Time for a commonsense detention policy

In 1998 the Human Rights and Equal Opportunity Commission developed a more effective community model for assessing and detaining asylum seekers, contained within the report "Those who’ve come across the seas: detention of unauthorised arrivals".This model was developed further in 2001 by the Conference of Leaders of Religious Institutes (NSW) and another non-governmental organisation, Justice for Asylum Seekers.

The model entails:

1. A period of initial mandatory detention to ensure public health and safety and identification, but only for a limited period of 30 days with two possible extensions of 30 days.
2. Detentions over the 30 days period should only be allowed in cases where:
   - identity cannot be verified;
   - there are reasonable grounds of a threat to national security, public order, health or safety;
   - a person seems likely to abscond;
   - a person refuses to undertake health screening; or
   - a person has not lodged an application for a Protection Visa.
   Those given priority for release are children, the elderly, single women and those requiring medical or trauma attention. The decision on release should be made by departmental officers subject to tribunal and judicial review, or by an assessment panel with both departmental and outside members.
3. Those not denied release on one of the above criteria are given a community release, bridging visa (allowing the visa holder to reside at an approved address as long as he/she reports to the Department at regular intervals. A bond payment may be required of family or sponsors.
4. Asylum seekers who breach the conditions set for release may be returned to detention for another 30 days and reassessment.
5. Any asylum seeker detained beyond the initial period of 30 days may seek review of the decision to continue detention.

The asylum seeker “crisis” has passed. The “flood” has dried up. It is no longer necessary to “deter” potential asylum seekers by detaining those who’ve already arrived for periods of up to six years. The time has come to mothball the remaining Immigration Reception Processing Centres and shift the remaining asylum seekers into community accommodation.

Let common sense reign. Ending ongoing mandatory detention in favour of the above assessment model represents a more compassionate, cost effective and reliable policy for processing asylum seekers in Australia.