Explainer: Immigration detention and COVID-19
Everyone deserves to be safe in the face of COVID-19, but immigration detention facilities in Australia are creating unacceptable risks.
Why do we need to reduce the number of people in immigration detention?
People in detention facilities remain among the most at risk of contracting COVID-19. This is because detention facilities are densely populated and people held there have no choice but to share bedrooms, bathrooms and other facilities, making physical distancing impossible.
Without action to reduce the number of people in immigration detention, infectious disease experts and peak medical bodies have warned that it is only a matter of time until these places see outbreaks of COVID-19.
What are the consequences of COVID-19 getting into detention facilities?
The consequences of outbreaks of COVID-19 will be devastating. Because people are held so close together, medical experts advise that the virus would spread rapidly through the population in these centres. The seriousness of this risk has been compounded by delays in making vaccinations available. Many detainees are terrified at the prospect of contracting COVID-19 and the fact they are unable to protect themselves from transmission.
Many of the people held in immigration detention have underlying health conditions that put them at high risk of serious illness or death if they are infected. This includes refugees who were brought to Australia specifically for the purpose of receiving medical treatment for serious health conditions.
What are the consequences for the broader community?
A COVID-19 outbreak in immigration detention facilities poses a threat not only to the people held there, but also the broader community. Detention centres can drive the spread of the disease among the wider community due to the constant rotation of large numbers of staff.
A similar phenomenon has been seen in other densely populated, congregate settings in Australia, such as prisons, youth detention facilities, meatworks and residential aged care facilities. Detention facilities pose a real risk of prolonging and contributing to new waves of infection for the foreseeable future.
What have other countries done?
Many other countries have responded to the risk of major outbreaks by significantly reducing the number of people held in immigration detention. The United Kingdom, Canada and the United States reduced their detention population by around 39%, 66% and 69% respectively.[1] In contrast, the detention population in Australia increased between March 2020 and mid-2021.[2]
How can the Australian Government better manage the risk of COVID-19 in immigration detention?
The Australian Government is able to urgently reduce the population of its immigration detention facilities by using existing powers. This can be done by:
Granting Bridging Visas to allow people to live in the community for a specified period of time.
Making residence determinations to allow people to live in a community setting with appropriate support, rather than a detention facility (this is often known as 'community detention' and is already widely used in other situations where detention is inappropriate).
Expediting the consideration of ongoing visa applications in order to bring forward the release from detention of people who would otherwise be released in the near future.
In implementing these processes, it is essential that people are eligible for to receive social support from the Government to ensure they can survive. People who remain in detention centres must be prioritised for vaccination.
What about people held in Nauru and Papua New Guinea?
The Australian Government's responsibility for people it has detained extends to the refugees and people seeking asylum who remain in Nauru and Papua New Guinea.
Neither country has the medical facilities to respond to a widespread outbreak. Nauru has no tertiary level hospital and was ranked as one of the least prepared countries in the world at the beginning of the pandemic. Outbreaks in PNG have overwhelmed the country’s health system and resulted in many refugees contracting COVID-19. Health care and support services have been inadequate, and the vaccine roll-out has been slow.
In the face of the severe threat that COVID-19 poses in these countries, the Australian Government's duty of care to people it has detained offshore requires it to ensure their safety. This can be achieved by ensuring the availability of vaccinations, transferring people to appropriate accommodation in Australia and accepting New Zealand’s offer to resettle refugees from Papua New Guinea and Nauru.
*data shows number of cases at time of publication on 03/08/2021 here
This explainer is not legal advice
The contents of this publication do not constitute legal advice, are not intended to be a substitute for legal advice and should not be relied upon as legal advice. You should seek legal advice or other professional advice in relation to any particular matters you or your organisation may have.
[1] Australian Human Rights Commission, Management of COVID-19 risks in immigration detention – Review, 2021, 15-17.
[2] Department of Home Affairs and Australian Border Force, Immigration detention and community statistics, 31 March 2020; 31 May 2021.