Mandatory Detention Campaign

THE CONTINUING CAMPAIGN AGAINST MANDATORY DETENTION

The Justice Project will continue the campaign against mandatory detention and related issues. The Cornelia Rau and Vivian Alvarez affairs are just two recent examples of the 'related issues' that show that mandatory detention in all its forms is a completely flawed and discredited policy.

We will continue to join with other groups to call for a Royal Commission into mandatory detention and associated issues and for the establishment of completely new policies and systems that deliver decent treatment and fair processing of asylum seekers, refugees and others.

We view with serious alarm the government's latest plans to establish a new 'immigration facility' on Christmas Island, where all 'unlawful non citizens' would be held in detention, confined to a remote island, where, more than ever, those seeking protection, would be beyond public scrutiny and beyond the rule of law.

Most recently we supported Liberal backbencher Petro Georgiou MP who, with the support of several of his colleagues, proposed the introduction of two Private Member's Bills intended to address Australia's mandatory detention policy. We saw this as a significant development in the refugee debate which provided a real opportunity to end some of the worst human rights violations that occur under the present system.

Following the political compromise, which saw the withdrawal of the bills in return for certain limited concessions, we have ongoing concerns about the content of Australia's immigration laws and administration of the government's immigration policies. With others we will be closely monitoring the 'softening' of the policies and continuing to press for urgent reform. While we agree with these limited concessions, nothing short of fundamental reform will see the restoration of what we see as decent treatment and fair processing.

Decent Treatment

• We want detainees to be held in detention only for as long as it takes to do health and security checks and for no longer than 30 days unless a judge agrees otherwise;
  
  
• We support releasing detainees into the community, subject to them remaining available for processing, and if necessary, removal from Australia. In the meantime they should have a right to work and access to Medicare and other benefits.
  
  
• We want permanent protection for all temporary protection visa holders and the unqualified abolition of temporary protection visas;
  
  
• We want permanent protection granted to asylum seekers on humanitarian grounds when they have no realistic option of safe return;
  
  

Fair Processing

• We want all applications for asylum processed without delay, in a fair and efficient manner with all detainees being treated humanely;
  
  
• We want a genuinely independent tribunal to replace the Refugee Review Tribunal (RRT). Members should be appropriately qualified and appointed for substantial fixed term;
  
  
• We consider that the ability of courts to correct tribunal errors should not be restricted;
  
  
• It is our view that the Australian government should accept full responsibility and accountability for the administration of detention centres and there should be complete disclosure of the costs, conditions and administration of these centres here and offshore;