4.3.6 Stateless people face a disproportionate
risk of being detained for lengthy periods
“In detention, we were not treated like humans.”
— Amir
The disproportionate risk stateless people experience of being
detained was consistently identified by research participants,
an issue discussed throughout this Report. As demonstrated in
Chapter 3, statistics show that stateless people also spend longer
periods of time in immigration detention than non-stateless people
(3.2.5). The length of detention is exacerbated by a lack of visa
pathways for stateless people in Australia, and the fact that there
is no country they can be sent back to. As noted by one Australian
legal practitioner interviewed for this Report, ‘the consequences for
stateless persons (of being detained)... are heightened because they
cannot be returned.’
“I left Iran because of this discrimination and intimidation. Around
2012, I flew to Indonesia and travelled by boat to Christmas
Island. I was jailed for two years by the Australian government.
This didn’t make sense to me because Australia has a reputation
for supporting human rights. I don’t know what they achieved
by keeping a blind person in detention for two years other than
wasting over a million dollars.”
— Amir
Despite fundamental legal requirements that immigration
detention in Australia be administrative in nature and ‘non-punitive’,
qualitative data consistently indicated otherwise. More than one
stateless person interviewed for this research who had experienced
immigration detention likened it to imprisonment.
“I felt like we were in a prison, and we were, basically. But I just
couldn’t understand why we were in a prison. People kept saying,
“Detention is a prison for people who did bad things.” As a 10-yearold, I was confused. I would ask, “But what did we do?”
— Asma
Other stateless people spoke of the way protracted periods of
detention and the restrictions and conditions imposed on them
made them feel less than human.
“All these rules they put on us in community detention make me feel
like I’m not human. Like I don’t feel like I’m supposed to be human
looking at those rules.”
— Nur*
50 Peter McMullin Centre on Statelessness | Understanding Statelessness in Australia
The lack of mandated timeframes for detention was identified as
a particular risk factor for stateless people, with stateless people
waiting for months without any news about their case.
“In Darwin in detention, sitting there thinking, nearly crazy, you
know. Every day, no news. I ask the Immigration Department about
my family, how are they? They say no news. Minister say no news,
no news. Waiting, waiting, so long. So long waiting.”
— Hassan*
Concerns about the conditions, length and impact of immigration
detention on stateless people in Australia was also consistently
identified by professionals working with stateless communities,
particularly legal practitioners.
“(It’s) shockingly bad. There’s no way to put any spin on it, other
than it is a very slow death sentence. So, for refugee clients,
sometimes it’s a terrible choice but they have a choice between
going back to their country of origin and dying, or dying in
detention here. Stateless people can’t even exercise that limited
amount of power.”
— Alison Battison, Australian Legal Practitioner
The dangerous and detrimental health impacts—including
mental health—of immigration detention are well documented.102
Several service providers also shared anecdotal evidence about
the detrimental impact caused by immigration detention on the
health of stateless people.
“If you’re detained long-term, your physical health as well
obviously deteriorates, and our clients get divided between going
obese and then going very, very skinny. But also, interestingly, and
this is completely anecdotal, a lot of our clients are starting to get
what I would term very rare illnesses. So, Addison’s disease, we’ve
had two clients with Addison’s disease, which is an endocrine illness
that is incredibly rare and is very difficult to diagnose, and yet 2%
let’s say of the people of ours that have been released have had it.
Now, that’s a really large number. So, I think the stress illnesses and
hopelessness illnesses are really building up.”
— Alison Battison, Australian Legal Practitioner
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