Legal centre calls for an end to mandatory detention

Murdoch University's Southern Communities Advocacy, Legal and Education Service (SCALES) appeared before the Australian Parliament Joint Standing Committee on Migration today as part of its inquiry into immigration detention.

Murdoch Law Lecturer and Director of SCALES, Anna Copeland, said the submission by SCALES to the Committee called for an end to the current scheme of mandatory detention of asylum seekers.

Ms Copeland said that among SCALES’ 19 recommendations they have called for an overhaul of migration legislation relating to detention and the excision of islands from Australia's migration zone.

Under the Australian immigration reforms announced in July by the Minister for Immigration and Citizenship, people will only be held in detention until health, security and identity checks have been completed.

Beyond this, mandatory detention will continue to apply to those people that present an unacceptable risk to the community and to unlawful non-citizens who have repeatedly refused to comply with their visa conditions.

Ms Copeland said SCALES welcomed the Federal Government’s recently announced policy intention to prevent long term and indefinite detention, but was concerned that without legislative changes these intentions might not be sufficient to create a system that guarantees freedom from arbitrary detention, among other human rights. 

“Further and detailed guidelines need to be provided, as to the meaning of unacceptable risk to the community and decisions to detain should be subject to proper external scrutiny and judicial review," Ms Copeland said.

"We recommend that Optional Protocol to the Convention Against Torture be signed to allow proper scrutiny from the international human rights system."

SCALES also calls for the strengthening of legislative provisions to ensure that children are never detained. 

“There should be a comprehensive review of the immigration system in respect of its treatment of children to ensure that the rights of children are protected,” Ms Copeland said.

Fourteen Murdoch University law students worked on the submission to the inquiry under the supervision of their law lecturers.

"SCALES provides a clinical legal education program to law students from Murdoch, giving them a chance to learn and develop their legal skills while providing legal services to those most in need," Ms Copeland said.

"The students took part in a two-week human rights clinic focusing on international and domestic human rights framework.

"As part of the practical component they contributed to the submission to the immigration detention inquiry."

The Joint Standing Committee, made up of members of the House of Representatives and Senate, will take evidence from a number of Western Australia's most prominent community service providers and refugee advocates.