Alternatives to the Mandatory Detention of Asylum Seekers
What other countries do
Read how other countries respond to asylum seekers and in particular the question of whether children should be detained at all, or if so, under what circumstances and for how long.
HREOC's recommendations on detention of children
Read the recommendations in HREOC's report of its National Inquiry into Children in Immigration Detention.
The Better Way
Visit The Better Way web site.
Download: TheBetterWay.pdf
"The Better Way" booklet has been prepared by Justice for Asylum Seekers, an alliance of over thirty national church, welfare and community organisations, founded in Melbourne in 1999 to achieve just treatment of people claiming asylum in Australia while acknowledging the need for border management and sound migration processes.
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"There is a better way of dealing with the needs of refugees arriving in Australia – whether with or without a visa, by boat or by plane. The Better Way will not compromise Australia’s security, health or community values, and will actually be cheaper."
Make the right choice
Simple steps to fix refugee policy now. View PDF from A Just Australia, June 2003.
Complementary protection
There are people who do not meet the Convention definition of a refugee but who have other genuine reasons why they cannot return to their country of origin. For example, people fleeing generalised violence and abuse of human rights that is not necessarily targeted at the individual personally, but is a result of armed conflict or civil war or people who have no nationality or right of return. At present Australia does not have an efficient or accoutable way for processing applications from these people, unlike countries such as th eUK, USA and Germany who have complementary protection systems.
Read the Refugee Council of Australia's Questions and Answers on complementary protection.
View the RCOA's complementary protection model on their web site.
Minimum Standards of Care for Asylum Seekers in the Community
Draft Working Paper of the Asylum Seeker Project Hotham Mission
Download: HothamMissionAsylumSeekerMinStds.doc
A number of categories of asylum seekers currently reside lawfully in the community awaiting a decision on their refugee or humanitarian claim without the right to work, healthcare or welfare-based support. This includes asylum seekers released from detention for medical reasons, and also includes community-based asylum seekers with unique and exceptional welfare needs. A wide range of serious welfare concerns arise for these groups, including the risk to homelessness, the impact on health and overall wellbeing, particularly for child asylum seekers. [...]
The provision of minimum entitlements to work, health care and welfare support for asylum seekers are embedded in Australia’s international obligations but are arguably also in Australia’s interests. [...]
These rights are also vital to ensure children have access to essential health services and income support as required in accordance with the Convention on the Rights of the Child. [The Convention] is very clear on special provisions being made for asylum seeker children:
- "States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties." CRC article 22(1)
Alternative Detention Model
The alternative model provides a legislative and regulatory framework for a more flexible detention regime. Under this model restrictions of the current type on the liberty of Protection Visa applicants should be kept to a minimum, usually to less than 90 days. After the initial period in closed detention, most applicants would pass on to a more liberal regime; one that is most appropriate to the individuals circumstances.