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Background: Australian immigration policy resulted in large numbers of children being held in locked detention. We examined the physical and mental health of children and families who experienced immigration detention.
Australian Immigration
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Methods: Retrospective audit of medical records of children exposed to immigration detention attending the Royal Children's Hospital Immigrant Health Service, Melbourne, Australia, from January 2012 -December 2021. We extracted data on demographics, detention duration and location, symptoms, physical and mental health diagnoses and care provided.
Conclusion: This study provides clinical evidence of adverse impacts of held detention on children's physical and mental health and wellbeing. Policymakers must recognise the consequences of detention, and avoid detaining children and families.
Australia currently holds about 800 children in mandatory closed immigration detention for indefinite periods, with no pathway to protection or settlement. This includes 186 children detained on Nauru.
It provides compelling first-hand evidence of the negative impact that prolonged immigration detention is having on their mental and physical health. The evidence given by the children and their families is fully supported by psychiatrists, paediatricians and academic research. The evidence shows that immigration detention is a dangerous place for children. Data from the Department of Immigration and Border Protection describes numerous incidents of assault, sexual assault and self-harm in detention environments.
As the medical evidence has mounted over the last eight months of the Inquiry, it has become increasingly difficult to understand the policy of both Labor and Coalition Governments. Both the Hon Chris Bowen MP, as a former Minister for Immigration, and the Hon Scott Morrison MP, the current Minister for Immigration, agreed on oath before the Inquiry that holding children in detention does not deter either asylum seekers or people smugglers. No satisfactory rationale for the prolonged detention of children seeking asylum in Australia has been offered.
Australia is unique in its treatment of asylum seeker children. No other country mandates the closed and indefinite detention of children when they arrive on our shores. Unlike all other common law countries, Australia has no constitutional or legislative Bill of Rights to enable our courts to protect children. The Convention on the Rights of the Child is not part of Australian law, although Australia is a party. The Convention is, however, part of the mandate of the Australian Human Rights Commission to hold the Government to account for compliance with human rights. This Convention accordingly informs the findings and recommendations made by the Inquiry.
This Report is fundamentally different from previous reports by the Commission as it focuses in both a qualitative and quantitative way, on the impact of immigration detention on children as reported by children and their parents. The Commission conducted interviews with 1129 children and parents in detention, providing a much needed foundation for objective research findings. Standard questions were used in all interviews so that the reported impacts are measurable.
The evidence documented in this Report demonstrates unequivocally that prolonged detention of children leads to serious negative impacts on their mental and emotional health and development. This is supported by robust academic literature.
As the federal election was imminent, I decided to await the outcome of the election, and any government changes in asylum seeker policy, before considering launching an Inquiry. By February this year, it became apparent that there had been a slowing down of the release of children. Over the first six months of the new Coalition Government the numbers of children in detention remained relatively constant. Not only were over 1000 children held in detention by February 2014, but also they were being held for longer periods than in the past, with no pathway to resettlement.
The Inquiry, conducted over eight months from February to October 2014, has adopted a rigorous methodology, both qualitative and quantitative, to ensure that our statistics and findings stand up to scrutiny as accurate, fair and balanced.
We asked children and their families to answer a standardised questionnaire about the health impacts of detention, providing data from 1129 participants. Five public hearings were held, with 41 witnesses, including the Hon Chris Bowen MP and the Hon Scott Morrison MP. A total of 239 submissions were received from schools, medical service providers and NGOs, including the Refugee Advice and Casework Service, ChilOut and Amnesty International. Focus groups have been held with young adults who, as children, were detained, and can attest to the continuing impact of their detention.
While the Commission cannot exercise its powers in Nauru, a sovereign country, we retain jurisdiction to consider the legality of Commonwealth activities on the island as they affect the 186 children currently held there. We have relied on the expert evidence of service providers, medical professionals and communications from detainees to make findings about the impact of detention on the children.
This Report owes a considerable debt to the many people who assisted the Inquiry, including medical experts, lawyers, NGOs, student interns and the wider Australian community. The Commission is deeply grateful for their generous contributions over the last eight months.
Once the Inquiry was established, the Department created a Task Force dedicated to supporting its work headed by a senior executive officer. The Commission thanks the Task Force for their cooperation in arranging detention centre visits and responding to requests for information and documents.
It is troubling that members of the Government and Parliament and Departmental officials are either uninformed, or choose to ignore, the human rights treaties to which Australia is a party. The High Court of Australia in Teoh has confirmed that, when making decisions that affect children, government officials should take account of the rights guaranteed by the Convention on the Rights of the Child.
My hope is that the evidence detailed in this Report will prompt fair-minded Australians, Members of Parliament and the Federal Government to reconsider our asylum seeker policies and to release all children and their families immediately, or as soon as practical.
It is imperative that Australian governments never again use the lives of children to achieve political or strategic advantage. The aims of stopping people smugglers and deaths at sea do not justify the cruel and illegal means adopted.
As the arrival of asylum seeker children by sea without visas has ended for the moment, it is time to refocus on the plight of the 800 children who remain in Australian detention centres and on Nauru.
European colonisation began in 1788 with the establishment of a British penal colony in New South Wales. Beginning in 1901, Australia maintained the White Australia policy for much of the 20th century, which forbade the entrance in Australia of people of non-European ethnic origins. Following World War II, the policy was gradually relaxed, and was abolished entirely in 1973. Since 1945, more than 7 million people have settled in Australia.
Australia is a signatory to the Convention relating to the Status of Refugees and has resettled many asylum seekers. In recent years, Australia's policy of mandatory detention of unauthorised arrivals by boat has attracted controversy.
The first migration of humans to the continent took place around 65,000 years ago[11] via the islands of Maritime Southeast Asia and Papua New Guinea as part of the early history of human migration out of Africa.[12]
European migration to Australia began with the British convict settlement of Sydney Cove on 26 January 1788. The First Fleet comprised 11 ships carrying 775 convicts and 645 officials, members of the crew, marines, and their families and children. The settlers consisted of petty criminals, second-rate soldiers and a crew of sailors. There were few with skills needed to start a self-sufficient settlement, such as farmers and builders, and the colony experienced hunger and hardships. Male settlers far outnumbered female settlers. The Second Fleet arrived in 1790 bringing more convicts. The conditions of the transportation was described as horrific and worse than slave transports. Of the 1,026 convicts who embarked, 267 (256 men and 11 women) died during the voyage (26%); a further 486 were sick when they arrived of which 124 died soon after. The fleet was more of a drain on the struggling settlement than of any benefit. Conditions on the Third Fleet, which followed on the heels of the Second Fleet in 1791, were a bit better. The fleet comprised 11 ships. Of the more than 2000 convicts brought onto the ships, 173 male convicts and 9 female convicts died during the voyage. Other transport fleets bringing further convicts as well as freemen to the colony would follow. By the end of the penal transportation in 1868, approximately 165,000 people had entered Australia as convicts.
The colonies promoted migration by a variety of schemes. The Bounty Immigration Scheme (1835-1841) boosted emigration from the United Kingdom to New South Wales.[13] The South Australia Company was established to encourage settlement in South Australia by labourers and skilled migrants.
The Gold rush era, beginning in 1851, led to an enormous expansion in population, including large numbers of British and Irish settlers, followed by smaller numbers of Germans and other Europeans, and Chinese. This latter group were subject to increasing restrictions and discrimination, making it impossible for many to remain in the country. With the Federation of the Australian colonies into a single nation, one of the first acts of the new Commonwealth Government was the Immigration Restriction Act 1901, otherwise known as the White Australia policy, which was a strengthening and unification of disparate colonial policies designed to restrict non-White settlement. Because of opposition from the British government, an explicit racial policy was avoided in the legislation, with the control mechanism being a dictation test in a European language selected by the immigration officer. This was selected to be one the immigrant did not know; the last time an immigrant passed a test was in 1909. Perhaps the most celebrated case was Egon Erwin Kisch, a left-wing Austrian journalist, who could speak five languages, who was failed in a test in Scottish Gaelic, and deported as illiterate. 152ee80cbc
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