In April and May 2024, the Australian Human Rights Commission conducted a series of inspections, interviews, and consultations to monitor the human rights of women detained in onshore immigration detention centres. These inspections covered the Broadmeadows Residential Precinct and adjoining Melbourne Immigration Detention Centre, Villawood Immigration Detention Centre in Sydney, and Perth Immigration Detention Centre.
The resulting report, released this week, offers a comprehensive assessment of the human rights impacts on women in immigration detention and provides 31 recommendations to improve their treatment. The Department of Home Affairs has issued a formal response to the report, which is published alongside the Commission’s findings.
Detention Length: A Grave Concern
‘The prolonged detention of women in Australian immigration facilities is a damning indictment of our nation’s disregard for basic human rights,’ said Tabitha Lean. ‘An average detention period of 565 days is utterly inhumane and stands in stark contrast to international standards. Countries like Canada, with an average detention period of 19 days, and the UK, where most people are held for less than a month, demonstrate that efficient and rights-based approaches are possible. Australia’s policies lag disgracefully behind the rest of the world, subjecting women to unnecessary stress, uncertainty, and profound mental health impacts. It is past time for Australia to adopt a fair and compassionate immigration system that prioritises human dignity over indefinite detention,’ said Tabitha Lean.
Profile of Women in Detention
The report highlights that as of 30 June 2024, 84.5% of all individuals in immigration detention had a criminal history, and 57.6% were detained due to visa cancellations under section 501 of the Migration Act. For women, this figure stands at 50%, reflecting the increasing use of visa cancellations since the introduction of the Migration Amendment (Character and General Visa Cancellation) Act 2014.
‘Many of these women have spent most of their lives in Australia, with deep family and community ties. Despite this, they face deportation under an inflexible system that fails to consider their connections or the long-term impacts of their removal,’ said Tabitha Lean. ‘The National Network has repeatedly called for more humanity in this system – changes that would account for these ties. We will continue to advocate for a more compassionate and fair approach to visa cancellation reviews,’ said Tabitha Lean.
Living Conditions: Injustice Compounded
The Commission’s report documents significant distress among women in immigration detention. Many women, particularly those detained under section 501, expressed frustration at the lack of meaningful programs and activities. One woman stated, "I need something to get up for, routine. I can’t sit around and drink coffee and play games all day. ” Another noted, ” I’d rather be in prison; at least there I had work. There is no structure here.”
“Women in immigration detention face a profound injustice, compounded by the lack of meaningful vocational opportunities. Instead, they are often relegated to child-like activities, such as colouring- in sheets, which infantilise and demean them. This lack of meaningful engagement reflects a systemic disregard for their needs, perpetuating gendered violence through punitive and dehumanising treatment,’ said Tabitha Lean.
The Cruelty of Uncertainty
For women transitioning from prison to immigration detention, the uncertainty surrounding deportation processes and timelines compounds their distress. ‘The fear of deportation and the risks of returning to their country of birth weigh heavily on women in detention, dominating their thoughts and creating a state of constant flux and anxiety. This unnecessary cruelty is unacceptable and must be urgently addressed,’ said Tabitha Lean.
Calls for Change
‘The National Network strongly oppose operational quarantine measures, which isolate women further from their families and children. Detaining women indefinitely, away from their support networks, is inhumane,’ said Tabitha Lean. ‘There are effective community-based alternatives that do not rely on incarceration,’ said Tabitha Lean.
‘The Department of Home Affairs’ response to the Commission’s recommendations is tepid at best. While 11 recommendations were agreed to or partially agreed to, four were outright rejected, 15 were merely “noted,” and one requires further consideration. This lacklustre response highlights a disconnect between government rhetoric and the lived realities of women in detention,’ said Tabitha Lean.
‘The government must move beyond aspirational policy statements and take immediate action to address the systemic issues within immigration detention. Women deserve dignity, respect, and a humane approach that prioritises their well-being and community connections over punitive measures,’ said Tabitha Lean.
For further comment, please contact Tabitha Lean on 0499 780 226
