The Joint Standing Committee on Migration’s recommendations do not go far enough to comply with Australia’s international treaty obligations.

Amnesty International welcomes the release of the committee’s report “Immigration detention in Australia: A New Beginning”, and sees it as an important step in reforming the country’s mandatory detention regime.

However, the report recommends a maximum time limit of 12 months detention for all detainees, except those considered to be a significant and ongoing risk to the community.

“This means detainees won’t have the right to legally challenge their detention for 12 months, which breaches Australia’s international obligations,” said Dr Graham Thom, Amnesty International Australia’s Refugee Coordinator.

“Currently Australian law does not provide asylum seekers with protection from arbitrary detention, as is required under international law and conventions.”

The 18 recommendations in the report do include a number of important reforms, such as creating greater transparency in assessing health and character; ensuring recent reforms are enshrined in legislation; and introducing maximum time limits and judicial review.

While such reforms are significant, three dissenting committee members argued that 12 months without the ability to challenge the reasons for detention before an independent court remains a “grossly excessive period”.

“A year in detention can have serious consequences for a detainee’s mental health and that has to be addressed,” said Graham Thom. “People who are detained under our immigration laws should be immediately entitled to appeal to a court to determine if their detention is justified.”

The report is the first of three reports on immigration detention .The remaining two reports are expected out next year.