Intercepting and returning asylum-seeking women and girls arriving by sea
- The Government's policy is to intercept any vessel seeking to reach Australia irregularly and to safely return those on board to their point of departure or country of origin, consistent with all applicable domestic and international laws.
- If people are unable to be safely returned, they will be transferred to Nauru. The Government of Nauru is responsible for assessing protection claims.
- Australia is committed to upholding its non-refoulement obligations under the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol (together referred to as the Refugee Convention) and other international human rights treaties to which it is a party.
- Consistently with international legal obligations, Australia does not return individuals to countries where they face persecution or a real risk of torture, cruel, inhuman or degrading treatment or punishment, arbitrary deprivation of life or the death penalty.
- Australia is one of only a few resettlement countries with a dedicated refugee visa program to assist women and their dependent(s) at risk. Woman at Risk visa subclass provides a pathway for the resettlement of women refugees and their dependents in vulnerable situations.
Regional processing arrangements
- There has been one child in Nauru under regional processing arrangements since February 2019. This child and his parents were accommodated together, and have since voluntarily returned home.
- The Government of Nauru is responsible for the conduct and operation of regional processing arrangements within its territory. Australia supports Nauru to ensure dedicated health and welfare services for women and girls are in place for new arrivals taken to Nauru for regional processing.
- Protection claims assessment for all individuals, including women and girls, under regional processing arrangements is a matter for the regional processing country under their domestic legislation.
- Protection visa applications are assessed against criteria set out in the Migration Act 1958 (Cth) (Migration Act)and the Migration Regulations 1994 (Cth). All protection claims are assessed individually on their own merits and the particular circumstances of the applicant are taken into consideration.
- The Government acknowledges women may experience persecution, harm and discrimination because of their gender. Visa decision makers are supported, to effectively and sensitively assess claims related to gender. Visa decision makers undertake Domestic Violence Interview training.
Mandatory detention
- Immigration detention supports Australia's well-managed migration system and is used to manage potential risks to the Australian community, including national security, health and character risks. Under the Migration Act, a person who does not hold a valid visa is an unlawful non-citizen and must be detained.
- Immigration detention is used as a last resort. Whenever possible, people who are unlawful non-citizens facing detention are accommodated in the community or less restrictive placements, particularly where children are involved.
- People who are unlawful non-citizens and who are detained, are subject to placement in immigration detention facilities. Decisions about the most appropriate immigration detention accommodation are determined on a case-by-case basis and involve consideration of a number of factors including the operational capacity of each facility, and the safety and security of people who are unlawful non-citizens, staff and visitors.
- As of 30 April 2024, there are 50 women held in immigration detention, representing less than 6% of the total detention population. More than 40% of these women had their visa cancelled under section 501 of the Migration Act. There are no women who arrived in Australia by sea and became unlawful non-citizens upon entry held in immigration detention.
Access to health and education
- The Government has contracted 2 service providers to deliver services to people in immigration detention. Facilities and Detainee Services Provider delivers security, garrison, welfare and facilities management services, while Detention Health Services Provider provides health and wellbeing services to detainees.
- Healthcare services for people in immigration detention are comparable with those under Australia's public health system. Detention health services are provided within an integrated primary care framework, delivered by a multidisciplinary team. Detention Health Services Provider provides regular health information to all people in immigration detention including women's health topics, lifecycle information, contraception, sexual and reproductive health, breast and ovarian cancer.
- Detention Health Services Provider provides access to sexual and reproductive health services, including antenatal screening and obstetrics, termination of pregnancy if requested, emergency contraception and assistance to victims and survivors of female genital mutilation and family violence.
- Culturally-appropriate interpreters and support services are provided in immigration detention and all care is taken to ensure interpreters and support services are responsive to gender, culture and religion. Steps are taken to ensure confidentiality and provide reassurance of confidentiality to detainees.
- All refugee and asylum seeker children have access to primary and secondary education consistent with the education provided to citizens in states and territories where they are located.
Status resolution support services
- Home Affairs administers the Status Resolution Support Services (SRSS) Program. SRSS provides needs-based, targeted support to eligible individuals whilst they are resolving their immigration status. Support will depend on individual circumstances and is targeted toward eligible individuals facing significant barriers to support themselves or engage in status resolution actions. Refugee and asylum seeking women and girls may be eligible for SRSS if they meet criteria for support (hold a bridging visa in association with a protection visa claim and can demonstrate hardship). Assistance may include income support, case management, access to health care, accommodation and development of a case plan to improve independence and support integration.
- SRSS providers must ensure personnel undertake Child Safeguarding Framework training, and family and domestic violence awareness training.
Gender-based violence in immigration facilities
- Women in immigration facilities are able to lodge a complaint or provide feedback on any aspect of their immigration detention without hindrance or fear of reprisal. Complaints can be made to Home Affairs, Australian Border Force, service providers, and/or oversight bodies.
- Laws, policies, rules and practices govern how people are treated in immigration detention facilities in Australia. The length and conditions of immigration detention are subject to regular internal and external review. The Commonwealth Ombudsman, AHRC and Australian Red Cross conduct ongoing inspections of immigration facilities.