Related Research Articles
The Pacific Solution is the name given to the government of Australia's policy of transporting asylum seekers to detention centres on island nations in the Pacific Ocean, rather than allowing them to land on the Australian mainland. Initially implemented from 2001 to 2007, it had bipartisan support from the Coalition and Labor opposition at the time. The Pacific Solution consisted of three central strategies:
Australian immigration detention facilities comprise a number of different facilities throughout Australia, including the Australian territory of Christmas Island. Such facilities also exist in Papua New Guinea and Nauru, namely the Nauru Regional Processing Centre and the Manus Regional Processing Centre.
The Nauru Regional Processing Centre is an offshore Australian immigration detention facility in use from 2001 to 2008, from 2012 to 2019, and from September 2021. It is located on the South Pacific island nation of Nauru and run by the Government of Nauru. The use of immigration detention facilities is part of a policy of mandatory detention in Australia.
The Department of Immigration and Border Protection (DIBP) was a department of the Government of Australia that was responsible for immigration, citizenship and border control. It has now been subsumed into the Department of Home Affairs, which combines its responsibilities with a number of other portfolios.
Cornelia Rau is a German and Australian citizen who was unlawfully detained for a period of ten months in 2004 and 2005 as part of the Australian Government's mandatory detention program.
Immigration detention is the policy of holding individuals suspected of visa violations, illegal entry or unauthorized arrival, as well as those subject to deportation and removal until a decision is made by immigration authorities to grant a visa and release them into the community, or to repatriate them to their country of departure. Mandatory detention refers to the practice of compulsorily detaining or imprisoning people seeking political asylum, or who are considered to be illegal immigrants or unauthorized arrivals into a country. Some countries have set a maximum period of detention, while others permit indefinite detention.
Peter Qasim was the longest-serving detainee in Australian immigration detention, having been detained there for over seven years. He had not been deported because he was stateless. He was detained at Baxter Immigration Reception and Processing Centre before being transferred to an Adelaide psychiatric facility.
Al-Kateb v Godwin, was a decision of the High Court of Australia, which ruled on 6 August 2004 that the indefinite detention of a stateless person was lawful. The case concerned Ahmed Al-Kateb, a Palestinian man born in Kuwait, who moved to Australia in 2000 and applied for a temporary protection visa. The Commonwealth Minister for Immigration's decision to refuse the application was upheld by the Refugee Review Tribunal and the Federal Court. In 2002, Al-Kateb declared that he wished to return to Kuwait or Gaza. However, since no country would accept Al-Kateb, he was declared stateless and detained under the policy of mandatory detention.
Stefan Nystrom was a long-time resident of Australia who was deported to Sweden in 2006. He won a landmark decision at the United Nations in 2011, establishing that non-citizens may also have the right to enter a country.
Muhamed Haneef is an Indian born doctor who was falsely accused of aiding terrorists, and left Australia upon cancellation of his visa amid great political controversy. His visa was later reinstated and he was given some compensation.
Muhammad Faisal is an Iraqi refugee who was detained on the island of Nauru between 2001 and 2006 under the Australian Government's "pacific solution". Faisal became the second last Iraqi refugee to leave Nauru after he was initially refused a protection visa on the basis of an adverse security assessment issued by the Australian Security Intelligence Organisation (ASIO).
The Australian government has a policy and practice of detaining in immigration detention facilities non-citizens not holding a valid visa, suspected of visa violations, illegal entry or unauthorised arrival, and those subject to deportation and removal in immigration detention until a decision is made by the immigration authorities to grant a visa and release them into the community, or to repatriate them to their country of origin/passport. Persons in immigration detention may at any time opt to voluntarily leave Australia for their country of origin, or they may be deported or given a bridging or temporary visa. In 1992, Australia adopted a mandatory detention policy obliging the government to detain all persons entering or being in the country without a valid visa, while their claim to remain in Australia is processed and security and health checks undertaken. Also, at the same time, the law was changed to permit indefinite detention, from the previous limit of 273 days. The policy was instituted by the Keating government in 1992, and has been varied by the subsequent Howard, Rudd, Gillard, Abbott, Turnbull, Morrison and Albanese Governments. The policy is regarded as controversial and has been criticised by a number of organisations. The High Court of Australia has confirmed, by majority, the constitutionality of indefinite mandatory detention of non-citizens.
Plaintiff M70 is a decision by the High Court of Australia. The lawsuit concerned an injunction sought by multiple Afghan asylum seekers against immigration minister Chris Bowen. The injunction was to prevent Bowen from deporting the plaintiffs to Malaysia, pursuant to s198A of the Migration Act. The purpose of the deportation was to avoid their asylum application from being assessed by Australia.
Asylum in Australia has been granted to many refugees since 1945, when half a million Europeans displaced by World War II were given asylum. Since then, there have been periodic waves of asylum seekers from South East Asia and the Middle East, with government policy and public opinion changing over the years.
The Migration Act 1958(Cth) is an Act of the Parliament of Australia that governs immigration to Australia. It set up Australia’s universal visa system (or entry permits). Its long title is "An Act relating to the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons."
Involuntary commitment or civil commitment is a legal process through which an individual who is deemed by a qualified agent to have symptoms of severe mental disorder is detained in a psychiatric hospital (inpatient) where they can be treated involuntarily.
Immigration is the movement of an individual or group of peoples to a foreign country to live permanently. Since 1788, when the first British settlers arrived in Botany Bay, immigrants have travelled from across the world to establish a life in Australia. The reason for people or groups of peoples moving to Australia varies. Such reasons can be due to seeking work or even refuge from third world countries. The health of immigrants entering Australia varies depending on the individual's country of origin and the circumstance of which they came, as well as their state of travel to Australia. Immigrants are known to enter Australia both regularly and irregularly, and this can affect one's health immensely. Once in Australia, immigrants are given the opportunity to access a high quality of healthcare services, however, the usage of these services can differ dependent on the culture and place of birth of the individual. Researchers have proven this. Australia has strict health regulations that have to be met before one is allowed access into Australia and can determine if one is granted or denied such access. The quarantine process of immigrants into Australia has been in place since 1830, starting at the North Head Quarantine Station and continues all over Australia.
The Better Access Scheme also known as the "Better Access to Psychiatrists, Psychologists and General Practitioners initiative" is a program of the Australian Government that provides subsidised mental health care to Australian residents. Under the scheme, General Practitioners (GPs), Paediatricians and Psychiatrists with a Medicare provider number are able to refer patients to eligible allied health practitioners for treatment of mental health conditions under Medicare. The scheme is a key component of health care in Australia and aims to improve the treatment and management of mental illness within the Australian community. The introduction of the Better Access scheme has provided over 30 million individual treatment services for Australians with mental health disorders since its inception.
Rathnayake Liyanage Wishma Sandamali was a Sri Lankan woman who died in custody at an immigration detention facility in Nagoya, Japan, after her requests for provisional release and adequate medical care were denied. Japanese authorities detained Wishma in August 2020 for overstaying her visa, which was discovered after she reported experiencing domestic violence.
References
- "Mother and baby kept in isolation". The Australian. May 5, 2005.[ dead link ]
- Marks, Kathy (May 6, 2005). "Girl in Australian detention since birth suffers mental problems". New Zealand Herald.
- "Immigration Department yields to psychiatrist's requests". ABC Local Radio. May 6, 2005.
- "Child released after spending entire life in Australian detention centre". Wikinews. May 24, 2005.