Australia's detention of refugees 'cruel, inhuman', UN says

It is inhumane to lock people up without a trial. Let them out.

The legal situation regarding detention in Australia is on solid ground. People are detained under the Immigration Act until their status can be evaluated and that can take any length of time especially when there are problems with lack of identification papers and even working out the ages of people. The Department of Immigration and Citizenship uses some pretty sophisticated technology to age people but even then they can get it wrong (I supp;ose they don't check teeth).

Habeas Corpus doesn't apply as they aren't being held on suspicion of criminal matters and there is no trial to be had for them.

Where it becomes problematic is where the Immigration Act is being amended to reduce or completely remove a right of appeal on decisions made by the Commonwealth Government. That, I think, will fail the test of natural justice. We'll know soon enough because the High Court looks like it's going to hear a case.

The actual conditions in the mainland centres are pretty good, can't speak for those on Manus or Nauru. I've seen them first hand in the Northern Territory and they're appropriate.

Under the Howard government detainees were treated as quasi-criminals, under Labor it has been a lot better (treatment I mean) but they're still hard line when it comes to the law. Under the forthcoming Abbott Tory government it will likely return to the Howard regime of treatment which will be very sad and will see a lot more conflict in the centres.