These people remain in detention, refused permission to stay in Australia, unable to be returned to their home country. They are never charged and no court reviews the length of their detention. They have become forgotten detainees.

Since 1 September 1992 all people arriving in Australia without proper travel documents are immediately detained. They remain in detention from a few hours to up to a few years until they are either granted a visa or deported. This includes all people seeking protection as refugees. By contrast, people who enter Australia on a valid visa and who then claim protection as a refugee are not usually detained.

Detention of asylum seekers without proper travel documents is automatic. There are no charges laid, and no appearance before a magistrate or court to decide if detention is absolutely necessary or appropriate. Except for rare situations, Australian law prohibits the release of detained asylum seekers while their refugee claim is being assessed.

Amnesty International does not oppose all detention for people arriving in Australia without valid documentation. There are instances where initial detention may be necessary, for example to establish a person's identity or perform health and security checks. However, international human rights law requires that governments do not detain people automatically or beyond what is a reasonable length of time. In Amnesty International's view, delays in a refugee determination process, whether caused by appeals or other factors, are not sufficient justifications to continue an asylum seeker's detention.

Detention of all asylum seekers without charge or judicial review amounts to arbitrary detention. It this aspect of detention - ongoing and prolonged with no notification of release - that amounts to a serious violation of the rights to liberty and freedom from arbitrary detention.

Any person arriving in Australia, regardless of their modes of transport or lack of documentation has a right to seek protection from persecution or torture. Amnesty International urges the Australia government not to discriminate against people seeking refuge and protection from torture because they arrive in Australia without valid documentation. The 1951 Convention on the Rights of Refugees (Refugee Convention), a human rights treaty that Australia has ratified and thus agreed to adhere to, clearly outlines that a refugee seeking protection from persecution shall not be penalised for entering a country without valid documentation. This applies to Australia. Currently, Australia is punishing those who deserve our compassion.

Amnesty International has grave concerns about the effects of arbitrary, ongoing detention on detainees, particularly on children. Many people kept behind razor wire fences of detention centres have survived torture and ill-treatment, escaping from situations of violence and abuse. Many have lost loved ones and have been forced to leave their homes suddenly. Having survived traumatic experiences, the effects of being isolated in sometimes remote, harsh environments further accentuate their mental despair and anguish.

Up to 80 per cent of detainees are granted refugee status and provided with visas to remain in Australia. This very high rate heightens concerns that those kept in detention have experienced grave human rights violations and are not economic migrants whose illegal entry into Australia the policy aims to prevent.

Asylum Seekers Unable to be Returned Home
Amnesty International also has grave concerns for the so-called 'failed asylum seekers' and their children. Currently populations of those in detention are remaining incarcerated indefinitely because Australia does not have diplomatic contact with their country of origin and thus cannot send them back. This includes Iraq, Palestine and Afghanistan, countries from which many refugees are fleeing persecution and human rights abuses. In other situations countries refuses to accept returning 'failed asylum seekers' as is often the case with Iran and many of its ethnic minorities such as Sabaen Mandaens and Kurds.

Thus these people remain in detention, refused permission to stay in Australia, unable to be returned to their home country. They are never charged and no court reviews the length of their detention. They have become forgotten detainees.