Mr IB and Mr IC v Commonwealth of Australia (Department of Home Affairs) (2019)
Report into arbitrary detention
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.
[2018] AusHRC 127
Report into arbitrary interference with family and failure to consider the best interests of the child
The practice of sending to Nauru families with young children who arrived in Australia seeking asylum is the subject of an inquiry report by the Australian Human Rights Commission tabled in Parliament today.[1]
Mr Richard Lancaster SC, as delegate of the President, found that the regional processing centre on Nauru was not an appropriate place to send families with young children.
The Australian Human Rights Commission has conducted an inquiry into three complaints arising from the practice of the Australian Government of sending to Nauru families with young children who arrived in Australia seeking asylum.
The Australian Human Rights Commission calls on the Australian Government to make urgent changes to improve protections for approximately 30,000 refugees and asylum seekers living in the Australian community.
This report examines the human rights implications of policies affecting asylum seekers in the ‘Legacy Caseload’.