Australian Immigration Detention Centres

Please note that the information in this article about detention centres is current as of the publication date. Furthermore, the DHA frequently updates rules and regulations. Therefore, it’s crucial to check these official updates before making any decisions. Additionally, laws and conditions are subject to change, so consulting with an immigration lawyer for the most up-to-date information is highly recommended.

What are Detention Centres?

Detention centres are essentially facilities where the Australian government detains non-citizen individuals, typically due to reasons such as:

1. They have entered a country without proper authorisation or 
2. They have overstayed their visas.  
3. Asylum seekers, for instance, might be detained in these centres while their refugee claims are undergoing processing.

Purpose of Detention Centres

Australia’ detention centres have a four-fold purpose:

1. Border Security and Deterrence. The Australian government believes that mandatory detention is necessary to prevent unauthorised arrivals by boat and to deter people smuggling. 
2. Identity and Security Checks. Detention allows for health, identity, and security screening of asylum seekers and those who have violated visa conditions.
3. Processing of Refugee Claims. While assessing asylum claims, detention serves to manage the movement of individuals. Additionally, it ensures that they are available for interviews or potential removal from the country.
4. Preventing Absconding. The government considers detention necessary to ensure those without valid visas don’t disappear into the community while their situation is resolved.

Migration Act Provisions on Detention Centres

The Migration Act 1958 serves as the cornerstone of Australia’s immigration law and plays an essential function in the operation of the country’s detention centres. 

One of the key aspects of the Migration Act 1958 is that it mandates detention for any person who:

1. is not an Australian citizen and 
2. does not have a valid visa to be in the country. 

This means asylum seekers arriving by boat, those who overstay their visas, or anyone else deemed an ‘unlawful non-citizen’ is automatically subject to detention.

1. Section 189

Section 189 of the Act states that if an officer knows or reasonably suspects that someone within the migration zone (not an excised offshore place) is an unlawful non-citizen, the officer must detain the person.

This section is the primary reason behind Australia’s mandatory detention policy. It provides no discretion to officers; they must detain anyone suspected of being an unlawful non-citizen.

Read: Detention of Unlawful Non-Citizens

2. Section 273

The persons detained under section 189 are placed in detention centres. Section 273 of the Act provides for the rules on the operation of a detention facility in Australia:

1. Establishment of Detention Centres. This section grants the Minister for Immigration the power to establish and maintain detention centres on behalf of the Commonwealth (Australian government).

2. Regulation of Detention Spaces. This section allows for the creation of regulations that govern the day-to-day operation of detention centres.

3. Specific Regulatory Powers: Moreover, this provision outlines areas that can be covered by these regulations, including:

• Conduct and supervision of detainees.
• Powers of officers working in detention centres to maintain order and security.

4. Definition of “Detention Centre” This provision explicitly states that the Migration Act designs a detention centre specifically to detain people.

Detention Centre Operations and Legalities

3. Section 197

This section addresses the legal implications when a non-citizen escapes from an Australian immigration detention centre. This provision establishes that:

1. Escape does not change status.  Section 197 stipulates that if someone escapes from detention, they are still considered to be in immigration detention for the purposes of the Migration Act. This means:

• They remain an “unlawful non-citizen” if they do not have a valid visa.
• Detention authorities can continue to exercise legal powers over them.

Under Section 197A, a detainee who escapes from an immigration detention facility in Australia can be liable for imprisonment for 5 years.

2. Recapture and return. Once an escapee is recaptured, they are promptly returned to the immigration detention facility. Moreover, it’s important to note that there’s no legal break in their detention period due to the escape.

Read: Offences Relating to Immigration Detention

What Is Residence Determination?

Section 197AB enables the Minister for Immigration not only to release a detainee from a formal detention centre but also mandates them to reside at a specific address or location. This is known as a “residence determination.”

The Minister has broad power to decide IF and WHEN to issue a residence determination. There are no specific criteria that an individual must meet. However, a residence determination often comes with conditions, such as:

• Regular reporting to authorities
• Restrictions on movement
• Electronic monitoring

Even though a person resides outside a traditional detention facility, the law still considers them to be ‘in detention.

This provision gives the Minister options for managing detainees on a case-by-case basis.  It could be used for humanitarian reasons such as:

• Medical needs better met outside a detention facility.
• Allowing families to stay together.
• Reducing overcrowding in detention facilities

Locations of Detention Centres in Australia

According to the Australian Border Force (ABF), there are currently seven (7) detention facilities in the country:

1. Adelaide Immigration Detention Centre
2. Brisbane Immigration Detention Centre
3. ​Melbourne Immigration Detention Centre
4. Northwest Point (Christmas Island) Immigration Detention Centre
5. Perth Immigration Detention Centre
6. Villa Wood Immigration Detention Centre
7. Yongah Hill Immigration Detention Centre

For the complete address and contact number of these facilties, visit this link.

Immigration Detention Standards 

The Immigration Detention Standards (IDS) are a collection of standards outlining minimum expectations for the treatment and conditions provided to individuals held in immigration detention facilities in Australia.

These standards primarily focus on upholding basic human rights principles and, additionally, strive to ensure that detainees are treated with dignity and respect, even throughout their detention. The IDS address a wide range of issues vital for detainee well-being:

• Accommodation. Stipulate standards for sleeping quarters, cleanliness, access to hygiene facilities, and appropriate clothing.
• Food. Outline requirements for nutritious and culturally appropriate meals, access to drinking water.
• Health. Cover access to medical and mental health care, medication, and preventive health measures.
• Activities and Communication. Include provisions for recreation, education, contact with the outside world, and religious observance.
• Monitoring and Complaints. This mandates processes not only for detainees to actively raise concerns or complaints but also importantly establishes internal oversight mechanisms.
• Use of Force. Specify when and how staff within detention centres may use force.
• Specific Needs. Include sections on the management of those with special needs, including children, families, and vulnerable individuals.

To know more about IDS, you may read the full text here.

Read: Immigration Detention of Non-Citizens

Legal Assistance and Support

Detention facilities may be frightening and alienating. Don’t let uncertainty or fear keep you from obtaining the proper legal assistance you require. 

An immigration lawyer from JB Solicitors can fight for your release, ensure that you receive fair treatment, and assist you in understanding your choices. Speak with one of our immigration attorneys right now to get the assistance you require.

Contact us through this link.