Mandatory Detention in Australia - History of Mandatory Detention

History of Mandatory Detention

Mandatory detention of asylum seekers in Australia was established by the Keating Government in 1992. Controls on unauthorised arrivals were tightened under the subsequent Howard Government, including under the Pacific Solution policy, contributing to a sharp decline in boat arrivals and, consequently, to numbers of people being detained. The Pacific Solution was dismantled by the Rudd Government and partially restored under the Gillard Government in response to increased boat arrivals and reported deaths at sea.

Mandatory detention was introduced to "support the integrity of Australia's immigration program" and "management of Australian borders" and to distinguish between those who have submitted themselves to offshore entry processes prior to arrival and those who have not. Under the policy, asylum seekers are mandatorily detained while they "undergo an assessment process, including security and health checking, to establish if they have a legitimate reason for staying in Australia".