That's a very good question. Given the argument that I'm presenting, I come at this from an international perspective. I'm not a lawyer, so to look at the legal provisions of detention I defer to others who are more informed on that.
Look at examples of other countries that have introduced mandatory detention of arrivals by boat, specifically by boat, first as a way of trying to maintain public confidence in the asylum system, and second as a way of trying to maintain their level of commitment in the world. The most prominent case that comes to mind is the case of Australia in 2001, which introduced what became known as the Pacific solution.
I was doing research in Kenya at the time when the Pacific solution was introduced, and Australia was one of a number of donor countries in Kenya at the time that were trying to encourage the Government of Kenya to reduce the limitations on freedom of movement for Somali refugees who had been in the Daadab camps at that time for 10 years. They have now been in those camps for 20 years. The response that came back, that we heard informally, is the argument that Australia is able to maintain public confidence in their asylum system, but Kenya is not allowed to maintain closed camps to uphold their asylum system. It comes across as a question of double standards.