In presenting last week’s Federal Budget, Treasurer Josh Frydenberg said, “we will get through this together.” Togetherness is an important value in Australia. It speaks to the basic liberal democratic principle that no-one in our community should be left behind.
The Australian Human Rights Commission is deeply concerned that the Australian Border Force plans to re-open the immigration detention facility at Christmas Island.
The Commission has carried out inspections of Australia's onshore and offshore immigration detention facilities for many years. The Commission's advice has been consistent: Christmas Island is not an appropriate place for an immigration detention facility.
During lockdown, many of us – myself included – have become even more reliant on our mobile phones. They have kept us in contact with parents, children and grandchildren, our colleagues and friends during this difficult time.
The Australian Human Rights Commission has raised concerns about new proposals to amend the Migration Act 1958 (Cth), which would unreasonably limit a range of human rights for all people in immigration detention.
The Commission has made a submission to the Senate Standing Committee on Legal and Constitutional Affairs, on the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020.
Human Rights Commissioner
Edward Santow
23 September 2019
Senator Amanda Stoker
Chair
Senate Legal and Constitutional Affairs Committee
Parliament House
Canberra ACT 2600
By email: legcon.sen@aph.gov.au
Dear Chair
Report into arbitrary detention
Report into complaint of breach of non-refoulement obligations, arbitrary interference with family and failure to consider the best interests of the child
Fourteen complaints about the use of force in immigration detention form the basis for a comprehensive thematic report by the Australian Human Rights Commission tabled in Parliament
today.
The report considers the practices of handcuffing detainees, use of physical force within centres including arm and elbow locks, operations conducted by the Emergency Response Team (ERT), and the use of face masks.
The issue of the use of force in immigration detention has been raised in a range of complaints against the Department of Home Affairs received by the Commission. This report deals thematically with 14 complaints.
Up to 71 asylum seekers who missed out on making an application for a protection visa were still entitled to a fair assessment of their claims the Full Federal Court has held.
The Court accepted submissions from the Australian Human Rights Commission that an internal process established by the Department of Home Affairs should have provided them with procedural fairness.
