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Mandatory Closed Immigration Detention Analysis

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There are currently 800 children being held in mandatory closed immigration detention, as Australia is the only country in the world which detains asylum-seeking children as a first option (Triggs, 2014). Australia’s system of mandatory immigration detention was introduced to the Migration Act 1958 (Cth) in 1992, and requires all non-citizen children who arrive without a valid visa to be detained (Triggs, 2014). Although the introduction of these requirements into the Migration Act were enforced to ensure the effective control and management of Australia’s borders (Phillips & Spinks, 2013), the mandatory and prolonged immigration detention of children is in clear violation of Article 3(1), Article 24(1) and Article 37(b) of the Convention

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