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There are ongoing concerns that asylum seekers who have been tortured and who suffer trauma‐related mental disorders are being refused protection by countries in which they seek asylum. The study described here assessed a consecutive sample of recently arrived asylum seekers attending immigration agents in Sydney, Australia, using a series of structured measures. Participants were followed up to assess the outcomes of their refugee applications. The 73 participants, who had resided in Australia for an average of 4.3 months, reported high rates of torture (51%), and that group was at highest risk of suffering a combination of post‐traumatic stress disorder (PTSD) and major depression, a response pattern associated with substantial levels of psychosocial disability. Neither past torture nor current psychiatric disorder influenced the outcomes of refugee applications. The study raises further concerns that tortured asylum seekers and others with trauma‐related mental disorder may be at risk of repatriation to their countries of origin.

This paper studies the experiences of asylum seekers in Australia. The purpose of this paper is to explore the relationship between mental wellbeing, living conditions, and Australia’s detention policies in light of human rights.

Using grounded theory, data were collected via observations, semi-structured interviews, key-informant interviews, and document analysis. Participants included seven asylum seekers and three professionals working with them.

In light of a human rights framework, this paper reports on the mental distress suffered by asylum seekers in detention, the environments of constraint in which they live, and aspects of detention centre policy that contribute to these environments. The findings highlight a discrepancy between asylum seekers’ experiences under immigration detention policy and Australia’s human rights obligations.

This research indicates human rights violations for asylum seekers in detention in Australia. This research project involved a small number of participants and recommends systemic review of the policy and practices that affect asylum seekers’ mental health including larger numbers of participants. Consideration is made of alternatives to detention as well as improving detention centre conditions. The World Health Organization’s Quality Rights Tool Kit might provide the basis for a framework to review Australia’s immigration detention system with particular focus on the poor mental wellbeing of asylum seekers in detention.

This study links international human rights law and Australian immigration detention policies and practices with daily life experiences of suffering mental distress within environments of constraint and isolation. It identifies asylum seekers as a vulnerable population with respect to human rights and mental wellbeing. Of particular value is the inclusion of asylum seekers themselves in interviews.