred
from immigration detention centres to 'alternative places of detention',
such as foster homes in the community.
The following table provides an overview of where children
were held in detention between July 1999 and July 2003. The figures show
that most children in detention were held in remote centres at Curtin,
Port Hedland and Woomera.
| Detention Centre |
1.7.99
|
1.1.00
|
1.7.00
|
1.1.01
|
1.7.01
|
1.1.02
|
1.7.02
|
1.1.03
|
1.7.03
|
|---|---|---|---|---|---|---|---|---|---|
| Curtin |
–
|
147
|
133
|
167
|
153
|
63
|
33
|
–
|
–
|
| Port Hedland |
27
|
91
|
142
|
64
|
128
|
85
|
11
|
20
|
14
|
| Woomera |
–
|
118
|
215
|
16
|
304
|
281
|
45
|
11
|
–
|
| Woomera Housing Project |
–
|
–
|
–
|
–
|
–
|
7
|
0
|
6
|
10
|
| Villawood |
19
|
32
|
32
|
28
|
37
|
16
|
14
|
32
|
29
|
| Maribyrnong |
11
|
9
|
4
|
11
|
7
|
3
|
10
|
3
|
5
|
| Perth |
0
|
0
|
0
|
0
|
0
|
0
|
1
|
0
|
1
|
| Christmas Island |
–
|
–
|
–
|
–
|
–
|
79
|
10
|
5
|
–
|
| Cocos K. Islands |
–
|
–
|
–
|
–
|
–
|
5
|
–
|
–
|
–
|
| Baxter |
–
|
–
|
–
|
–
|
–
|
–
|
–
|
38
|
41
|
|
Other (hospitals, etc.)
|
1
|
2
|
16
|
1
|
2
|
4
|
14
|
17
|
11
|
| Total number of children in detention |
58
|
399
|
542
|
287
|
631
|
543
|
138
|
132
|
111
|
Note: A result of ‘0’ means
no children were held at that time. A result of ‘–’
means that facility was not operating at that time.
How long have children been held in detention?
Since 1999, children have been detained for increasingly
longer periods of time. By the beginning of 2003, the average detention
period for a child in immigration detention was one year, three months
and 17 days. As at 26 December 2003, the average length of detention had
increased to one year, eight months and 11 days.
The longest a child has ever been in immigration detention
is five years, five months and 20 days. This child and his mother were
released from Port Hedland detention centre on 12 May 2000, after eventually
being assessed as refugees.
Length of detention of children: 1999-2003
|
Periods children detained
|
0-6 wks
|
1.5-3 mths
|
3-6 mths |
6-12 mths
|
1-2 yrs
|
2-3 yrs
|
More than 3 yrs
|
Total children detained
|
|---|---|---|---|---|---|---|---|---|
|
1 Jan 99
|
26
|
23
|
4
|
4
|
0
|
1
|
1
|
59
|
|
1 Apr 99
|
19
|
9
|
16
|
6
|
2
|
1
|
1
|
54
|
|
1 July 99
|
19
|
5
|
15
|
17
|
0
|
1
|
1
|
58
|
|
1 Oct 99
|
37
|
29
|
6
|
20
|
4
|
0
|
2
|
98
|
|
1 Jan 00
|
220
|
128
|
27
|
8
|
14
|
0
|
2
|
399
|
|
1 Apr 00
|
72
|
110
|
299
|
22
|
18
|
0
|
2
|
523
|
|
1 July 00
|
51
|
51
|
169
|
252
|
19
|
0
|
0
|
542
|
|
1 Oct 00
|
94
|
9
|
34
|
138
|
14
|
4
|
0
|
293
|
|
1 Jan 01
|
122
|
48
|
55
|
24
|
33
|
5
|
0
|
287
|
|
1 Apr 01
|
212
|
107
|
87
|
47
|
30
|
3
|
0
|
486
|
|
1 July 01
|
174
|
170
|
184
|
71
|
29
|
3
|
0
|
631
|
|
1 Oct 01
|
193
|
242
|
153
|
108
|
44
|
0
|
0
|
740
|
|
1 Jan 02
|
5
|
87
|
288
|
104
|
52
|
7
|
0
|
543
|
|
1 Apr 02
|
8
|
4
|
13
|
98
|
69
|
10
|
0
|
202
|
|
1 July 02
|
9
|
2
|
2
|
33
|
85
|
7
|
0
|
138
|
|
1 Oct 02
|
14
|
6
|
3
|
13
|
79
|
19
|
0
|
134
|
|
1 Jan 03
|
14
|
13
|
6
|
4
|
56
|
36
|
3
|
132
|
|
1 Apr 03
|
17
|
3
|
14
|
9
|
33
|
49
|
0
|
125
|
|
1 July 03
|
8
|
2
|
11
|
10
|
10
|
69
|
1
|
111
|
|
1 Oct 03
|
12
|
24
|
3
|
13
|
7
|
54
|
8
|
121
|
How many children arrived in Australia without their parents?
Most children arriving in Australia without a visa come with
one or both parents. However, there are a significant number of children
who arrive unaccompanied. Until January 2002, when most unaccompanied
children were transferred to foster homes, unaccompanied children were
detained in the same manner as all other unauthorised arrivals.
At the start of 2000 there was a large rise in the number
of unaccompanied children detained in Australia. On 1 July 1999 there
were just two unaccompanied children, who had been detained for a short
time. Six months later, that figure had grown to 41.
By 1 July 2000 there were 49 unaccompanied children in detention,
37 of whom had been detained for longer than three months. By 1 July 2001,
a year later, there were 121 unaccompanied children in detention, 22 of
whom had been detained for over three months. Their number grew to 143
during that month. On 1 January 2002, there were only 40 unaccompanied
children in detention but 90% of them had been detained for more than
three months.
What is the background of the children in detention?
There were more boys than girls held in immigration
detention. However, the percentage of girls has increased since 1999.
Between 1 July 1999 and 30 June 2003, 37% of asylum seeker children in
detention were girls. The majority of children in detention were under
12 years of age. The following table shows the age of children in immigration
detention as at 30 June for each year from 1999 to 2003.
|
Age of children as at
30 June each year |
0–4 years
|
5–11 years
|
12–17 years
|
|---|---|---|---|
|
30 June 1999
|
23
|
15
|
23
|
|
30 June 2000
|
164
|
208
|
162
|
|
30 June 2001
|
144
|
210
|
278
|
|
30 June 2002
|
33
|
54
|
53
|
|
30 June 2003
|
32
|
29
|
52
|
Some infants (0-4 years) spent substantial portions of
their lives in immigration detention. On 30 June 2000 there were 164 infants
in detention. Five of them had spent more than 18 months in detention.
On 30 June 2001 there were 144 infants in detention. Two of these children
had spent more than two and a half years in detention - more than half
of their lives.
Where do children in detention come from?
Most of the children in detention over the Inquiry period
were from Iraq, Afghanistan, Iran, the Palestinian Territories and Sri
Lanka.
How is a person's refugee status decided?
Once asylum seeker children and their families in detention
make an application for a protection visa, the Department begins an assessment
of their cases. Children who arrive with their family are generally included
in the application made by their parents and the claim for asylum is based
on the strength of the father's or mother's claim. Unaccompanied children,
because they are not part of a family unit, need to make an application
for asylum in their own right.
In determining whether a person is a refugee, the Department
uses the definition of a refugee as set out in the United Nations Refugee
Convention.
All applications are assessed on a case-by-case basis. If
the application is successful, the family and the child are granted a
temporary protection visa. If an application is refused, a review of the
decision can be sought from the Refugee Review Tribunal.
Applicants are also entitled to limited judicial review of
a visa decision. This process does not review the merits of a decision
but it ensures that certain standards have been followed during the determination
of an application.
How many children in immigration detention were found to be refugees?
Between 1 July 1999 and 30 June 2003, 2,184 children arrived
in Australia without a valid visa and sought asylum (unauthorised arrivals)
- all these children were held in immigration detention while their refugee
status was being determined. More than 92% of these children were found
to be refugees and were granted a temporary protection visa. For some
nationalities the success rate was even higher (98% Iraqi; 95% Afghan).
Between 1 July 1999 and 30 June 2003, 3,125 children
arrived in Australia with a valid visa and then sought asylum (authorised
arrivals) - these children were not held in immigration detention while
their refugee status was being determined. Only 25% of these children
were found to be refugees. The top three countries of origin for authorised
arrivals were Fiji, Indonesia and Sri Lanka.
|
Year of Application
|
Unauthorised arrival children recognised
as refugees |
Authorised arrival children recognised
as refugees |
|---|---|---|
|
1999–00
|
95.2%
(569 out of 598 applicants) |
30.6%
(260 out of 851 applicants) |
|
2000–01
|
90.0%
(815 out of 906 applicants) |
19.0%
(185 out of 973 applicants) |
|
2001–02
|
95.2%
(639 out of 671 applicants) |
23.7%
(178 out of 751 applicants) |
|
2002–03
|
33.3%
(3 out of 9 applicants) |
30.9%
(170 out of 550 applicants) |
Who operates the detention centres?
The Department is responsible for the operation of Australia's
immigration detention centres. However, since February 1998 and throughout
the period of the Inquiry, ACM - a private firm - was contracted by the
Department to deliver all services at the detention centres.
Immigration Detention Standards, developed by the Department,
set out the quality of services expected in the centres and the requirement
to take into consideration the individual needs of detainees. Department
officers at each immigration detention centre are expected to monitor
the performance of ACM against these standards.
What did children say about detention centres?
|
I want to tell you that actually I spent about fifteen nights in the ride to Australia. I was in a small boat if you want to call that a boat, because it was smaller than that, with lots of difficulties. When I saw [we were] getting near Australia I was becoming a little bit hopeful. When we passed Darwin I got to the detention centre, as soon as I looked at these barbed wires my mind was full of fear. That was the time that I experienced fear … Unaccompanied Afghan boy found to be a refugee, Melbourne focus group |
|
I think every Australian knows what a prison is, what a prison looks like and what happens in a prison … prisoners they know when they’re going to be released … and at that date they’re going to get their freedom … But in detention centre, like no one knows when they’re going be released. Tomorrow, day after tomorrow, for two years, like, you know, waiting how much hard it is … Teenage boy found to be a refugee, Brisbane focus group |
|
I think that the children should be free and when they are there for one year or two years they are just wasting their time, they could go to school and they could learn something. They could be free. Instead they are like a bird in a cage. Ten-year-old Afghan girl found to be a refugee, Perth focus group |
|
We came here because we wanted freedom. We did not come to be imprisoned for three years. Nothing will help us, only freedom will help us. We want to be free – that is all. Detainee boy, Baxter |