Captured Childhood

Page 33

seriously, and designing responses that may convince

is discussed in chapter 6. But it is noteworthy that

political leaders and policy makers, that alternatives to

detention for identity assessment ought not to be an

detaining child refugees, asylum seekers and irregular

assumed requirement. As the IDC has documented

migrants will gain currency.

elsewhere, ‘[m]any countries house asylum seekers in open accommodation centres while undertaking

POLICY

identity confirmation.’ 62

The detention of irregular migrants, including children, seeks to achieve a number of policy ends.

Similarly, health and security assessments can be

These policy objectives range across the migration

complicated and resource intensive activities for states

experience – from deterring irregular migrants before

to undertake. However, it is possible to conduct

they arrive, to ensuring identity, health and security

these assessments without recourse to detaining

checks can be completed on arrival, and to prevent

children. Some states have developed robust screening

absconding and facilitate the removal of non-citizens

mechanisms, including vulnerability, need and risk

who have no right to remain within a state.

assessments, to ensure accurate decision making while keeping children out of detention. These are discussed

Children are also detained on the premise that it is

in greater detail in chapter six.

not in their best interests to separate them from their detained parents. The primary focus should however be on the child’s dual rights to not be detained and

Absconding and return Immigration detention is further justified by states

their right to have their parents and family reside with

as a means of ensuring that non-citizens do not

them in the community. Importantly, this requires

abscond and that they are available for removal if they

that states focus on the needs and rights of children

are found to have no right to remain within the state.

(and not just their adult caregivers), and not treat

It is reasonable for states to expect that non-citizens

the children as mere appendages of their parents or

who enter their territories without prior approval will

families.

not ‘disappear’ into the community. Likewise, it is reasonable for states to expect those who have no

Identity, Health and Security assessment

entitlement to remain, do leave the territory, while

Immigration detention is justified by states as a

ensuring that all protection, humanitarian and best

necessary means to check the identity of irregular

interest considerations are weighed up.

migrants and to ensure they do not pose a health or security threat to their citizens. These are important functions of states. It is not always easy for states to verify the identity

While the data is limited, there is evidence that refugees, asylum seekers and irregular migrants who are in supported alternatives to detention processes

of refugees, asylum seekers and irregular migrants.

are very unlikely to abscond. 63 The common factors

There are a number of general reasons for this:

contributing to higher compliance rates of asylum

because individuals may have come from situations

seekers and other migrants outside of detention

of protracted conflict where identity documentation

include:

was unavailable, or from situations where, because of

• treating asylum seekers and other migrants with

the need to leave in undue haste, it was not possible

dignity, humanity and respect throughout the entire

to obtain identity papers, or because smugglers

status determination procedure;

ordered them to destroy their documentation. In the

• the provision of clear, concise information

case of minors, or people claiming to be minors, there

regarding asylum seekers’ and other migrants’ rights

is an added complication for states in determining

and duties under alternatives to detention and the

their identity, namely assessing whether or not they

consequences of non-compliance;

are the age that they purport to be. Age assessment

• referral to legal advice at an early stage and

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