"Detention is generally an extremely blunt instrument to counter irregular migration. There is no empirical evidence that the threat of being detained deters irregular migration or discourages people from seeking asylum," said Erika Feller, UNHCR's Assistant High Commissioner for Protection. "Threats to life or freedom in someone's country of origin are likely to be a greater push factor for a refugee than any disincentive created by detention policies in countries of destination."

Immigration detention – as opposed to criminal or security detention – refers to the detention of refugees, asylum-seekers, migrants and stateless people, upon entering a territory or pending their return. Typical examples include prisons or purpose-built closed reception or holding centres.

The Universal Declaration of Human Rights states that everyone has the right to liberty and to protection from arbitrary detention. Article 31 of the UN Refugee Convention specifies that states should not impose penalties or unnecessary restrictions on movements of refugees entering their territory without authorization.

"It is not a crime to seek asylum. Detention must therefore be a last resort, and its necessity and proportionality must be assessed on an individual basis," said Alice Edwards, a senior legal coordinator for UNHCR. "The failure of many governments to provide for or systematize alternatives to detention can put their detention policies and practices into direct conflict with international law."

In addition to the human rights and legal implications, detention also incurs health, social and financial costs. Incarceration, especially when prolonged, can cause severe psychological and physical health problems, and even lead to self-harm or suicide.

It can also make it harder for asylum-seekers who are eventually accepted to adapt to their new country, and increase resistance towards voluntary return among those who cannot stay. Some governments have been forced to pay out millions of dollars in compensation for their unlawful detention practices.

Asylum Seeker Resource Centre - 207/211 Nicholson Street, Footscray VIC 3011, Australia +61 3 9689 5075 ‎(no website)

http://www.redcross.org.au/ourservices_aroundtheworld_tracingrefugeeservices_default.htm

http://www.mercy.org.au/mercyworks/default.cfm?loadref=218

http://asp.hothammission.org.au/

http://www.brigidineasp.org.au/