A out-of-hours special Federal Court on Sunday, 19 Feb 2017, hearing has granted an injunction to prevent Serco and Border Force from seizing mobile phones from detainees in onshore immigration detention, just hours before the order was to come into effect.
Earlier …
Interim Federal Injunction To Stop Immigration Seizing Phones from Onshore Detainees Obtained Hours Before Deadline
Detainees in immigration detention were facing a blanket removal of their mobile phones from midnight on Sunday 19/2/17. An interim injunction has prevented this in the short-term.
Refugee Advocates and lawyers at the National Justice Project sought to bring an injunction preventing this at the Federal Court.
What is at stake?
Border Force announced in November that phones and SIM cards of all detainees would be confiscated from midnight tonight. Detainees are concerned that mass searches would commence tonight. Advocates like Pamela Curr assert that the confiscations of personal property are illegal.
Who is Affected?
Asylum seekers in Detention Centres in Melbourne , Sydney, Yongah Hill and Brisbane were threatened with confiscation of their mobile phones at midnight tonight, Sunday 19/2/17. This may still come to pass.
Until now people who arrived by air have had the right to mobile phones as long as they have no photo or recording facility. (People who came by boat have no right to a mobile for reasons never explained).
Border Force changes to existing policy would see all phones confiscated and anyone found in onshore detention with a phone punished.
Why does this matter? Don’t they have landlines?
Long term refugee advocate Pamela Curr says:
“Mobile phones are a lifeline. They are a preventative factor against dangerous health crises, depression and suicides.
“Under Section 256 of the Migration Act 1958 it is clearly stated …where a person is in Immigration detention…the person responsible for their detention shall…afford them reasonable facilities…for obtaining legal advice or taking legal proceedings in relation to their detention.
“People in locked detention need mobiles to be able to contact a lawyer or migration agent for timely legal advice.
“The timelines for appeals have shortened e.g. 9 days for 501 (criminal) cancellations, 7 days for International Asylum Application (IAA) appeals and only 2 days for Bridging Visa (BV) cancellations.
“It is essential that people make contact with people who can support their applications within these tight deadlines.
“Landline phones can be accessed if the person has a phone card which is purchased from the canteen with “points”: but these phones are not private and can be closed down at any time.
“People need mobiles to talk to friends and family when they are feeling lonely depressed and hopeless, ” said Ms Curr, a refugee advocate of long standing.
“The MITA population has increased significantly but the number of interview rooms for legal representatives remains at two, making it harder for lawyers to access their clients in time and leaving lawyers and migration agents to haggle for an interview space to see a client and prepare an application. Time and space are everything,” said Ms Curr.
Can this be stopped?
Today National Justice Project’s George Newhouse sought an injunction with the Federal Court to prevent phone removal on behalf of all affected detainees.
After a tense 4 hours in court (and only hours before the blanket phone ban was to come into force), an interim injunction was obtained.
It remains unclear whether this class action will be permanently upheld.
Ian Rintoul, Pamela Curr
