Senator Andrew Bartlett
Thursday, May 05, 2005
 
Some Updates on Migration Detention
1 One more refugee free: - I wrote a few months ago about Ardeshir Gholipour. In amongst all the concerns about the unnecessary suffering caused by our migration regime, it is important to acknowledge the good news when it happens, and I heard final confirmation today that Ardeshir has formally received a Temporary Protection Visa! After 5 years locked away (with the Minister saying there are no refugees in detention), he is now recognised as a refugee and is enjoying his freedom in Melbourne. He still has challenges ahead (not least that his temporary visa means his future is not secure), but at least he has freedom.

2 Court finds Govt breached its duty of care - A court judgement today made a strong indictment of our migration detention system. Sadly, this judgement is not surprising, but it is none the less a damning finding and an absolute disgrace. Two long-term and severely ill detainees had to go to Court to force the Department to provide proper health care, an action which the Dept fought in Court! The fact that mentally ill people have to take Court action to get proper health care is a clear enough sign in itself of how warped the system has become. It is actually not the first time Court action of this sort has been taken, but all the other times the Department decided to transfer the people to a Psychiatric Hospital before a judgement was required. With a judgement as scathing as this, it’s no wonder they tried to avoid these cases coming to a conclusion. In short, the Department has been found to breach its duty of care to two men over a prolonged period of time. Ample evidence was also provided to show that long-term detention itself was the major cause of the mental illness. There are also interesting insights into the outsourcing that has occurred with health care in detention centres, with one company, GSL, being contracted to run the centres and then contracting out the aspects of health services to another company, which then employed sub-contractors to provide different aspects of that care. You can read the whole judgement here, but if you’re pressed for time, the last few paragraphs are sufficient.

To quote para 258: "Given the known prevalence of mental illness amongst the over 100 long-term detainees at Baxter, and the likely needs of S and M in particular at least since their participation in December 2004 roof top protest and hunger strike, the level of psychiatric service made available to S and M was, and remained, clearly inadequate. Where there was an obvious need to take steps to provide timely psychiatric service after the protest, none were taken. The Commonwealth ought to have appreciated that to rely upon the two monthly visits of (the psychiatrist) resulted in inadequate service provision in the circumstances. The Commonwealth neglected to take steps to inform itself of this inadequacy. Its conduct contributed to the progressive deterioration of the applicants over several months.
& from para 261: "I have found, particularly in the case of S, continuing failures both to take appropriate steps to arrange psychiatric assessments after medical referrals and to implement adequately treatment plans that had been prescribed."

3 100 wrongful detentions and rising – last night on ABC TV’s Lateline it was suggested that the number of people who have been wrongfully detained or deported under the Migration Act may be more than 100. Ironically, next week there is a Bill before the Senate that seeks to bring the law regarding the detention of illegal fishermen in line with the law regarding immigration detention. I’m all for the principle of uniformity in laws, but aligning with a system at a time when that system is being shown to be grossly deficient doesn’t strike me as a very good idea.

posted by Andrew Bartlett @ Thursday, May 05, 2005 Permalink
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