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Michelle Peterie
Visiting
Immigration
Detention
Care and Cruelty in Australia’s
Asylum Seeker Prisons
Copyright © 2022. Bristol University Press. All rights reserved.
G l o b a l m i g r at i o n a n d s o c i a l c h a n g e
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
Created from rmit on 2023-07-13 03:23:57.
The Global Migration and Social Change series showcases original research that
looks at the nexus between migration, citizenship and social change.
Belonging in Translation
Solidarity and Migrant Activism in Japan
Reiko Shindo
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
Created from rmit on 2023-07-13 03:24:30.
Global Migration and Social
Change series
Series Editor: Nando Sigona,
University of Birmingham, UK
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
Created from rmit on 2023-07-13 03:24:30.
VISITING
IMMIGRATION
DETENTION
Care and Cruelty in Australia’s Asylum
Seeker Prisons
Michelle Peterie
Copyright © 2022. Bristol University Press. All rights reserved.
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
Created from rmit on 2023-07-13 03:24:30.
First published in Great Britain in 2022 by
The right of Michelle Peterie to be identified as author of this work has been asserted by her in
accordance with the Copyright, Designs and Patents Act 1988.
All rights reserved: no part of this publication may be reproduced, stored in a retrieval system, or
transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or
Copyright © 2022. Bristol University Press. All rights reserved.
Every reasonable effort has been made to obtain permission to reproduce copyrighted material.
If, however, anyone knows of an oversight, please contact the publisher.
The statements and opinions contained within this publication are solely those of the author and
not of the University of Bristol or Bristol University Press. The University of Bristol and Bristol
University Press disclaim responsibility for any injury to persons or property resulting from any
material published in this publication.
Bristol University Press works to counter discrimination on grounds of gender, race, disability, age
and sexuality.
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Contents
List of Abbreviations vi
Acknowledgements vii
Series Preface ix
Preface xi
Notes 141
References 144
Index 171
Copyright © 2022. Bristol University Press. All rights reserved.
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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List of Abbreviations
vi
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Acknowledgements
First and foremost, I would like to thank the many people who participated
in this study as interviewees. Were it not for their generosity and strength,
this book would not have been possible. Particular thanks to those who
entrusted me with sensitive or distressing testimonies, and to those who
welcomed me into their communities as a friend. I hope that this book
does justice to your experiences, and to those of the people you support
in detention.
It takes a village to raise a researcher, and I am profoundly grateful for
mine. This book began as a PhD project at the University of Sydney
(USYD), and was extended, reimagined and refined during Postdoctoral
Research Fellowships at the University of Queensland (UQ) and the
University of Wollongong (UOW). The fieldwork that informs this
book was funded by an Australian Research Training Program Stipend
Scholarship, a USYD Travel Grant, and a UQ Small Research Grant.
I gratefully acknowledge both this financial support and the institutional
backing it represents.
I owe a debt of gratitude to innumerable colleagues within and beyond
USYD, UQ and UOW. While it is not possible to thank everyone individually,
several people deserve specific acknowledgement. Heartfelt thanks to
Dr David Neil, without whose long-term influence and intellectual
generosity this book may never have been started, and would certainly not
Copyright © 2022. Bristol University Press. All rights reserved.
vii
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Visiting Immigration Detention
countless people who –at different times and in different ways –have lent
me their wisdom and hope.
Thank you to the team at Bristol University Press/Policy Press who saw
the potential in this book and guided me through the publication process.
Particular thanks to editor Shannon Kneis, series editor Professor Nando
Sigona, and project manager Matt Deacon. Thank you also to Ella Sellwood
and the anonymous reviewers who read the manuscript for this book prior
to its publication and provided feedback.
Finally, deepest thanks to my family, and to those dear friends who qualify
as such. I think in particular of my Mum and Dad; of Luke, Simone, Hayden
and Emily; of David; of Jack and Marg; and of my MHS, John Street and
contemplative community friends. You have nurtured my dreams, supported
my endeavours, celebrated my successes, and been my soft place to land.
I appreciate you immensely and love you beyond words.
Copyright © 2022. Bristol University Press. All rights reserved.
viii
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Series Preface
Michelle Peterie’s book is the eighth in the Global Migration and Social
Change series. Visiting Immigration Detention offers a captivating account of
Australia’s onshore immigration detention system and its negative individual
and societal impacts. The aim of our book series is to offer a platform
for original, engaged and thought-provoking scholarship in refugee and
migration studies, open to different disciplinary perspectives, theoretical
frameworks and methodological approaches. Peterie’s book fully matches our
aim by painting a vivid and worrying portrait of the working and function
of Australia’s onshore immigration detention facilities, contrasting the care
and friendship exchanged between detainees and regular visitors with the
institutional violence of the immigration regime.
The book will resonate with students, researchers and everyone keen
to understand the impact of immigration detention regimes, offering
in-depth insights into one that, since the early 2000s, has attracted extensive
international attention and produced highly polarized views – for many the
Australian approach institutionally violates the human rights of migrants and
refugees and breaches the country’s international obligations towards those
in need of international protection. For others, like the current UK Home
Secretary, it offers a template to follow for the reform of the immigration
system. The New Plan for Immigration promoted by the British government
under Boris Johnson explicitly refers to Australia as a positive example to
Copyright © 2022. Bristol University Press. All rights reserved.
follow in its attempt to deter the arrivals of asylum seekers to the UK. The
UK has been looking closely in particular to Australia’s policy of offshore
asylum processing, which has removed detainees from public view and
reduced accountability by placing detention facilities outside the jurisdiction
of its courts. However, as Peterie’s book shows, Australia also has an onshore
detention system which is also opaque. Detainees in this system, Peterie
argues, ‘are hidden in plain sight – held in prison-like centres’, many in
remote and hard-to-access locations. The book offers unique insight into
detention facilities and the harm produced by immigration detention through
the accounts of 70 detainees’ friends and loved ones as they enter detention
as private visitors. In doing so, the book makes three important contributions
to scholarship on immigration detention. First, it exposes everyday carceral
ix
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Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Visiting Immigration Detention
Nando Sigona
Oxford, March 2022
Copyright © 2022. Bristol University Press. All rights reserved.
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Preface
xi
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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newgenprepdf
Stress Disorder. Equally, while many visitors did not identify as activists or
use the language of resistance, most nonetheless conceptualized the work
of being a friend to the stranger as a political act.
The echoes of my original research focus can still be found within this
book. My research still engages with fundamental questions of power,
privilege and emotion. But this is not the book I initially planned to write.
Concerns about power discrepancies at the interpersonal level remain
present but have been eclipsed by larger questions regarding state power,
institutional affect and policy intent. Concerns about volunteers deriving
emotional gratification from their work have at once been challenged and
become secondary to questions about how and why detention regimes inflict
harm –not only on detainees, but also on their loved ones and supporters.
The allegations of apoliticism that have been so central to critiques of care-
based volunteer work have been called into question as a more complex
picture has emerged regarding the intimate relationship between personal
care and political activism.
Drawing on more than 70 in-depth interviews with regular visitors to
Australian immigration detention facilities, as well as other corroborating
sources, this book paints a unique and vivid picture of these carceral spaces.
It tells the story of Australia’s onshore immigration detention network as
witnessed and experienced by the people who enter these spaces to offer
friendship and support. Ultimately, it offers a richer understanding of how
detainee isolation and despair is produced and weaponized through the
details of institutional life; a deeper recognition of what deterrence looks
and feels like in Australia’s onshore immigration detention system; and an
expanded appreciation of the human costs –both direct and collateral –that
this system imposes.
Copyright © 2022. Bristol University Press. All rights reserved.
xii
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Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Introduction: Studying
Immigration Detention
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Visiting Immigration Detention
but rather evidence of its essentially malign function. Cruelty is the point.
Detention as deterrence
Australia’s immigration detention policy is driven by a political commitment to
asylum seeker deterrence. Deterrence, as conceptualized in this book, can take
two forms: general deterrence or specific deterrence. General deterrence refers
to efforts to discourage would-be asylum seekers from travelling to countries
where detention policies are in place. As Ephraim Poertner (2017: 18) explains,
‘the politics of [general] deterrence produces geographies of asylum that turn
“location marketing” upside down’: countries compete with one another to
become the least attractive destination for people seeking asylum.
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Introduction
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Visiting Immigration Detention
For more than a year, camp managers and security staff […] waged a
campaign to make Australia’s detention centre for refugees and asylum
seekers on Manus Island as inhospitable as possible. […] A plan drafted
in early 2016 outlines moves to coerce those recognised as refugees
into leaving the detention centre and accepting resettlement in Papua
New Guinea, while pushing asylum seekers to abandon their protection
claims and return home. (Boochani et al, 2017: np)
The same year, a United Nations (UN) Human Rights Committee report
found that harsh conditions offshore had ‘reportedly compelled some
asylum seekers to return to their country of origin, despite the risks that
they face there’ (np). While these returns may not have technically breached
Australia’s non-refoulment obligations,2 they cannot be characterized as
genuinely voluntary (Webber, 2011; Gerver, 2017; Leerkes et al, 2017;
Peterie, 2018a).
It is rare for documents to emerge that so clearly demonstrate premeditated
cruelty in the service of specific deterrence. So far, comparable evidence
has not surfaced concerning Australia’s onshore detention system. It is the
contention of this book, however, that the onshore network must also be
understood in the light of this objective of specific deterrence. Subsequent
chapters will show that even the quotidian details of life in detention reveal
a tacit intention of specific deterrence.
The study
This book provides a unique account of Australia’s onshore immigration
detention system by documenting the experiences of people who enter
these spaces as visitors. This visitor perspective is partly a pragmatic one –
studying secure institutions if far from simple, and researchers in Australia
are routinely denied access to detention spaces (Zion et al, 2010). Yet
this perspective also underwrites the book’s main contributions as visitor
Copyright © 2022. Bristol University Press. All rights reserved.
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Introduction
at least one person in detention, and regular physical interactions with the
detention machine.
Interviewees were invited to share their stories of visiting detention.
Participants told me about their original decisions to commence their visits.
They explained what visiting involved on a practical level, both physically
and emotionally, and reflected on the escalating rules and restrictions that
governed their visits. They spoke at length about the friendships they
developed within detention; about how the logic of the detention system
shaped their (new and existing) relationships; and about their efforts to both
offer and receive hospitality and care. Visitors talked about their friends’
lives in detention and described –often through tears –the human costs of
mandatory detention. They also shared their own struggles to endure the
damaging effects of the system.
Participants were asked if any memories stood out to them as highlights or
lowlights, or as otherwise representative of what visiting detention entailed.
Making room for narratives in qualitative interviews is valuable because it
gives participants greater scope –through their selection and curation of
stories –to highlight what they consider to be the most salient aspects of
their experiences. It also allows participants to reflect on why these stories
are of particular significance, and to communicate the complexity of their
lives and emotional landscapes. As Jane Elliott writes, narrative-based research
affords a unique ‘understanding of the social world from the perspective of the
individuals being studied’ (2005: 122; emphasis added).
Interviews were conducted with detention centre visitors in the Australian
states of Queensland, New South Wales, Victoria, Western Australia, the
Northern Territory and South Australia. While the majority of interviewees
visited facilities in Australia’s largest cities of Sydney, Brisbane and
Melbourne, together the interviewees had visited all of the major facilities
in the onshore system as it existed during the research period,4 as well as
numerous Alternative Places of Detention (APODs) (see Figure 1.1).5
In addition to these empirical interviews, this book draws on extensive
Copyright © 2022. Bristol University Press. All rights reserved.
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Visiting Immigration Detention
Christmas Island
(North West Point)
Immigration
Detention Centre
Brisbane
Immigration
Transit Accommodation
Yongah Hill
Immigration
Detention Centre
Maribyrnong Immigration
Detention Centre
Note: Facilities include Villawood IDC, Sydney; Brisbane Immigration Transit Accommodation
(BITA), Brisbane; Maribyrnong IDC, Melbourne; Melbourne Immigration Transit
Accommodation (MITA), Melbourne; Adelaide Immigration Transit Accommodation (AITA),
Adelaide; Perth IDC, Perth; Wickham Point IDC, Darwin; Yongah Hill IDC, Yongah Hill;
and North West Point or Christmas Island IDC, Christmas Island. The network also includes
numerous APODs.
Source: Adapted from Creative Commons, derivative work of File:Oceania98.svg by
User:Brianski
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Introduction
of political action as visitors advocate for detainees and bear public witness
to institutional violence.
Chapter Six concerns the use of involuntary movement within the
detention network. Against the backdrop of the previous chapter, it shows
that the practice of regularly relocating detainees within the detention
system attacks their networks of care and resistance. While detention
facilities are often envisaged as places of confinement, forced movement
is an important aspect of how these institutions enact power. Instability,
despair and compliance are produced not only through the bleakness of
institutional life, but also through the forced relocation of detainees between
detention facilities and away from the visitors who provide social, emotional
and instrumental support.
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Visiting Immigration Detention
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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1
Hannah’s story
It’s a windy day in Melbourne. Hannah, a dark-haired woman with a warm, open
demeanour, smiles at me across the table at the Docklands library. It is 2019 and
Hannah has been visiting people in detention for almost 17 years. For most of that
time she has visited detention at least once a week, but in recent months she has
pulled back slightly. “I’m really tired”, Hannah tells me. “I feel really traumatized.”
It was 2002 when Hannah first learnt that asylum seekers were being imprisoned
in her city. She was already involved in social justice work, and news of the detention
situation arrived via her activist networks.
‘We heard from friends in those kinds of networks that they were imprisoning
refugees in the Maribyrnong Detention Centre. We were just horrified –a
small group of us –so we contacted quite a well-known advocate […] who was
visiting, and we said, “how do we do this? We can’t believe this is happening.
Can we come in and offer some kind of support?”’
‘I feel naïve saying it now, but I think it was just about this shock of
imprisoning people, and thinking, this is outrageous and we need to let
these people know that there are people out here who think that. And that
they’re not alone. And that we would actively try to assist in whatever way,
shape or form we could. For me, it’s just about being a human being. […]
To go and visit was the first thing for us to do –to say, “oh my God. Sorry!
What do you need?” ’
In deciding to visit detention, Hannah and her friends –like many of the participants
in this study –were acting on a basic human impulse to reach out to the suffering
other. Yet in extending the hand of friendship, they were also taking a stance on what
had become one of Australia’s most polarizing political issues.
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Visiting Immigration Detention
2001 had brought so-called ‘illegal immigrants’ to the forefront of Australia’s political
debate. In the aftermath of the September 11 terrorist attacks in the US, Australian
Prime Minister John Howard had campaigned for re-election on a platform of border
protection and national security. Refugees and asylum seekers, travelling to Australia
by boat in search of safety, were portrayed by politicians and the media as criminals
and potential terrorists. For Hannah and others like her, this rhetoric obscured a more
fundamental truth. These vilified strangers were people who had come to Australia
for help and were instead being punished.
Despite the hundreds of detainees who have come in and out of Hannah’s life since
2002, she still recalls her first visit to Maribyrnong IDC.
‘I went with a friend who also still visits today –17 years later –and we’re
friends with the two men that we met on that first day. One of our friends is
married to one and we still see those two men. They were strong men. They
were activists from their countries. One was a journalist and one was a human
rights activist in his country as well, and they were doing work inside the
centre –lots of casework for the more vulnerable people in there.’
The stereotypes and political tropes that are so often applied to refugees and asylum
seekers, Hannah stresses, are far from accurate. Refugees and asylum seekers are not
‘illegals’ or criminals, but neither are they helpless victims or “some kind of innocent
perfect people”. They are fellow human beings. And the conditions Australia has
subjected them to have been nothing short of torturous.
***
people seeking asylum, is now the norm in the US, the UK and most of
Europe (The Migration Observatory, 2020). Between 2009 and 2019, the
number of people in held detention in the UK fluctuated between 24,000
and 32,000 per year (The Migration Observatory, 2020). France alone has
22 Administrative Detention Centres which in 2017 held 46,800 people,
including 2,797 minors (Global Detention Project, 2018). In 2016 the
US detained 44,270 asylum seekers as part of a larger cohort of 300,000
immigration detainees (Global Detention Project, 2016).
Despite this ubiquity, Australia’s detention policies are harsh by
international standards. Australia is the only country in the world with a
policy of indefinite mandatory detention, meaning all non-citizens in the
country without a valid visa are automatically detained for an indefinite
10
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Immigration Detention In Australia
duration –until they are removed from the country or granted a visa (AHRC,
2017a). Australia’s policies have regularly been condemned by international
human rights organizations. Notable critics of Australia’s regime include
the UN High Commissioner for Refugees (Al Hussein, 2014), the UN
Committee against Torture (2014), the UN Human Rights Council (2016)
and the International Criminal Court (Stayner, 2020).
Nonetheless, Australia has maintained its commitment to indefinite
mandatory detention for over three decades. Successive governments
have been willing to accept considerable reputational damage –as well as
staggering financial costs –to maintain the controversial policy. Between
2008 and 2020, the Australian government spent an estimated 20 billion
dollars on immigration detention (Essex, 2020), paying over $573,000 per
person per year to detain asylum seekers offshore and $346,000 per person
per year to detain asylum seekers in the onshore system (Asylum Seeker
Resource Centre et al, 2019).
For the most part, the Australian public has supported this course,
rewarding governments that take a hardline approach to the issue of ‘the
boats’. As political leaders on both sides of politics have engaged in a race
to the bottom to repel asylum seekers, however, a growing number of
Australians have been troubled by the cruelty being enacted in their name.
This chapter provides a backdrop to this book by offering a detailed
description of Australia’s response to people seeking asylum. It begins
with a historical outline of Australia’s detention policies, documenting
their development over time. It then provides an overview of Operation
Sovereign Borders –the specific policy that was in place when fieldwork
for this study was undertaken. Ultimately, this chapter maps the escalation
and securitization of Australia’s detention regime, explaining why visitors
like Hannah felt such a strong moral compulsion to do something to support
people in detention.
11
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Visiting Immigration Detention
“[w]e are duty bound to assess [asylum claims] and if [refugee status] can be
demonstrated, provide assistance”. Holding these commitments alongside
its desire to retain control at the border, the Fraser government devised
a new asylum seeker policy with support from neighbouring countries.
The government asked regional transit countries to prevent asylum seeker
boats from embarking for Australia. At the same time, it sent teams of
immigration officials to interview those on route to Australia and accepted
qualifying refugees directly into the country. Between 1977 and 1982,
Australia accepted more than 54,000 Indochinese refugees from countries
in the region, thus minimizing the need for displaced individuals to make
dangerous boat voyages to Australia. It also resettled more than 2,000 asylum
seekers who reached Australia directly by boat (Stevens, 2012).
12
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Immigration Detention In Australia
Australia –was created, and many of the detainees were transferred there
(Phillips and Spinks, 2013). Access to legal representation and community
support at this new facility was limited, and asylum seekers were kept out
of sight, out of mind (Manne, 2013; McMaster, 2002a, 2002b). As Don
McMaster (2002b: 285) notes, physical isolation meant that asylum seekers
could be ‘denied adequate social rights and made vulnerable to intimidation’.
In 1992, in response to challenges in the courts (McMaster, 2002a), the
Keating government acted to provide a retrospective legal basis for its growing
detention regime. The legislation –which required asylum seekers arriving
in Australia without a visa to be detained for up to 273 days (Human Rights
and Equal Opportunity Commission, 2004) –was envisaged as a short-
term response to this specific cohort of asylum seekers, but also spoke to
13
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Visiting Immigration Detention
In 1994, the government extended the policy, removing the 273-day limit
from the Migration Act and instead providing that unauthorized arrivals
could only be released from detention if they were granted a visa or
removed from the country. Australia thus became the only country in the
world with an official policy of indefinite mandatory detention (Phillips
and Spinks, 2013).
In the years that followed, Australia’s onshore immigration detention
system continued to expand with new facilities established in difficult-
to-access parts of Australia, including on Christmas Island1 and at remote
mainland sites like Baxter, Curtin and Woomera. Conditions at these facilities
were far from hospitable. A 2002 Lancet article noted that families at the
Woomera facility lived in small rooms or dormitories up to 500m from toilet
facilities. Many had no air-conditioning or running water, and temperatures
reached up to 50 degrees C during the day. There were minimal recreational
or educational facilities and children had few cool spaces in which to play
(Loff et al, 2002). The Woomera centre was originally intended to hold
400 people, but soon became severely overcrowded. Just eight weeks after
the centre’s opening, 936 detainees were held within it; by April 2000, this
Copyright © 2022. Bristol University Press. All rights reserved.
14
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Immigration Detention In Australia
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Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Visiting Immigration Detention
and the tiny island state of Nauru (whose once bountiful supplies
of phosphate had long since been diminished by Australian mining
companies and used to enhance the New Zealand and Australian
agricultural economies) became sites to ‘outsource’ and ‘offshore’
humanitarian responsibilities.
16
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Immigration Detention In Australia
(Phillips, 2017).2
17
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Visiting Immigration Detention
Put simply, most of the centres feel like prisons. High wire fences, lack
of open green space, walled-in courtyards, ageing buildings, pervasive
security features, cramped conditions and lack of privacy combine to
create an oppressive atmosphere.
18
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Immigration Detention In Australia
The biblical injunction to care for the stranger in our midst is clear.
The parable of the Good Samaritan is but one of the many which deal
with the matter of how we should respond to the vulnerable stranger
in our midst.
Rudd was trying to reverse the polarity of political rhetoric and bring the
asylum seeker back into Australia’s circle of care.
This notion of vulnerability was key to Labor’s rhetoric and posed a direct
challenge to Howard’s discourse of danger and threat. It also, however,
stripped asylum seekers of their agency. Maritime arrivals were not portrayed
as complete individuals, capable of the full breadth of human emotions
and desires. Neither were they recognized as autonomous people who had
made difficult decisions to protect themselves and their families in a regional
context where safe pathways to resettlement had been cut off or restricted
(Essex, 2020). Rather, asylum seekers were transformed into passive victims
in need of rescue, and Australia was positioned as their would-be saviour.
This construction located Australia’s response to people seeking asylum
within the domain of generosity, not human rights. It also afforded Australia
a position of power and control in relation to people seeking asylum, just as
the Howard government’s more punitive discourse had (Peterie, 2017; see
also Silverstein, 2020). In this way, Rudd’s discourse of compassion lay the
foundation for his party’s later reinstatement of offshore processing –this
time in the name of tough love.
Where only 161 asylum seekers had arrived in Australia by boat in 2008,
this number had risen to 17,204 by 2012 (Phillips, 2017). Australia’s stretched
onshore detention network had grown from seven facilities to twelve. Under
fierce attack from the opposition, the government experimented with a range
of ultimately unsuccessful policy solutions (including a 2011 refugee-swap
deal with Malaysia which did not survive a High Court challenge) in a bid
to curb the flow of boats and appease community concern. In 2012, with
an election looming, the Labor government reinstated offshore processing
Copyright © 2022. Bristol University Press. All rights reserved.
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Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Visiting Immigration Detention
was beaten to death (Essex, 2020). Two centre employees were subsequently
convicted for Berati’s murder, although the judge in the case intimated that
other culprits may have escaped without charge (Tlozek, 2016).
A 2015 inquiry added to this picture of violence and abuse. It substantiated
several specific allegations of rape at Australia’s Nauru processing centre
and found that instances of sexual abuse at the facility were underreported
(Moss, 2015). The following year, a leaked cache of more than 2,000
incident reports revealed the true extent of the problem. These ‘Nauru
Files’ highlighted widespread self-harm and trauma at the Nauru facility, as
well as endemic levels of sexual assault, particularly against young asylum
seeker women. Perhaps most alarmingly, over half of the reported incidents
involved children. There were seven reports of sexual assaults on children,
20
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Immigration Detention In Australia
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Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Visiting Immigration Detention
the onshore detention population had fallen to 1,287 people, of whom only
25.9 per cent were asylum seekers (Department of Home Affairs, 2018a).4
These changes were largely a consequence of new maritime asylum seekers
(insofar as boats were still arriving in Australia) being sent offshore to PNG
or Nauru for processing. It also, however, reflected government efforts to
release children and their families from secure detention facilities in the
face of mounting public concern regarding the physical and psychological
suffering experienced by children at these centres.
Given this reduced demand, numerous onshore detention centres
were closed during this period. When Operation Sovereign Borders
commenced, twelve immigration detention facilities were in operation in
Australia: Christmas Island IDC, Curtin IDC, Maribyrnong IDC, Northern
IDC, Perth IDC, Scherger IDC, Villawood IDC, Wickham Point IDC,
Yongah Hill IDC, AITA, BITA and MITA. This fell to between six and nine
facilities during the years that this study was undertaken: Christmas Island
IDC, Perth IDC, Villawood IDC, Wickham Point IDC, Yongah Hill IDC,
Maribyrnong IDC, AITA, BITA and MITA. Wickham Point IDC ceased
operation in 2016, while Maribyrnong IDC, which had been recognized
as one of the most violent in Australia (Hashman et al, 2016), was officially
closed at the end of 2018. Christmas Island IDC, the most isolated facility
in the onshore network, was closed in October 2018 but reopened the
following year, purportedly to discourage offshore detainees who viewed
the onshore system as comparatively comfortable from seeking unnecessary
medical transfers to Australia (Ryan, 2020). Various APODs were also
used throughout this period, including Kangaroo Point Central Hotel and
Apartments in Brisbane and the Mantra Bell City Hotel in Melbourne.
While the number of asylum seekers detained onshore fell dramatically
under Operation Sovereign Borders, new detainees were still entering the
network during this time. Many of these individuals entered detention after
having spent months or years living in the Australian community. They
were detained following adverse legal decisions surrounding their refugee
Copyright © 2022. Bristol University Press. All rights reserved.
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Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Immigration Detention In Australia
Medical evacuations
In addition to housing people like Nades and Priya, Australia’s onshore
detention facilities were used to accommodate offshore detainees who
had been brought to Australia for medical treatment, as well as any family
members who accompanied them. As noted above, the process of gaining
medical transfer to Australia was deeply flawed, and many detainees were
irrevocably harmed because of their inability to access adequate and timely
health care. Treating doctors in PNG and Nauru regularly requested their
patients’ medical transfer to Australia, but transfer decisions were made by
bureaucrats within the Immigration Department who had no obligation
to heed medical advice. Nonetheless, between November 2012 and June
2018, some 126 detainees from PNG and 376 detainees from Nauru were
transferred to Australia for medical care, in some cases as a direct result of
legal challenges (Refugee Council of Australia (RCOA), 2019).
At this time, medical transferees were typically accommodated in
immigration detention facilities or treated at nearby hospitals which had
been designated as APODs. Numerous community visitors to facilities
like BITA visited sick detainees at their local hospitals or supported
transferees’ accompanying family members at the detention centres
themselves. In theory, these medical evacuees would be returned offshore
at the conclusion of their treatment, and in some cases this did occur. In
2015, for instance, 245 people were transferred to Australia and 176 were
returned offshore; by 2016, however, rates of returns were decreasing
(Department of Home Affairs, 2020). In one harrowing incident
in 2016, a 21-year-old Somali woman self-immolated after she was
returned to Nauru following medical treatment in Brisbane (Doherty
and Davidson, 2016). In another case earlier the same year, doctors at
a Brisbane hospital refused to discharge a 12-month-old asylum seeker
baby amidst fears she would be returned to Nauru upon her release. “As
is the case with every child who presents at the hospital, this patient will
Copyright © 2022. Bristol University Press. All rights reserved.
23
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Visiting Immigration Detention
Soon after her election, the Home Affairs Legislation Amendment (Miscellaneous
Measures) Act 2019 or ‘medevac’ bill was passed into law with Phelps’ support.
The law fundamentally altered the medical transfer process for refugees
and asylum seekers in PNG and Nauru, ensuring that medical advice was
prioritized over political considerations in all decisions. As the Senate Legal
and Constitutional Affairs Legislation Committee (2019: 5) reported at the
time, the law required that before a detainee and any accompanying family
members could be transferred to Australia, two treating doctors had to advise
the Immigration Department that:
Once the treating doctors had made this recommendation, the minister
had 72 hours to approve or refuse this recommendation. Refusals could
only be made if the minister reasonably believed a transfer was not
medically necessary, in which case the decision would be referred to a
panel of medical experts for independent judgement; or because of a
security threat posed by the specific individual in question. 192 people
were transferred to Australia under the law’s provisions, before the
government –having made a secret deal with an independent senator –
repealed the law in December 2019.
Medevac’s repeal was fiercely opposed by Australia’s medical bodies,
who lodged submissions in support of the legislation, as well as by
Australian and international human rights organizations (Essex, 2020;
Neil and Peterie, Forthcoming). It was devastating news for the refugees
and asylum seekers still held offshore. For the 192 people who had
made it to the mainland under medevac, however, Australia would
now –at least for the time being –be home. As the Secretary of the
Copyright © 2022. Bristol University Press. All rights reserved.
There are currently over 320 matters before the courts which have
been commenced by transitory persons in Australia —those here
for medical and associated purposes —involving just under 1,000
individuals. Approximately 500 of these persons are now considered
to have an effective barrier to their return, and it’s anticipated that
any attempts to return the remainder would result in the initiation of
legal proceedings. What has commenced as medical transfer actions
under various sections of the act has, over time, been transformed into
legal blocking actions to keep these persons in Australia, irrespective
24
Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Immigration Detention In Australia
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Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Visiting Immigration Detention
‘[T]he only way that change of this type will happen is if the
government realizes –or believes, ultimately –that they’ll lose votes.
And so it has to come from the people. The pressure has to come from
the people.’ (Robyn, Brisbane)
difficult situation for them without any support networks. And even
if all I could do was to offer social support it’s probably worthwhile to
have the detainees realize the government policy does not reflect the
way normal Australians see them.’ (Roberta, Perth)
Some visitors had particular skill sets that they wished to offer in the service
of this aim. Several interviewees came from social work or psychology
backgrounds and wanted to use this expertise to provide emotional support.
Other participants had worked with refugees or other disadvantaged groups
in careers as doctors, teachers or aid workers and imagined their professional
skills might be useful in detention. But in many cases, visitors had only a
26
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Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Immigration Detention In Australia
vague sense of how they might help. The main thing, at least initially, was
simply being there and offering what they had.
Conclusion
For decades now, Australian governments on both sides of politics have
worked to deter and expel maritime asylum seekers. Australia has externalized
its borders, preventing asylum seekers from reaching the country by
intercepting their vessels in international waters or processing their refugee
claims offshore. At the same time, Australia has maintained a system of
prison-like detention facilities onshore. The detention system today is
markedly different to that which was in place under Fraser, or even under
the Keating government. The general trajectory has been one of escalation,
driven by political calculation. Detention policies have become militant and
detention centres have been securitized. The financial, reputational and
human costs have ballooned.
In spite or perhaps because of these strategies of exclusion and harm, a
broad asylum seeker support movement has emerged in Australia. Members
differ in their philosophies, backgrounds, faiths and affiliations and thus
reflect the diversity of Australian society. Within this movement, hundreds of
community members do the day-to-day work of visiting people detained in
the onshore system. Some visitors come from refugee backgrounds or have
pre-existing relationships with the people they visit. Many do not. What
visitors have in common in a desire to stand against Australia’s policies by
supporting people in detention through personal relationships and associated
acts of solidarity. Visitors’ experiences in detention –as witnesses, friends
and human collateral of this system –are the focus of this book.
Copyright © 2022. Bristol University Press. All rights reserved.
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Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
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2
Elizabeth’s story
It’s an autumn morning in 2016, and I have come to the inner west of Sydney to meet
refugee advocate Elizabeth. Elizabeth is in her late seventies and is something of an
institution in Sydney’s asylum seeker support movement. She visits Villawood IDC
regularly and is the co-founder of an organization that raises money to support asylum
seekers living in the community. In recent years, Elizabeth has been in and out of hospital,
and she uses a walking stick to get around. Her mind, however, is as sharp as ever.
Elizabeth first became involved in asylum seeker advocacy work in the early 2000s.
As an enthusiastic traveller and lifelong learner, she understood the factors that pushed
asylum seekers to flee their homelands. Like many of my interviewees, she was deeply
uncomfortable with the government’s policies. “I understand why there are refugees”,
Elizabeth explains. “I thought, ‘what can I do? I must be able to do something.’”
Elizabeth had been reluctant to visit detention at first. She instead focused on
writing to detainees at Australia’s remote Curtin and Port Hedland detention facilities,
and made the spare bedroom of her apartment available to people leaving detention.
Elizabeth had recently retired from a long career in corrective services and was unsure
Copyright © 2022. Bristol University Press. All rights reserved.
whether she wanted to visit another correctional setting. During her career, Elizabeth
sat on various committees and prison taskforces, as well as the parole board. She also
visited carceral institutions regularly.
‘I was in and out of the gaols a fair bit for work, but I was also looking after
the half-way houses and accommodation for when they came out and giving
support to various organizations to provide support for the prisoners when they
came out. So I had a very varied job in corrective services.’
When Elizabeth finally decided to go to Villawood IDC, her fears were confirmed.
“I thought, ‘shit! This is like another bleeding gaol’”, she recalls. But once there,
there was no turning back.
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Theorizing Detention Centres As Prisons
In the years since that first visit, Elizabeth’s view of detention has not changed.
In addition to her regular Villawood IDC visits, she has been to Maribyrnong
IDC in Melbourne, and has supported innumerable people upon their release from
facilities around Australia. Her view of immigration detention facilities is that they
are essentially prisons. “Nothing is easy”, she explains. “It’s a gaol. Villawood is a
gaol. The other place is a gaol. They are all gaols”.
***
Immigration prisons
In 2014, at a Human Rights Commission hearing into the detention
of children in Australia, Commission President Professor Gillian Triggs
likened detention centres to prisons. Immigration Minister Scott Morrison,
who would later serve as Australia’s Prime Minister, took umbrage with
the comparison. “[A]re you suggesting the Long Bay jail is the same as
the pool-fenced Alternative Place of Detention at Phosphate Hill on
Christmas Island?” he asked. Professor Triggs defended her statement. “I’ve
been a practising lawyer since I was 22-years-old and I’ve been to many
prisons”, she said. “I know a prison when I see it. These are prisons.” (in
Yaxley, 2015).
Morrison is one of a plethora of Australian politicians who have pushed
back against comparisons of this kind. The Australian government has been
at pains to insist that detention centres are not prisons and that detainees
are not being punished (Hurst, 2014). Such assertions are not surprising.
To punish asylum seekers for seeking safety, after all, would be a violation
of international law (McAdam and Chong, 2014). People in immigration
detention are held without charge or trial, purportedly for administrative
purposes only.
Irrespective of these official denials, however, the similarities between
detention centres and prisons are stark. Professor Triggs is one of innumerable
international experts –including carceral scholars from across the world (for
Copyright © 2022. Bristol University Press. All rights reserved.
example, Moran et al, 2013; Moran, 2013; Longazel et al, 2016; Pugliese,
2008; Bull et al, 2012) –to argue that detention centres are best understood
of prisons. People with direct experience of incarceration in these facilities
also embrace this language (Tofighian, 2020).
The most obvious similarity between detention centres and prisons
concerns the security measures they employ. Detention facilities in Australia’s
onshore network were once ‘open’, allowing detainees some freedom of
movement (see Chapter One), but are now highly secure. Detainees are held
in locked facilities that they cannot leave of their own volition and are subject
to constant surveillance by centre guards. In many cases, the design aspects
of these centres ‘are indistinguishable from, as they have been modelled on,
Supermax high security prisons’ (Pugliese, 2008: 208).
29
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Visiting Immigration Detention
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Peterie, M 2022, Visiting Immigration Detention : Care and Cruelty in Australia's Asylum Seeker Prisons, Bristol University Press,
Bristol. Available from: ProQuest Ebook Central. [13 July 2023].
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Theorizing Detention Centres As Prisons
standards, almost 20 per cent of prisoners in this system are held in private
prisons. This is the largest proportion of prisoners in privately operated
prisons in the world (Byrne et al, 2019; Sands et al, 2019).
The privatization of immigration detention in Australia means that this
system is beholden to the same economic imperatives that inform private
prisons. It again allows profit to be derived from the racialized, marginalized,
criminalized and ultimately commodified bodies of people of colour. All of
Australia’s immigration detention centres are managed by private contractors.
The onshore network is run by Serco –a company with extensive experience
in prison management (Bull et al, 2012). Across the globe, immigration
detention and deportation, like incarceration more broadly (Schlosser,
1998), has become a profitable industry (Asylum Seeker Resource Centre
et al, 2019).
These similarities support the claim that immigration detention centres
are effectively prisons, but it is important to extend this analysis further.
Detention centres look like prisons and are run by prison contractors as
part of a broader system of colonial exploitation. But they also operate like
prisons in the fine details of institutional life. This equivalence of practice
and outcome is the focus of this chapter, and the theoretical foundation on
which this book is built.
31
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Visiting Immigration Detention
As Crewe (2011: 512) observes, this work remains highly relevant today.
The main point here –developed and refined through decades of research
in civilian prisons and other total institutions –is that prisons are intended
systems of deprivation and mortification that attack inmates at the deepest
levels of the self (Goffman 1961; Cohen and Taylor 1972). Prisons use a
32
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