Australia’s policy of indefinite mandatory detention of asylum seekers commenced in 1992. The indefinite mandatory detention of an “unlawful non-citizen”231 is prescribed under the Migration Act 1958 (Cth).232 Detainees may be indefinitely detained until they are removed from Australia, deported or granted a visa.233 Among those who have been detained under this policy are people with disability, including a number of teenagers with intellectual disability who have spent up to 2 years in Australian prisons on people smuggling charges.234
The Committee against Torture recommended in its Concluding Observations to Australia that Australia consider abolishing its policy of mandatory immigration detention and advised using detention as a measure of last resort only and setting a reasonable time limit for detention.235 Australia is yet to respond to the Committee’s recommendations.
The current conditions facing detainees in detention raise concerns with respect to Australia’s obligation to ensure people with disability, particularly those with psychosocial disability, are not subject to cruel, inhuman or degrading conditions.236 Specifically, the areas of concern in relation to conditions in immigration detention include inadequate physical and mental health care, use of solitary confinement, inadequate access to education, recreation and religious facilities and limited access to legal assistance.237
