House of Representatives Committees

| Joint Standing Committee on Migration

Note: This page contains links to PDF files. For more information, see the web page on Accessing files.

Immigration detention in Australia: A new beginning - Criteria for release from detention

1 December 2008

View the report as a single document - (PDF 2059KB)

View the report as separate downloadable parts:


Preliminary Pages	(PDF 128KB)
Foreword Membership of the Committee Committee secretariat Terms of reference List of abbreviations List of recommendations

Chapter 1 Introduction	(PDF 127KB)
Referral of the inquiry The immigration detention context Immigration detention policy framework Scope and structure of this report

Chapter 2 Criteria for release – health, identity and security checks - Detention for the purposes of security checks	(PDF 255KB)
Current framework for release from detention Health, identity and security checks for unauthorised arrivals Detention for the purposes of health checks Assessing public health risks Committee comment Detention for the purposes of identity checks Defining identity Assessing identity risks Committee comment Time frames for security assessments Assessments of security risk Committee comment

Chapter 3 Criteria for release – unacceptable risk and repeated non-compliance	(PDF 151KB)
Unacceptable risk to the community Risk assessment of section 501 detainees Committee comment Repeated visa non-compliance Committee comment Short-term detention prior to removal Application of release criteria to excised places

Chapter 4 Review mechanisms for ongoing detention	(PDF 276KB)
Framework for the review of ongoing detention Three month review by the Department of Immigration and Citizenship Committee comment Six month review by the Commonwealth Ombudsman Committee comment Giving effect to the reforms Calls for legislative change Committee comment Options for merits and judicial review for ongoing detention Committee comment Length of time in detention Committee comment

Chapter 5 Removals and detention charges	(PDF 225KB)
Removal of unlawful non-citizens from Australia Removal practice by the Department of Immigration and Citizenship Accounts of enforced removal Preferred removal options Committee comment Detention charges Debt waiver and write-off Accumulation and management of detention debt Criticisms of detention charges The impact of detention debt on ex-detainees Committee comment

Dissenting report	(PDF 100KB)

Appendix A: List of submissions to the inquiry	(PDF 53KB)

Appendix B: List of public hearings and inspections	(PDF 76KB)

Appendix C: Overview of immigration detention population	(PDF 111KB)

Appendix D: Time line for immigration detention policy 1989–2008	(PDF 78KB)

Appendix E: Types of immigration detention	(PDF 76KB)

Appendix F: Bridging visas	(PDF 73KB)

Appendix G: Notice of detention debt and invoice	(PDF 140KB)