Mandatory detention in Australia

Immigration detention in Australia is the policy and practice of the Australian Government of detaining in Australian immigration detention facilities non-citizens not holding a valid visa, suspected of visa violations, illegal entry or unauthorised arrival, and those subject to deportation and removal in immigration detention until a decision is made by the immigration authorities to grant a visa and release them into the community, or to repatriate them to their country of departure. Persons in immigration detention may at any time opt to voluntarily leave Australia for their country of origin, or they may be deported or given a bridging or temporary visa.

In 1992, Australia adopted a mandatory detention policy obliging the Australian Government to detain all persons entering or being in the country without a valid visa, while their claim to remain in Australia is processed and security and health checks undertaken. Also at the same the law was changed to permit indefinite detention, from the previous limit of 273 days. Mandatory detention continues to be part of a campaign by successive Australian governments to stop people without a valid visa (typically asylum seekers) entering the country by boat. The policy was instituted by the Keating Government in 1992, and has been varied by the subsequent Howard, Rudd, Gillard and Abbott Governments. The policy is regarded as controversial and has been criticised by a number of organisations. The High Court of Australia has confirmed, by majority, the constitutionality of indefinite mandatory detention of aliens.

Mandatory detention rules also apply to persons whose visa has been cancelled by the Minister, for example on character grounds, allowing such persons to be detained in immigration detention and deported, some after living in Australia for a long period.

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