COVID-19 IMPACTS ON IMMIGRATION DETENTION: GLOBAL RESPONSES DETENTION AT ALL COSTS: COVID-19 AND IMMIGRATION DETENTION IN AUSTRALIA The Australian Government has held firm to a position of mandatory immigration detention for many years despite regular attempts by civil society and the public to soften this hardline approach. Unfortunately, COVID-19 has now also failed to alter the Government’s resolve to utilise indefinite detention despite clear and obvious risks to the health of detainees throughout the pandemic. This paper provides a summary of State and civil society activity in response to COVID-19 with specific reference to immigration detention in Australia. It does not have scope to explore offshore detention arrangements as these policies have remained unchanged and include jurisdiction of other governments. STATE RESPONSES Australia was quick to close borders following the World Health Organisation (WHO) declaration of an international pandemic in March 2020, and nationwide community lockdowns shortly followed for non-essential workers. The humanitarian program for refugee resettlement was suspended in mid-March due to cancellation of flights and closed borders and has remained suspended since. The reduction in international travel also saw a significant decrease in new arrivals and therefore minimal numbers of new cases of immigration detention. This was further assisted by a decision to offer extension of visas for those already in Australia and unable to leave. As at 31 March 2020, there were 1,373 people in Australian immigration detention facilities including 512 asylum seekers, otherwise known as ‘Illegal Maritime Arrivals’ 1. As at 31 May 2020 the total in detention had raised to 1,458 people and the number of asylum seekers had reduced to 505 people2. The balance of the Australian immigration detainees is primarily made up of visa cancellations due to breaches and visa overstays. Whilst more recent statistics are unavailable, it is apparent that detention practices remain unchanged despite the pandemic, with numbers in detention increasing rather than decreasing through the initial crisis. Despite this increase there does appear to be a continued practice of granting bridging visas3 for those who are eligible, yet these numbers have been very low. Visitors to the detention facilities were suspended in late March 2020 meaning that detention monitors and personal visitors could no longer attend detention facilities. In exchange, all detainees were given a $20 phone credit per week to remain in contact with the outside world and alternate arrangements were under negotiation for detention monitoring to continue in a modified form through CCTV and detainee complaints. 1 2 3 4 5 6 7 8 9 10 In early August 2020, the Australian Government confirmed that it would redistribute detainees across the detention network in order to minimise overcrowding and the risk of transmission. This included utilising the controversial option of Christmas Island detention facilities4 for non-refugee detainees and deporting some New Zealand detainees to free up space to relocate people from more crowded facilities in the Eastern States. Refugee detainees and others with higher vulnerabilities have generally been kept in separate facilities to those who have been detained for criminal breaches of visa conditions. No COVID-19 cases have been detected in Australian immigration detention at the time of writing. On 12 August 2020, the Communicable Diseases Network Australia (CDNA) released guidelines for the prevention, control and public health management of COVID-19 outbreaks in correctional and detention facilities in Australia5. This guideline highlights the high risk of rapid transmission in detention facilities due to the close proximity of detainees and therefore emphasises strategies to prevent the illness getting into detention facilities in the first place. This reflects what seems to be the primary approach of the Australian Government to protecting detainees from COVID-19 infection. Detainees who do display symptoms are subject to isolation. Prior to and during the pandemic, the Australian Government has shown resolve in ensuring that its strict policies on migration are maintained despite legal and other challenges. This has included a narrative of protecting Australians first and upholding the immigration laws including detention. This approach has remained unchanged during COVID-19 and is evidenced by one case where the Federal Court ordered the Australian Government to remove a 68- year-old detainee from an immigration facility in Melbourne due to a substantial risk of COVID-19 infection. Rather than utilising an option of community release, the man was relocated to a less risky facility in Western Australia6. CIVIL SOCIETY RESPONSES Australian civil society has been active in raising concerns about the high risk of infection within detention and promoting the release of detainees7. This included several calls for the Australian Government to utilise existing alternatives such as community detention and bridging visas for those undergoing refugee status determination8. Concerns were also raised around overcrowding and risks to the broader community9. https://www.homeaffairs.gov.au/research-and-stats/files/immigration-detention-statistics-31-march-2020.pdf https://www.homeaffairs.gov.au/research-and-stats/files/immigration-detention-statistics-31-may-2020.pdf https://www.sbs.com.au/news/two-year-old-girl-and-mother-released-after-years-in-australian-immigration-detention https://www.theguardian.com/australia-news/2020/aug/04/australian-government-to-reopen-christmas-island-detention-centre-during-covid-19-crisis https://www.health.gov.au/resources/publications/cdna-guidelines-for-the-prevention-control-and-public-health-management-of-covid-19-outbreaks-incorrectional-and-detention-facilities-in-australia https://www.sbs.com.au/news/melbourne-immigration-detainee-to-be-forcibly-flown-to-wa-after-losing-coronavirus-court-battle https://www.hrw.org/news/2020/04/02/coronavirus-poses-added-risks-australias-immigration-detainees https://www.kaldorcentre.unsw.edu.au/publication/detention-increases-covid-19-health-risk https://humanrights.gov.au/about/news/media-releases/commission-concerned-detainees-during-covid International Detention Coalition and Western Sydney University