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Results for immigration detention (australia)

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Author: Australia. Commonwealth Ombudsman

Title: Christmas Island immigration detention facilities: Report on the Commonwealth and Immigration Ombudsman's oversight of immigration processes on Christmas Island October 2008 to September 2010

Summary: In September 2008, the Minister for Immigration and Citizenship requested, and the Commonwealth Ombudsman agreed, to take on an oversight role of the non statutory refugee assessment process for asylum seekers at the Christmas Island immigration detention facilities. Ombudsman staff have since made eight visits to the Christmas Island immigration detention facilities and have observed all the processes conducted from the time asylum seekers are brought to the wharf at Flying Fish Cove until their refugee status is determined, and they are advised that the Minister will allow them to apply for a visa or that they are likely to be removed from Australia. When visiting the island, Ombudsman staff have also taken the opportunity to undertake inspections of the immigration detention facilities and accept complaints from detainees. In the period since our first visit in October 2008, there have been many changes affecting the processing of asylum seekers and the circumstances of the people detained on the island. Most obviously the number of people passing through the non-statutory process has grown significantly and this has adversely affected conditions of detention. In October 2008 there were only 31 people in detention. In June 2010, 2454 people were detained on Christmas Island, including 270 children. By 1 September 2010, this had further increased to 2603, significantly exceeding the detention capacity by more than 500 people. The challenge that management of the Christmas Island detention facilities has posed for the Department of Immigration and Citizenship should not be underestimated. Impressions taken from our initial visit in October 2008 were that whilst the Department was clear about its own objectives, the planning process may not have given sufficient attention to co-ordination with and between other agencies, as well as internal to the Department itself. However, our office’s experience has been that the Department has been responsive to comments made in the reports we have provided to them after each visit and been willing to accept advice, learn from mistakes and make improvements. We have observed and made in all six recommendations on a number of issues core to the effective and appropriate operation of the Christmas Island detention facilities. Additional to improving cooperation and communication amongst agencies, we made recommendations to DIAC for a thorough review of the non-statutory Refugee Status Assessment (RSA) process as well as the processes for relocation of persons with a positive assessment to more appropriate community detention. Recommendation is also made on the appropriate numbers and use of interpreters, which has over time been a matter contributing to anxiety amongst detainees. The vexing issue of unaccompanied minors or families with children is one of key concern to this office. The Ombudsman welcomes recent announcements about changed procedures that will facilitate processing of their claims on the Australian mainland. It is our office’s view that pending the outcome of RSA claims and security clearances, that they (families and children) should be placed in community detention. The Ombudsman’s office has noted the clearance of the heavy backlog of torture and trauma cases requiring professional attention. Nevertheless, with the increasing number of detainees, tremendous pressure remains on the facilities and resources available at the Christmas Island detention facilities. Our office continues to receive complaints about a variety of issues, including processing delays and detention times, and the lack of services and facilities. We have recommended the expedition of movement of detainees to the Australian mainland so as to address overcrowding, as well as the need to address the shortage of facilities and services, in particular mental health services. Based on observations during the past two years, Ombudsman considers that the Department has on the whole managed the operation as well or better than could be expected. However, the Ombudsman considers that the stage has been reached where the current scale of operations on Christmas Island is not sustainable. At the time of this report, people detained at the Christmas Island detention facilities were 2757, a further increase from that in September 2010 and in excess of the operation’s Contingency Accommodation Capacity (CAC) of 2584. The Christmas Island detention facilities have a nominal operation capacity of 744. Simply put, there are too many people detained at the combined Christmas Island immigration detention facilities. Whether the solution is to make use of facilities on the Australian mainland is a policy decision for Government to make. However, the Ombudsman is concerned that attempting to manage more facilities by utilising the existing level of resources in geographically diverse areas potentially brings with it other problems not least of which is ensuring the presence of adequate infrastructure and mental health services.

Details: Canberra, Australia: Commonwealth Ombudsman, 2011. 23p.

Source: Report No. 02-2011: Internet Resource: Accessed March 20, 2012 at http://www.ombudsman.gov.au/files/christmas_island_immigration_detention_facilities_report.pdf

Year: 2011

Country: Australia

URL: http://www.ombudsman.gov.au/files/christmas_island_immigration_detention_facilities_report.pdf

Shelf Number: 124588

Keywords:
Asylum
Detention Facilities (Australia)
Immigration Detention (Australia)
Refugees