Long-term, often indefinite, mandatory detention has become Australia’s first resort, rather than its last.
Indefinite detention is considered arbitrary – and therefore unlawful – under international human rights law.
Decades of medical research across the world – including studies commissioned by the Australian government – have consistently warned the wearing uncertainty of indefinite detention is deeply damaging for those so held.
But this week the Australian parliament, with almost no debate, codified the indefinite detention of refugees and asylum seekers, including without charge or trial, into domestic law.
Parliament was told about a “small cohort” – some put the figure at 21 – of “serious criminals” who can be neither deported nor released into the Australian community.