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This letter was received with an attachment titled Unauthorised Arrivals and Detention, Information Paper, 10 October 2001.
http://www.immi.gov.au/illegals/uad/index.htm

Department of Immigration and Multicultural Affairs

29 October 2001
Mr Philip Robinson
PO Box 387
STEPNEY SA 5069

Dear Mr Robinson

Thank you for your letter of 19 October 2001 concerning Australia's immigration
detention policy and in particular the safety of minors in detention. The Minister has
requested that I respond to your letter.

Since December 1992 Australia's Migration Act 1958 (the Act) has required that all
non-citizens who are unlawfully in Australia must be detained and that, unless they
are granted permission to remain in Australia, they must be removed as soon as
practicable. This is consistent with the fundamental legal principle, accepted in
Australian and international law, that in terms of national sovereignty, the State may
determine which non-citizens are admitted or permitted to remain and the conditions
under which they may be removed. Under this legislation, no differentiation is made
in the treatment of adults and minors, with children in their own right legally
assuming the same immigration status as their parents.

Australia has a duty of care to all asylum seekers in detention, including children,
however parents retain a responsibility (as they do in the Australian community) for
ensuring the welfare of their children.

There are compelling reasons for the detention of people who arrive in Australia
without authorisation and these include:

• ensuring essential identity and health checks are carried out and that people do
  not enter the community until their claims to do so have been properly assessed;

• providing access to asylum seekers for the processing of any refugee
  applications and if claims to remain are unsuccessful, ensuring their availability
  for removal; and

• maintaining the integrity of the migration program.

Australia is a signatory to, and is committed to, protecting refugees and complying
with its obligations under the International Covenant on Civil and Political Rights
(ICCPR) and other international conventions. The Australian Government has ratified
the UN Convention on the Rights of the Child (UNCROC) and is conscious that
children should be detained only as a last resort and for the shortest possible period.
To this end, applications from family units and single children who are unauthorised
arrivals are processed as quickly as possible. Those found to have no claims to
remain in Australia are removed as soon as practicable as required by the Act.
Where claims are made which, prima facie, may engage Australia's protection
obligations, assistance is provided to the detainee to speed their entry and
movement through the determination process and they are given the highest priority.

Those found to be refugees are quickly granted visas and released into the
community .

The number of minors in immigration detention changes from day to day. New
arrivals, people removed from Australia and people released into the community
mean that the statistics released in the media provide no more than a daily
"snapshof'. In general, those persons and sometimes children, who have been held
in immigration detention for a long time are there because they have not met the
criteria for refugee status and a Temporary Protection Visa, and their removal from
Australia has been delayed or their parents are involved in appealing decisions via
litigation in Australian courts.

The Australian Government is committed to meeting its obligations and
responsibilities under the UNCROC and does its utmost to ensure that children are
treated in accordance with the provisions of the Convention and receive appropriate
care. This commitment is evident in the attention that is focussed on the health,
welfare and safety of children in detention.

Immigration Detention Standards have been developed which outline the quality of
care and quality of life expected in immigration detention facilities, taking into
consideration the gender, culture and age specific needs of the detainees.

Specifically, the Immigration Detention Standard for children requires the contractor,
Australasian Correctional Management Pty Ltd (ACM) to provide social and
educational programs appropriate to the child's age and abilities to all children in
detention. Although not compulsory, children are encouraged to participate in the
educational programs available through the detention facilities. In some facilities
children attend local schools, in others, a school curriculum based program is
provided. The program focuses on English as a second language and takes into
account the individual needs of the children. Social and recreational activities are
also organised. The programs are run by appropriately qualified staff.

Another Immigration Detention Standard requires that detainees in need of
psychiatric or psychological treatment have access to the services they need.
Counsellors are available on site in detention facilities and where required, detainees
may be referred to external organisations or psychologists with specialist skills.

The detention facilities are designed to be sensitive to the special needs of children
and families. Suitable accommodation for family units and children are made
available where possible and recreational facilities including playgrounds, toys and
games are provided.

You may be aware that the trialing of alternative detention arrangements for some
women and children detained at the Woomera Immigration, Reception and
Processing Centre (IRPC) commenced on 7 August 2001.

The project enables up to 25 volunteer women and their children to live in family-
style accommodation away from the Woomera IRPC whilst under the supervision of
ACM officers.

The participants have undergone health and character assessments and have formal
applications for asylum in Australia under consideration. As I am concerned about
maintaining the integrity of family units throughout the trial, the participants are able
to visit family members and friends remaining in the IRPC regularly.

The participants live in a cluster of houses within the township of Woomera and
although they are not able to freely come and go, they will have regular opportunities
to go on supervised excursions to community facilities. Discussions will take place
with the South Australian Education Department to examine the option of the
children attending the local school.

Australia does have in place arrangements to enable children in detention to be
released on a bridging visa into the community. Criteria for release hinge on
appropriate care and welfare arrangements with the best interests of the child being
the primary consideration. The child's best interests are assessed on the particular
circumstances of each individual case. Generally, I would not think it to be in the
best interests of the child to be separated from his/her parents, family or fellow
country persons.

A permanent working party of senior Departmental staff meets on a regular basis at
the central office of my Department to undertake an administrative review of
detention cases and, in particular, cases of concern such as long term detainees and
children.

In conclusion, the Government is committed to its obligations under the Convention
on the Rights of the Child ensuring that an appropriate humanitarian response is
provided to those seeking Australia's protection, while at the same time meeting our
responsibilities in maintaining the integrity of Australia's borders and migration
programs.

Thank you for writing about your concerns.

Philippa Godwin
First Assistant Secretary
Detention Taskforce

Last Modified: 18-01-2003 13:08:48