The Australian Human Rights Commission has raised “serious concerns” for the welfare of detainees in Western Australia’s most notorious immigration detention centre.
The commission conducted inspections, interviews, and consultations in 2023 to monitor the human rights of people detained at the Yongah Hill Immigration Detention Centre in Northam.
The report makes 33 recommendations to better protect the human rights of people detained at Yongah Hill, as well as its staff, and the rights of all people in immigration detention.
The Department of Home Affairs has outright rejected seven of these, saying a further six required “government consideration”. Twenty recommendations were accepted either fully, or in part, with the proviso Home Affairs argued most of these concerns had already been addressed.
Rejected recommendations go primarily to accessibility of health and education services, which a spokesperson for the department said detainees do not have rights to, and already have access to respectively.
“Unlawful non-citizens are not entitled to the privileges granted by any visa, including study rights,” they said.
“The provision of access to study and training of that nature would directly compromise the integrity of Australia’s visa system.
“The department’s existing health governance framework supports the provision … all detainees, including at YHIDC have access to health (including mental health) services broadly comparable to those available in the Australian community.”
This marks the second time this month Home Affairs has rejected human rights concerns about people in indefinite detention.
Officials from the department and Operation Sovereign Borders were grilled in a Senate hearing about why their read on the government’s Migration Amendment (Removal and Other Measures) Bill differed from every other published submission on the bill.
While the Human Rights Commission has reported on their concerns in a relatively sober manner, refugee advocacy groups have described ministerial power to detain someone indefinitely as “Trumpian”, “ineffective” and “inhumane”.
Legal groups including the Law Council of Australia have expressed concerns the bill violates the rule of law.
In their report on Yongah Hill Immigration Detention Centre, the Human Rights Commission wrote that many of their recommendations reflect long-standing concerns of the community about the centre, and immigration detention as a whole.
“The report raises serious concerns over the safety conditions and the level of care for detainees and staff at the Yongah Hill Immigration Detention Centre,” they said.
“In January 2023, the average period of detention reached 806 days, which is the highest level ever recorded. By December 30, 2023, the average period had reduced to 625. However, the rate is far higher than in comparable jurisdictions such as Canada and the United Kingdom.
“The commission welcomes both trends, but continues to have ongoing concerns about the health, safety, and overall wellbeing of those who remain in detention.”
“Many of the commission’s recommendations are longstanding and are echoed by other oversight bodies, including the Commonwealth Ombudsman. The commission hopes the department will take action to implement them.”
Yongah Hill Immigration Detention Centre has been a focal point for dysfunction in the detention regime. The facility currently houses almost 200 male detainees. Most of these are people who are awaiting deportation following their visa cancellation or arrival by sea.
Riots and an attempted suicide at the centre prompted rumours the centre was going to be closed in 2018.
In 2021, a 20-metre escape tunnel out of the centre was found, allegedly dug by a Polish refugee trying to Shawshank Redemption his way out.
Protests at the centre started again late last year, when a High Court decision released 148 detainees in indefinite detention.
In early 2024, the AFP arrested detainees from New Zealand and Sierra Leone for allegedly assaulting security contractors at the centre.
READ MORE:
