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Australia

Refugee Council alarmed by new bill to expand search and seizure powers in immigration detention

The Refugee Council of Australia (RCOA) is deeply alarmed by a new Bill introduced to Federal Parliament which aims to impose further restrictions on people held in Australia’s already tightly controlled immigration detention network.

The Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2024 is the latest in a wave of rushed legislation introduced by the Albanese Government before Parliament rises for the year.

Under the new Bill, communication items that can be seized include mobile phones, SIM cards, computers and other electronic devices.

A similar phone ban bill was introduced back in 2020 by the then Coalition Government but the legislation was opposed by the Labor Opposition and crossbench Parliamentarians.

“Mobile phones are a lifeline for people in detention. They are essential in connecting people with family, friends and lawyers. It is a means of keeping up with the news, reading novels, playing games, writing and listening to music. These all help with overcoming isolation in harsh detention conditions,” RCOA Chief Executive Officer Paul Power said.

Crucially, the banning of phones can deny access to justice, connection with the outside world and silence legitimate scrutiny of the treatment of people in immigration detention.

Alternative arrangements to mobile phones, such as access to desktop computers and landline phones, lack privacy, adequate internet connection and are often poorly maintained.

“There is no need for this Bill, as the existing powers, laws and policies can and do deal with the issues that the Government seeks to address via the Bill.

“Like other Bills and policies introduced in relation to immigration detention in recent years, this Bill does not address the real systemic problems with Australia’s immigration detention system: namely, the lack of time limits on detention and limited oversight of decisions to detain.”

If passed, this Bill grants further broad and unchecked powers to the Minister and detention officers. It comes as the Government seeks to rush through two other amendments to the Migration Act, one introduced to Parliament earlier this month.