Long-term detention of asylum seekers not only violates their human rights, it is damaging to their health. Many experience depression, mental anguish, trauma and psychological damage in detention, according to leading Australian health professionals.

Australian Government policy is that all people who enter Australia without correct documentation are immediately detained.

Under current Australian law, asylum seekers, including children arriving without parents or family, can be arbitrarily detained for an indefinite period while their claims for refugee status are being assessed. They are often not charged with anything and have no idea when their detention will end. The longest detention to date has been seven years and resulted in the detainee suffering mental illness.

The effects of ongoing, arbitrary detention

Detention has been shown to have an enormous effect on the physical and psychological wellbeing of asylum seekers. Many are survivors of torture and persecution, have fled human rights abuses and have left family and loved ones at home or have seen them killed. They are extremely distressed by their experiences, are planning to rebuild their future and, on arrival in Australia, are hoping for compassionate and humane treatment. Instead they are detained.

Ongoing detention with no end in sight leads to mounting stress and tension, which often results in depressive illness and thoughts of despair and helplessness. Some detainees show strong aggressive-impulsive and self-harming behaviours, reflected in suicide attempts, acts of mass violence, group break-outs, rioting, burning of facilities and hunger strikes.

Prior to all children being released from mainland immigration detention centres in 2005, there was evidence of psychological disturbance among children in detention, including mutism, withdrawing from contact with others, bed wetting and refusal to eat and drink, as well as acts of self-harm and suicide attempts.

Community-based asylum seekers, those who apply for refugee status after arriving in Australia on a valid visa, are also at risk. If they fail to apply for a protection visa within 45 days of arrival they lose many rights, including access to a Medicare card. This means they could be without government assistance for physical as well as mental health problems for as much as five years while their application for refugee status is evaluated.

Children's mental health

In June 2005 the Australian Government released all children and at least one parent (but generally both parents) from immigration detention facilities. This is a welcome move but does not prevent children from being detained in the future, nor does it address the impact of previous detention on children now settled in Australia.

"Indefinite detention is bad for a child's physical and mental wellbeing. We see severe and chronic post-traumatic stress disorder among asylum seekers during and after detention."

Dr Choong-Siew Yong, Vice President of the Australian Medical Association, 2006

The plight of children in detention is illustrated by the case of Shayan Badraie, who was five years old when first detained in 2000. He was in the Woomera and Villawood detention centres until 2002.

While in detention, Shayan saw attempted suicides, self-harm and abuse. He was later diagnosed with post-traumatic stress disorder and was described as being in a catatonic state of distress. Shayans plight came to public attention when a media report showed video footage of his time in detention.

An inquiry by the Human Rights and Equal Opportunity Commission in 2002 found the Australian Government had breached Shayan's rights under the International Convention of the Rights of the Child and recommended financial compensation and an apology from the Immigration Minister of the time, Philip Ruddock. Neither was given.

The Badraie family, who are now refugees living permanently in Australia, took the matter to court and in 2006 accepted an out-of-court compensation payment of $400,000.

"A psychiatric assessment of children and families in detention found that all of 10 children assessed aged between six and 17 fulfilled criteria for posttraumatic stress disorder and major depression with suicidal ideation. Eight of 10 pre-school children assessed displayed developmental or emotional disturbance. Seventy per cent of the pre-schoolers assessed had spent at least half their life in detention." The First Report of the Peoples Inquiry into Detention, 2006

Temporary Protection Visas (TPVS) and mental health

TPVs give asylum seekers refugee status, but only for three years, after which they have to again prove it would be unsafe for them to return to their home country (see our fact sheet on TPVs).

Most TPV holders have experienced major trauma before arrival in Australia and have then been detained, sometimes for long periods. Their temporary refugee status means they live with ongoing fear of being returned to the country they have fled.

As a result the level of post-traumatic stress disorder, anxiety, depression and psychological illness is far higher among TPV holders than among refugees who have been through the same sort of trauma but have been granted permanent protection in Australia.

"The Australian Psychological Society urges the Federal Government to bring about the end of TPVs following new research that shows an unacceptably high rate of mental health problems among refugees and asylum seekers holding TPVs."

Australian Psychological Society, 2006

"The proportion of TPV holders experiencing living difficulties since release from detention exceeded that of permanent protection visa holders... Over 90 per cent of TPV holders experienced anxiety about possible repatriation."

Australian Medical Association, 2006

"These are refugees who have proven their cases. It is a public health tragedy that their mental health should deteriorate so significantly in a relatively short period of time as a result of this policy. Our findings illustrate that it is just not possible for refugees to rebuild their lives on TPVs and the cost will ultimately be paid by the broader community as we are forced to repair the damage caused to these peoples lives."

Dr Zachary Steel, Centre for Population Mental Health Research, University of New South Wales