Amnesty International Australia says the case of Cornelia Rau, a mentally ill woman detained in immigration detention for 10 months, reinforces the need for automatic and periodic judicial review of those in immigration detention.

"The rights of innocent people are at risk when the government can detain people without judicial review," said Dr Graham Thom, Amnesty International Australia's Refugee Coordinator. "What we have seen in Ms Rau's case is an unfortunate but possible consequence of Australia's detention policies."

"Detention should be a last resort. For those who are detained, there must be sufficient safeguards put in place to ensure that their rights and dignity are protected. The detention of Ms Rau highlights that those safeguards are not in place," said Dr Thom.

Amnesty International Australia considers that the current Australian policy of automatic mandatory detention for people considered to be so-called 'unlawful non citizens' is a direct breach of Australia's international human rights obligations.

"Currently the Department of Immigration can detain anyone they consider to be a so called unlawful non-citizen forever," said Dr Thom. "Australian courts do not have the opportunity to determine the need or appropriateness of that detention. The denial of such a fundamental human right means that a person in Australia can be detained without end."

Amnesty International Australia calls on the Minister to reconsider the appropriateness of placing those Baxter detainees who are mentally ill or are experiencing psychological distress in isolation in the centre's Management Support Unit. Such procedures must be in strict accordance with the Immigration Detention Standards, which the Australian Government and its service provider Global Solutions Limited, are obliged to meet.

A necessary safeguard would be to ensure that any decision to place a detainee in the Management Support Unit only be made by a panel which comprises an independent observer and following independent psychiatric assessment. Sufficient independent review and appeal mechanisms should also be made immediately available for the detainee and their counsel to challenge that isolation. At present there is no formal opportunity to defend or refute the allegation which gave rise to that person being placed in isolation.

Amnesty International Australia supports calls for a public inquiry into the detention of Cornelia Rau and would hope that any inquiry examine the broader operations of the Management Support Unit. The organisation also calls for the Immigration Detention Advisory Group (IDAG), which reports to the Minister on detention issues, to be able to make independent public statements on its findings in all instances.

Dr Graham Thom is available for comment. Please call 0411 140 077.