The Hon Chris Bowen MP Minister for Immigration and Citizenship ...

From the Office of the President

The Hon Chris Bowen MP Minister for Immigration and Citizenship Parliament House Canberra ACT 2600

Alexander Ward [email protected]

Dear Minister, PRIORITY ISSUES – IMMIGRATION DETENTION POLICY On 11 November 2010 the Law Council of Australia and the Law Institute of Victoria wrote to you welcoming a number of important positive developments in the area of immigration detention policy and also raising some priority concerns common to both organisations. The Law Council and the LIV note that one of the issues raised in the letter has been recently resolved with the re-introduction of the Migration Amendment (Complementary Protection) Bill into Commonwealth Parliament. However, the Law Council and the LIV have yet to receive a response to its requests for information or to other issues raised in this letter. In particular, the Law Council and the LIV would welcome further information about the details of the proposed Regional Protection Framework, including further information about: who will process the claims of asylum seekers; what criteria will be used to process the claims; and where will asylum seekers be processed and settled. The Law Council and the LIV also continue to hold concerns about the wellbeing of unaccompanied minors and children detained in immigration detention facilities. These concerns have been confirmed by recent reports of the Australian Human Rights Commission, such as the Commission’s 2010 report on Immigration Detention in Darwin, where concern is expressed about the impacts prolonged detention were having on the health, education and psychological needs of children, and the Commission’s 2011 summary report on Immigration detention in Leonora which concludes that the hot, dusty and harsh physical environment of the facility makes it inappropriate for children. The Law Council and the LIV note that many of the concerns raised in the joint letter of 11 November 2010 are also reflected in the recommendations made by certain UN Member States and adopted by the UN Human Rights Council following Australia’s recent appearance as part of the Universal Periodic Review process. 1 For example, it was recommended that the Australia Government

1 UN Human Rights Council, Draft report of the Working Group on the Universal Periodic Review: Australia (31 January 2011) A/HRC/WG.6/10/L

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review its mandatory detention regime of asylum seekers, limiting detention to the shortest time reasonably necessary ;

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ensure that no children are held in detention on the basis of their migratory status and that special protection and assistance is provided to unaccompanied children;

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consider alternatives to the detention of irregular migrants and asylum seekers, limit the length of detentions, ensure access to legal and health assistance; and

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continue to work and coordinate with countries in the region to strengthen the regional framework to deal with irregular migration and human trafficking in a comprehensive and sustainable manner, bearing in mind international human rights and humanitarian principles.

The Australian Government has committed to considering these and the other recommendations made during the review process and providing a response to the UN Human Rights Council by June 2011. The Law Council and the LIV look forward to hearing from you shortly in relation to the above outstanding concerns.

Yours sincerely,

Alexander Ward

Caroline Counsel

1 March 2011

2011 03 01 - Follow Up joint LCA & LIV Ltr to Bowen re Priority Issues Immigration Detention

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