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AHRC Reports

Delegate of the President reports on Charlie v Commonwealth of Australia (Department of Immigration and Border Protection) [2014] AusHRC 90

A delegate of the President of the Australian Human Rights Commission has found that the failure of the former Ministers for Immigration to exercise their powers to make a residence determination in respect of Mr Daniel Charlie during the period from November 2009 to September 2011 when he was detained at Villawood Immigration Detention Centre (VIDC) was inconsistent with his right to liberty in article 9(1) of the International Covenant on Civil and Political Rights (ICCPR) and arbitrarily interfered with his family in breach of articles 17(1) and 23(1) of the ICCPR.

President reports on PJ v AMP Financial Planning Pty Limited [2014] AusHRC 89

The President of the Australian Human Rights Commission, Professor Gillian Triggs, has found that AMP Financial Planning Pty Limited (AMPFP) discriminated against Mr PJ on the basis of his criminal record. 

President reports on AH v Commonwealth of Australia (Department of Immigration and Border Protection) [2014] AusHRC 88

The President of the Australian Human Rights Commission, Professor Gillian Triggs, has found that the Commonwealth’s failure to detain Mr AH in the least restrictive manner possible is inconsistent with the prohibition on arbitrary detention in article 9(1) of the International Covenant on Civil and Political Rights (ICCPR).

Mr AH arrived on Christmas Island as an irregular maritime arrival in April 2009. He was detained in immigration detention centres from April 2009 until September 2009.

President reports on HA, HB, HC, HD and HE v Commonwealth of Australia (Department of Immigration and Border Protection) [2014] AusHRC 87

The President of the Australian Human Rights Commission, Professor Gillian Triggs, conducted an inquiry into complaints by five men who are or were in closed immigration detention. As a result of the inquiry, the President found that:

President reports on MG v Commonwealth of Australia (Department of Immigration and Border Protection) [2014] AusHRC 86

The President of the Australian Human Rights Commission, Professor Gillian Triggs, has found that the Commonwealth’s failure to place Mr MG in a less restrictive form of detention than in an immigration detention facility was inconsistent with the prohibition on arbitrary detention in article 9(1) of the International Covenant on Civil and Political Rights (ICCPR). 

President reports on Jafari v Commonwealth of Australia (Department of Immigration and Border Protection) [2014] AusHRC 85

The President of the Australian Human Rights Commission, Professor Gillian Triggs, has found that the Commonwealth’s failure to detain Mr Samad Ali Jafari in the least restrictive manner possible was inconsistent with the prohibition on arbitrary detention in article 9(1) of the International Covenant on Civil and Political Rights (ICCPR).

Mr Jafari is a national of Afghanistan and of the United Kingdom who arrived on Christmas Island in April 2010 as an undocumented Irregular Maritime Arrival.

President reports on AQ v Commonwealth of Australia (Department of Immigration and Border Protection) [2014] AusHRC 84

The President of the Australian Human Rights Commission, Professor Gillian Triggs, has found that the Commonwealth’s failure to release Mr AQ from closed immigration detention for a period of 27 months was inconsistent with the prohibition on arbitrary detention in article 9(1) of the International Covenant on Civil and Political Rights (ICCPR). 

President reports on FA, FB, FC and FD v Commonwealth (Department of Immigration and Border Protection) [2014] AusHRC 83

Four men denied refugee status were held in closed immigration detention facilities for prolonged periods despite meeting the criteria for community detention.

The failure to detain the men in the least restrictive manner possible was inconsistent with the prohibition on arbitrary detention in article 9(1) of the International Covenant on Civil and Political Rights, the Australian Human Rights Commission has found.

President reports on Fadhel v Commonwealth of Australia (Department of Immigration and Border Protection) [2014] AusHRC 82

The President of the Australian Human Rights Commission, Professor Gillian Triggs, has found that Mr Fadhel’s detention in an immigration detention centre is arbitrary within the meaning of article 9 of the International Covenant on Civil and Political Rights (ICCPR).  The President also found that Mr Fadhel’s continued detention has caused him a level of mental impairment such that it amounts to cruel, inhuman or degrading treatment within the meaning of article 7 of the ICCPR. 

President reports on TM v Linfox Australia Pty Ltd [2014] AusHRC 81

The President of the Australian Human Rights Commission, Professor Gillian Triggs, has found that Linfox Australia Pty Ltd discriminated against TM on the basis of his criminal record.