Immigration detention in Australia is a contentious and complex issue that cannot simply be analysed on the basis of moralities or politics. To determine whether Australia’s immigration policy as manifested in the Migration Act 1958 would constitute a breach of article 7 of the International Covenant on Civil and Political Rights (ICCPR) both the indefinite duration of detention, and, the conditions encountered at Villawood Immigration Detention Centre (VIDC) must be reasoned.
Article 7 of the ICCPR, a non-derogable right in accordance with article 4(2) provides that ‘no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment…’. VIDC is an onshore processing centre based 27km from Sydney’s CBD and has come under scrutiny for its treatment of asylum seekers, especially for mental-health related issues and the long-term detention of approximately fifty children. The discussion that follows addresses both the issues of physical conditions in VIDC and justifications for indefinite detention.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Background:
- Australia's Immigration Policy
- Villawood Immigration Detention Centre
- Duration
- Duration inconsistent with article 7
- Duration consistent with article 7 obligations
- Conclusion:
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper examines the legality of Australia's immigration detention policy under Article 7 of the International Covenant on Civil and Political Rights (ICCPR). It focuses on the indefinite duration of detention and the conditions experienced at Villawood Immigration Detention Centre (VIDC). The paper seeks to determine whether these practices violate Australia's international human rights obligations.
- The legality of indefinite immigration detention in Australia under Article 7 of the ICCPR
- The impact of indefinite detention on the mental health of detainees
- The role of the Australian government in ensuring the humane treatment of detainees
- The potential for Australia's immigration detention policies to violate the non-derogable right against torture and cruel, inhuman or degrading treatment or punishment
- The implications of the High Court's decision in Behrooz v Secretary of the Department of Immigration and Multicultural and Indigenous Affairs for Australia's immigration detention policies
Zusammenfassung der Kapitel (Chapter Summaries)
The introduction provides an overview of the issues surrounding immigration detention in Australia, highlighting the complexity of the subject and the need for a thorough examination of the relevant legal frameworks. It outlines the paper's focus on the indefinite duration of detention and the conditions at VIDC.
The background section delves into Australia's immigration policy, tracing the evolution of mandatory detention from its inception in 1992 to its current implementation. It discusses the legal framework governing detention and the challenges faced by asylum seekers who are granted refugee status but are denied protection visas due to security concerns.
The chapter on duration examines the concept of indefinite detention and its potential implications for breaching Article 7 of the ICCPR. It explores the factors that contribute to indefinite detention, including the administrative processes involved in determining visa status and the role of the Australian Security and Intelligence Organisation (ASIO) in assessing security risks.
The chapter on duration inconsistent with article 7 delves into the research findings that demonstrate the adverse consequences of indefinite detention on the mental health of detainees. It highlights the heightened risk of mental health problems experienced by those held in long-term detention at VIDC and the potential for indefinite detention to exacerbate existing mental health issues.
Schlüsselwörter (Keywords)
The primary keywords and focus topics of this text include: immigration detention, Australia, Article 7, ICCPR, indefinite detention, Villawood Immigration Detention Centre, mental health, human rights, non-derogable rights, torture, cruel, inhuman or degrading treatment or punishment, Refugee Convention, security assessments, ASIO, non-refoulement obligations, legal black hole, Behrooz v Secretary of the Department of Immigration and Multicultural and Indigenous Affairs.
- Quote paper
- Alli Hendriks (Author), 2016, Immigration detention in Australia. Is indefinite detention inconsistent with obligations to the International Covenant on Civil and Political Rights?, Munich, GRIN Verlag, https://www.grin.com/document/349901
