Immigration Detention at Sea: maritime migration governance in Australia and the sanctioning of indefinite detention for the purpose of removal

Abstract

Over the past four decades, maritime geographies have become prominent sites of migration governance. While there is important scholarly work on these spaces, charting changing techniques of control and containment, what continues to demand attention is the governance that works through systematically keeping people seeking asylum mobile at sea. This article focuses on Australia, examining the coerced mobilities that follow interdictions at sea and their carceral nature. I interrogate the High Court case, CPCF v Minister for Immigration and Border Protection, which addresses the extended maritime detention of 157 people seeking asylum in June 2014. Through analysing the language used in this case, such as the conclusion by the majority that “to detain” a person at sea mandates a concomitant duty “to take” that person somewhere, I highlight how coerced mobility has become central to Australia's strategy of maritime migration governance and how this has come to legitimate detention at sea without any clear time limitation. This will reveal the extent to which carcerality informs migration governance in Australia's maritime geographies.