The Commission makes this submission to the Senate Legal and Constitutional Affairs Legislation Committee (the Committee) in relation to the Migration Legislation Amendment (Regional Processing Cohort) Bill 2019 (Cth) (the Bill) introduced by the Australian Government.
[2018] AusHRC 127
Report into arbitrary interference with family and failure to consider the best interests of the child
Transferring asylum seekers to third countries does not release Australia from its obligations under international human rights law. The Commission considers that the removal of the medical transfer provisions by this Bill would be inconsistent with Australia’s international human rights obligations, specifically the right to the highest attainable standard of physical and mental health.
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’.
Any significant restrictions imposed on a person held in immigration detention, including the widespread use of restraints like handcuffs, must be tailored to individual circumstances and risks, according to a new report released by the Australian Human Rights Commission today.
This report examines the human rights implications of current risk management practices in immigration detention. It is based on information gathered during inspections of four immigration detention facilities conducted in the second half of 2018.
The Commission considers that the broad application of restrictive measures such as those proposed in the Bill may lead to unreasonable limitations on human rights in some circumstances. In particular, the proposed power for the Minister to declare items prohibited in immigration detention facilities may lead to restrictions on the possession of items that do not present a significant risk to safety and security.
