Should The Mandatory Detention Policy Be Allowed?

Mandatory detention is the practice of compulsorily detaining or imprisoning people seeking political asylum. Whilst Australia is not the only country to detain unauthorized arrivals in certain circumstances, it is the only country where there is mandatory immigration detention for all unlawful non-citizens. This imposition of mandatory detention for asylum seekers arriving in Australia without visas is a violation of basic human rights principles. As a signatory to the Universal Declaration of Human Rights, and countless treaties from the UN, our nation is in compliance with these principles, and whilst Australia continues to impose mandatory detention on Asylum Seekers we are violating the terms of these treaties.

For many years refugees have been demonized by the country through the spread of fear and misconception. Furthermore, the disgusting treatment of refugees in the detention camps by the Australian Government has been roundly criticised by the international community.

Asylum seekers who are held in mandatory and indefinite detention for prolonged periods of time

Another technique used in the documentary to challenge the viewers’ assumptions was the use of narration to present facts about the refugee situation. These facts and figures give the viewers a truthful and realistic picture of the situation. Some beliefs that exist in Australian society are that we are taking in too many refugees; they are criminals, they are taking over Australia, using Australian tax payers’ money and changing our culture. However, we are presented with facts and figures that change our assumptions. For example, more than 30 million people have fled their homes with nothing but the clothes they wear, boat smugglers charge up to and over $10, 000 US dollars, 13, 000 refugees are accepted annually only 2,000 of those refugees arrive by boat. Despite what many people think, like Raye who believed refugees in Australia are “handed everything on a gold platter,” life in detention centres is hard. In Villawood Detention Centre, over 9 months, three detainees committed suicide and 18 caused self-harm.

Almost all children in Australian detention centres either travelled to Australia by boat without a visa or were born in detention. The number of people arriving by boat rose substantially from

This is to guarantee that children may only be detained under the Migration Act for only on necessary matters such as identity, health and security checks. Children shouldn’t even be behind bars. They should be able to be released into the community as they have just as much right as everyone else does. We need new laws that make detention of children the last resort – not the first or the only option. We need new laws that make detention of children for the shortest proper period of time – not for indefinite periods of time. And we need new laws that make the best interests of the child a primary consideration – not laws that force a choice between indefinite detention and family separation. There also needs to be an individual assessment of the need to detain children and an effective review of detention in the courts. Our immigration laws need to be amended as a matter of urgency to ensure Australia’s full agreement with the international human rights standards.

Political unrest and local war happens around the world all the time. Many people live in a dangerous situation and suffered from violence. Hence, large amount of asylum seeker undertakes a huge perilous, try to cross the ocean and arrive Australia. To deal with this issue, Australian government enacted mandatory detention policy and offshore processing policy, these policies become highly contentious in the community with many arguments and criticisms. This report will focus on the nature and purpose of these immigration policies and the impact towards the asylum seeker as well as the criticism form international. To propose some advice about how the future policies should be framed.

In May 2013, the Government made some extension in policy to apply to asylum seekers who arrive by boat anywhere in Australia. Under this system, Asylum seekers who have arrived by boat must be transferred to the third country. Additionally, if these people transferred to third country then their claims of protection will be processed under this country’s law. Reciprocally, if asylum seekers who arrive by boat are allowed by the minister to remain in Australia, then their claims will be processes under Australian law. However, as of June 2013, Australian Government has not yet started processing any claims by asylum seekers, who arrived after 13 August, 2013. This was the step taken by former government maybe under the pressure of its own people who are Australians. As far as Australians are concerned, it is true that Australians are racist and they won’t people of other countries to come and live in their country. Racism can be seen in clubs and pubs where those Australian see other people with angrily and heatedly. Even though, Racism factor is present in Australia; but still it is a beautiful and safe country. Meanwhile, as far as the Australians views are concerned in regarding to asylum seekers who arrive on boats or any other way to

During 2012-13 Australia’s Refugee and Humanitarian program increased from 13,750 to 20,000 places divided between offshore resettlement and onshore protection. It resulted in 87% rise in the number of offshore resettlement visas granted. The alternatives include indefinite mandatory detention and mandatory detention. Asylum seekers who arrive without prior valid visas usually have to go through mandatory detention. They usually stay in detention for an average of 450 days. Community placement are another alternative. Many asylum seekers from immigration detentions centers are released are placed on bridging visas so they can live in community. Although

Another important stakeholder in this issue is the children themselves. Almost all of the children present in detention centres are asylum seekers whom arrived in Australia by boat, and are classified as ‘unauthorised maritime arrivals’ (Humanrights.gov.au, 2015). These asylum seeker children all held the same responses to some degree. Their responses were all surrounded by the main aspect of ‘Wanting to be free and safe’.

Australia has arguably the most restrictive immigration control in the world and has very tough policies in place for asylum seekers who arrive by boat. Under Australia 's system of mandatory detention, all non-citizens who are in Australia without a valid visa must be detained, including children. In 2012, offshore processing of asylum seekers commenced and detention centres in Nauru and Manus Island (Papua New Guinea) were established. This new system enforced policies that transferred asylum seekers who arrive by boat without a valid visa to a third country. Once the processing of asylum seekers was completed, those found to be genuine refugees will be resettled in Papua New Guinea or Cambodia, not Australia. The Abbott Government stated that no immigrant who arrives in Australia by boat will be grated a visa, no matter the legitimacy of their claim. In April 2016, the Manus Island detention centre was closed after the Supreme Court of Papua New Guinea found it to be illegal. Current immigration Peter Dutton has made it clear that asylum seekers on Manus Island are the responsibility of Papua New Guinea and would not come to Australia. As well as the hundreds of immigrants in offshore detention centres, there are hundreds more in community detention in Australia. There are currently over 26,800 visa applications from those who are awaiting the outcome of their refugee application whilst living on a bridging visa in Australia.

People who come by boats should be allowed to live in Australia but some say that we should not accept boat people because we are unaware of these people really are and misjudge their character when they may be terrorists. Let just stop at this moment and think about this sensibly; the possibility that these boat people, who land on Australia by boats, are terrorists is highly unlikely. The distance to Australia is an extremely long way to go by boat. If terrorists decided to go to Australia, wouldn’t it take more risks for them to die any time at the sea before they accomplish their task? It is quite a bothersome to see some Australians are considering boat people as terrorists because many of them are genuine people who come to Australia

Additionally, Ameen & Lee (2010) are focused on what a juvenile is going to do after his or her detention is completed. These two researchers wanted to make it known that juveniles in detention, especially for a significant amount of time, need access to vocational training. Vocational training can aid in eliminating the down time a juvenile has. In turn, the detained juvenile is thought to have fewer violations, fewer punishments, as well as a greater chance for employment. Delinquent youth that are detained have had a disruption in the normal transition from a juvenile leading into the late teen years, and then onto adulthood. If these disruptions are not remedied, then the youth has a decreased chance of a normal life (Ameen & Lee, 2010).

International law under the 1951 Refugee Convention, permits the right to seek asylum and allocates a responsibility to provide protection for those who lie under the definition of refugee. Since then policies have been modified and used to suit the interests of the government. In particular, the Border Protection Legislation Amendment Act 1999. Authorised the removal of undocumented ships in Australian territory and proclaimed that anyone aboard the ship can be forcibly returned and denied application of asylum. Other legislation, such as the Migration Legislation Amendment Act 1999 makes it illegal for a person to carry people who are not citizens without valid documentation. These policies allow the government to portray itself as strong on border protection and terrorism. This plays well to its core constituencies but is rightly lambasted by human rights organisations and civil liberty groups. Refugees are undocumented people fleeing from their country of origin, so there isn’t a variety of travel options to escape to safety. The policy disclaiming that ‘everyone who lands by boat doesn’t get to stay’ is ignorant to the concept of why people are forced to leave. It’s not a choice to be removed from your country, it's a matter of survival and safety. The core principle of the Refugee convention is that people are not forced to return to a country where they face the threat of persecution or danger.

the Howard Coalition government introduced ‘community detention’ or ‘Residence Determination’ as an avenue to allow vulnerable individuals – particularly children – to live outside of immigration detention facilities without requiring an escort. 4 Community detention does not provide lawful status in Australia; instead, the person remains administratively in immigration detention while living with a degree of freedom of movement in the community (DIAC 2012b).