without authorization.47 It is necessary to ensure that persons entering Australia are entitled to do so, and to ensure that the integrity of the migration system is upheld. The detention of unauthorized arrivals ensures that they do not enter Australia before their claims have been properly assessed and found to justify entry. It also provides officials with effective access to those persons in order to investigate and process their claims without delay, and if those claims are unwarranted, to remove such persons as soon as possible. The State party argues that the detention of unauthorized arrivals is consistent with fundamental rights of sovereignty, including the right of States to control the entry of persons into its territory. As the State party has no system of identity cards or the like for access to social services, it is more difficult to detect, monitor and apprehend illegal immigrants in the community, compared with countries where such a system is in place.48 the issuance of the protection visa in March 1995, even though as a practical matter he was exceptionally released into his family’s care in August 1994, for a person remains by law detained until removed or granted permission to remain in Australia. As to the “current detention” pending execution of a deportation order, detention is not mandatory and an individual can be released at the Minister’s discretion. 4.23 Concerning the complaint under article 9, paragraph 1, the State party argues that the prohibition against the deprivation of liberty is not absolute.45 While a detention must be lawful in terms of the domestic legal order, it contends that in determining the further element of arbitrariness in a particular case key elements are whether the circumstances under which a person is detained are “reasonable” and “necessary” in all of the circumstances or otherwise arbitrary in that the detention is inappropriate, unjust or unpredictable. It emphasizes that the Committee’s jurisprudence of the Committee does not suggest that detention of unauthorized arrivals or detention for a particular length of time could be considered arbitrary per se,46 rather the determining factor is not the length of the detention but whether the grounds for the detention are reasonable, necessary, proportionate, appropriate and justifiable in the particular case. 4.27 The State party’s experience has been that unless detention is strictly controlled, there is a strong likelihood that people will escape and abscond into the community. In some cases, some unauthorized arrivals who had been held in unfenced migrant hostels with a reporting requirement had absconded. It had also been difficult to gain the cooperation of the local ethnic communities to locate such persons.49 As such, it was reasonably suspected that if people were not detained, but rather released in the interim into the community, there would be a strong incentive for them not to adhere to the conditions of release and to disappear into the community. The State party repeats that all applications to enter or remain are thoroughly considered, on a case-by-case basis, and that therefore its policy of detaining unauthorized arrivals is reasonable,50 proportionate and necessary in all of the circumstances. As such, the provisions under which the author was detained, while requiring mandatory detention, were not arbitrary, as they were justifiable and proportionate on the grounds outlined above. 4.24 Turning to the particular case, the State party argues that the author’s detention was and is lawful, and reasonable and necessary in all of the circumstances. It is, according to the State party, also clearly distinguishable on the facts from the case of A v. Australia. 4.25 As to the initial detention, he was detained by law, under the s.89 Migration Act 1958. This detention was twice judicially confirmed. As to arbitrariness, both the provisions of the Migration Act under which the author was detained, as well as the individual circumstances of his case, justified his necessary and reasonable detention. 4.26 The State party underscores that mandatory immigration detention is an exceptional measure primarily reserved for people who arrive in Australia 4.28 In addition, the individual factors of the author’s detention also indicate the absence of arbitrariness. He arrived with a visitor’s visa but no return airline ticket, and when questioned at the airport a number of false statements on his visa application form were detected. These included the assertion that his mother and father were living in 45 47 This is confirmed by the travaux préparatoires for the drafting of article 9, paragraph 1, reveal that the drafters explicitly contemplated detention of non-citizens for immigration control as an exception to the general rule that no person shall be deprived of his or her liberty. Response of the Australian Government, at paragraph 5, to the Views of the Committee in A v. Australia. 48 Ibid. 49 Submission by the Australian Government on Merits of A. v. Australia. 46 In A v. Australia, op cit., the length of a period of immigration detention was a factor in assessing the detention as arbitrary, for “detention should not continue beyond the period for which the State can provide appropriate justification”. 50 The High Court has also determined that the mandatory detentions provisions are reasonable in terms of the domestic constitutional order: Lim v. Minister for Immigration and Ethnic Affairs (1992) 176 CLR 1. 150