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IS DETENTION OF ASYLUM SEEKERS A BREACH

OF HUMAN RIGHTS?

Asylum seekers are subjected to mandatory detention in a number of countries. A notable example is Australia. The Migration Act 1958 requires that all ‘unlawful non-citizens’ are detained. These are people who are not Australian citizens and do not have permission to be in the country (i.e. They don’t have a valid visa).

Asylum seekers who arrive (or who are intercepted while attempting to arrive) in Australia by boat without a valid visa are held in detention centres in Australian territory and in other countries (Nauru or PNG) under arrangements made and funded by Australia. Such detention occurs automatically, and can last for the entire period in which an asylum claim is being determined, which could be a very long time. While Australia maintains a statutory regime of mandatory immigration detention, many asylum seekers have been allowed to live in the community while their claims are being processed.

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