Media Release from the Human Rights & Equal Opportunity Commission , 29 July 2008

Federal Human Rights Commissioner, Graeme Innes, today welcomed the Government’s announcement of a major shift in immigration detention policy to a model where detention in Immigration Detention Centres is only to be used as a last resort and for the shortest practicable time.

“This is a huge step forward for the protection of the human rights of people in immigration detention, perhaps the biggest step taken in three years since children were moved out of immigration detention centres,” said Commissioner Innes.

“The implementation of this approach would go a long way toward meeting our international commitments, including to people who have travelled to Australia to escape fear, persecution and injustice in their own countries,” said Commissioner Innes. “It would also assist in repairing the shameful reputation Australia has developed for the way it has treated such people over the last decade or so.”

“I am especially pleased that the seven key values on immigration detention, endorsed by Cabinet, assert that indefinite and long term detention is simply not acceptable,” Mr Innes said.

In announcing the new policy reforms to the immigration detention system, the Minister for Immigration and Citizenship, Senator Chris Evans, indicated that detention will only occur if the need to detain is established.

The presumption will be that people will remain in the community while their immigration status is resolved, unless there is a risk to the community. According to the Minister, the Department for Immigration and Citizenship (DIAC) will have to justify a decision to detain – not presume detention.

“We look forward to working with DIAC and the Government on the best means of putting these values into practice,” said Commissioner Innes.

“HREOC’s work in this area - in particular, the National Inquiry into Children in Immigration Detention – should be relied on to achieve the Government’s immigration values.”

The Human Rights Commissioner will be inspecting Christmas Island immigration detention facilities on 12 and 13 August as part of his annual inspection of immigration detention facilities across the country. He will be available for comment about Christmas Island following this visit.

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