The commission called on the federal government to release people from closed detention to reduce the risk,and prioritise vulnerable people who were over-represented in detention. By the end of September,Home Affairs had identified 247 people who were more likely to fall seriously ill if infected with COVID-19.
The commission also wants people who were brought to Australia under the now-repealedmedevac law and those in dormitory-style accommodation to be moved into community detention,which is still restrictive.
The medevac law,repealed by the government in December 2019,allowed asylum seekers and refugees on Manus Island and Nauru to be brought to Australia for treatment on medical advice.
By early March,147 people medically evacuated to Australia remained in detention after dozens of refugees werereleased on bridging visas. Fifty-three people remained in hotel detention.
The commission hasrepeatedly warned that hotels have “significant negative consequences” for the wellbeing of detainees even before the pandemic. Last year,1180 healthcare professionals called for people to be released from the makeshift detention centres,“a very high-risk environment”.
New detainees around Australia and people with COVID-19 symptoms are quarantined for 14 days. The commission was particularly concerned that some people returning from appointments were also quarantined,even when there were no COVID-19 cases in the community.
Basim Alobeidi,a refugee from Iraq,went through two weeks of quarantine when he returned to the Park Hotel after surgery having waited 335 days after he was medically evacuated to Australia.
Refugees remain at the Park Hotel in Carlton after dozens of their friends were released on bridging visas.
“For me personally,[quarantine did] not really affect me because I’m already locked up,” said Mr Alobeidi,who now has his own room but did not at the time.
He said quarantine offered some rare alone time,and a reprieve from security guards who couldn’t search his quarantine room on a separate level of the Park Hotel.
But Mr Alobeidi said guards did not seem to change their gloves regularly enough,and he was yet to receive any information about vaccines despite being eligible.
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In an interview withThe Age andThe Sydney Morning Herald,Human Rights Commissioner Edward Santow said there was sometimes justification for quarantine particularly during an outbreak.
”Our concern is that unless there’s a strong public health reason to do that,it’s a disproportionate restriction on their human rights,” Mr Santow said.
He acknowledged the department had introduced some good measures to keep people safe,but said he was “very concerned” by the steps that had not been taken.
Home Affairs agreed to six of the commission’s 20 recommendations,and agreed in part with two,noted seven other recommendations and disagreed with five.
In its response to the commission,Border Force said its priority was the health and safety of all detainees and staff.
A spokeswoman from Border Force said releasing individuals into community detention required their case to be referred for ministerial intervention.
“In assessing cases against the guidelines,the department considers health issues and required medical treatment along with a range of other factors,” the spokeswoman said.
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