HOTEL DEtention
Section 189 of Australia's Migration Act 1958 requires people arriving in Australia who are not citizens and do not hold a valid visa to be detained. The Home Affairs Department detains people in onshore or offshore closed immigration detention or alternative places of detention (APOD), including in hotels. In early April 2022, refugees held in hotel detention were released on Bridging Visas. This Explainer sets out the reasons refugees were kept in hotels and why they have been released.
Why are Asylum Seekers and Refugees in detained in Hotels?
Since the Gillard Government reintroduced offshore processing in 2013, all asylum seekers arriving by boat in Australia could be transferred to Papua New Guinea or Nauru for processing.
On 1 March 2019, the Australian government passed the Medevac Bill, which assisted those detained in Papua New Guinea and Nauru to be transferred to Australia for medical treatment. However, the law was repealed by the Morrison Government eight months later. While the Medevac legislation was active, a number of asylum seekers were transferred to Australia for medical treatment and many still remain in hotel detention around Australia.
What are the circumstances around the release of people from Hotel Detention?
In January 2022, tennis champion Novak Djokovic was detained after his visa was revoked following questions of his compliance with the government’s COVID-19 vaccination requirements. Djokovic was detained in Melbourne’s Park Hotel, alongside 32 asylum seekers who had been brought to Australia under Medevac legislation in 2019. Djokovic’s family criticized the standards of the Park Hotel, complaining of bugs in his room and terrible food, while the Serbian government demanded better accommodation for the tennis star. Djokovic’s detention brought the case of the Park Hotel and its detainees to a global audience.
Since the beginning of April 2022, over 20 refugees had been released from Melbourne’s Park Hotel, the Melbourne Immigration Transit Accommodation, Brisbane Immigration Transit Accommodation, Sydney’s Villawood detention centre and from centres in Perth and Adelaide. The refugees have been given Bridging Visas, except for one who has moved to community detention. After these releases, nine remain detained in Australia and 1,384 people are subject to Australia’s offshore processing regime.
Despite the release of many from hotel detention, up to 40 families, mostly from Afghanistan, have been living in hotel rooms in Perth for up to six weeks amidst a lack of available rental properties.
The release of refugees from hotel detention comes one month after Australia and New Zealand committed to a resettlement deal. Under this arrangement, New Zealand will resettle 450 refugees over the next three years.
While the government has not advertised the reason for the sudden release of refugees, there has been speculation that this is due to the upcoming federal election in May 2022.
What are people saying about Hotel Detention?
During the years of detention in Park Hotel, refugees and advocates claimed that conditions in the hotel were "disgusting", including maggots and mouldy food, medical neglect, mistreatment and lack of hygiene, shaded and sealed windows, dirty carpets, bugs, odours and rubbish. The government has stated that those detained are given appropriate food, activities, internet access and clean accommodation with ‘primary consideration given to the safety and security of all individuals, staff, and the public’.
Refugees who have been released are said to be ‘ecstatic’ and feel as though a weight has been lifted, while those who remain are anxious, puzzled and distraught. Refugee advocates have welcomed the release of refugees, however, note that the releases have been at a painfully slow pace and caused great harm to those detained. Advocates also question the secretive decision to release refugees with little notice.
Next → AUSTRALIA’ S RESPONSE TO REFUGEES FROM AFGHANISTAN
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Last updated 2 May 2022