Australian immigration detention facility

Australian immigration detention facilities comprise a number of different facilities throughout Australia (including one on the Australian territory of Christmas Island). They are currently used to imprison people who are detained under Australia’s policy of mandatory immigration detention, and previously under the now defunct Pacific Solution. The facilities are currently operated by Serco, and were previously run under G4S who used to be named Global Solutions Limited (GSL), under contract from the Department of Immigration and Border Protection (DIBP).

The Migration Act 1958 allowed discretionary detention of unauthorised arrivals until 1992. Since the 1990s when the Keating Government created a policy of mandatory detention of unauthorised arrivals, with non-citizens arriving by boat without a valid visa being detained until they were either granted a visa, or deported.

Towards the end of the 1990s, a large increase in the number of unauthorised arrivals exceeded the capacity of the existing Immigration Reception and Processing Centres at Port Hedland and Curtin.

Immigration detention centres detain people who have overstayed their visa, breached their visa conditions and had their visa cancelled or have been refused entry at Australia's entry ports. This includes irregular maritime arrivals claiming asylum without passports, identity papers or valid entry visas. Under the Migration Act 1958, people arriving in this manner are classed as unlawful non-citizens and are currently subject to mandatory detention. However, in 1954 the Australian government ratified the United Nations Convention Relating to the Status of Refugees. Under Article 31 of the convention, the Australian government is legally obligated to grant anyone fleeing persecution and seeking asylum the right to enter the country by whatever means possible. Furthermore, the Article states that signatory countries are not to impose penalties on or indefinitely restrict the freedom of movement of those seeking asylum.

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