Last week, independent MP Andrew Wilkie reintroduced to federal parliament the Ending Indefinite and Arbitrary Immigration Detention Bill 2022. This bill gives Australia the chance to bring its immigration detention regime in line with basic international law requirements for the first time since 1992.

Wilkie’s bill presents a timely opportunity for the new federal government to reform a regime that leading legal and human rights organisations have called “inhumane, unnecessary, and unlawful”.

Australia’s human rights commitment
Australia has committed to uphold human rights and protect refugees, including committing to not arbitrarily or indefinitely detain adults or children. Despite this, under Australia’s current mandatory detention regime, non-citizens without a valid visa must be detained as a first resort for potentially indefinite periods and without access to review by a court.

Australia’s commitments under international law are not enforceable under Australian law unless they are implemented through legislation. This means that in the absence of legislation that fully protects the right to liberty, the Australian High Court has consistently held that indefinite immigration detention is lawful under Australian law.

International criticism
The UN has repeatedly condemned Australia’s treatment of asylum seekers and refugees as contrary to Australia’s international obligations and “an affront to the protection of human rights”. This includes statements and decisions from:

UN High Commissioner for Human Rights Michelle Bachelet in 2018

the UN Special Rapporteur on the human rights of migrants, François Crépeau, in 2017

the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Juan E. Méndez, in 2015 and 2017

UN High Commissioner for Refugees Filippo Grandi in 2017
The UN Human Rights Committee in 2013.

International criticisms have largely focused on Australia’s failure to respect the rights of individuals to not be detained arbitrarily or indefinitely; subjected to cruel, inhuman or degrading treatment; or returned to a place where they will face a real risk of harm.

Read more: https://theconversation.com/new-immigration-detention-bill-could-give-australia-a-fresh-chance-to-comply-with-international-law-188519