Refugee Detention: Moreland Council seeks to shut down Best Western Fawkner

A suburban hotel which Greens and Socialist party members say is being used as an immigration detention centre in Melbourne’s northwest could be shutdown.

The Best Western Fawkner Suites and Serviced Apartments have been used by the Department of Home Affairs for immigration detention since 2019 (Source: Google Maps)

A suburban hotel operating as a ‘secret’ immigration detention centre in Melbourne’s northwest may soon be forced to shut down.

Moreland Greens councillor James Conlan sought to use the planning scheme to shut down the detention centre the Department of Home Affairs has been operating out of the Best Western Fawkner Suites and Serviced Apartments.

Cr Conlan sought to designate Best Western Fawkner as in breach of the planning scheme for operating as a detention centre since November 2018.

However, Cr Conlan said he was convinced by council officers to take a more cautious approach and not compel the council to take immediate enforcement action.

Instead, he proposed the council seek legal advice on how enforcement might be carried out.

Despite compromising with council officers, Cr Conlan noted he believed a breach was already clear.

“Under the planning scheme, when there is no definition for a specific land use, which includes a detention centre, it’s automatically required to get a planning permit.” he said.

“It’s a serious breach of the planning scheme to be operating a detention centre without approval. It’s not like playing music in the backyard loudly. It’s about people being detained against their will.”

Freedom of Information documents acquired by the council showed the Department of Home Affairs established an ‘Alternative Place of Detention’ at the Best Western Fawkner in 2018.

The APOD was used by Home Affairs to detain refugees, people who had arrived by air without a visa, people who had their visas cancelled and people who had overstayed their visas.

As of December 2020, Home Affairs detained 225 people in 17 APODs around Australia.

Moreland Council learned of the existence of the centre in December 2020 and swiftly condemned its existence. The council also sent letters to the state Planning Minister and the Australian Border Force seeking explanations, but received no response.

Socialist councillor Sue Bolton condemned the centre as outrageous and accused Home Affairs of having established it in secret.

Cr Bolton said there may be other secret detention centres in Moreland.

The legal advice sought by Cr Conlan is expected to be delivered before next month’s council meeting.

Cr Conlan told the Leader that using the planning scheme to challenge hotel detention centres could set a statewide precedent and allow other councils to take action against APODs within their borders.

“It could also force the Victorian Planning Minister to intervene and decide whether detention centres should go through a transparent process involving both councils and the community.” he said.