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Human Rights: Arbitrary Detention

Year 12 Legal Studies

Resources in Accessit

Here are some books that you may find useful during your studies.  Search the Bennies catalogue Accessit for more, or browse the Non-fiction collection NFS.

Australian Government- Attorney General

The right to personal liberty requires that persons not be subject to arrest and detention except as provided for by law, and provided that neither the arrest nor the detention is arbitrary. The right applies to all forms of detention where people are deprived of their liberty.

Refugee Council of Australia

Mandatory detention applies to many groups, including people who overstay their visas or breach their visa conditions. However, the policy disporportionately affects asylum seekers who arrive in Australia by boat without authorisation.


This programme looks at the recent turmoil for Australian asylum seekers.

Will re-opening detention centres work? Australian current affairs forum program, presented by Jenny Brocki

You Tube

In 2016, leaked documents revealed the awful truth about how Australia detains its migrants. So what happens in these detention centers?

Psychologists have long argued that overcrowding and prolonged processing mean mental health problems are rife within Australia's immigration detention centres.

Australian Human Rights Commission

Since 1992 Australia has had a system of mandatory detention. Any non-citizen who is in Australia without a valid visa must be detained according to the Migration Act 1958 (Cth) (Migration Act). These people may only be released from immigration detention if they are granted a visa, or removed from Australia.

Parliament of Australia

Australia's human rights obligations and duty of care responsibilities.

Issues in Society