Mr IB and Mr IC v Commonwealth of Australia (Department of Home Affairs) (2019)

Mr IB and Mr IC v Commonwealth of Australia (Department of Home Affairs)

[2019] AusHRC 129

Report into arbitrary detention

The Hon Christian Porter MP

Attorney-General

Parliament House

Canberra ACT 2600

Dear Attorney

I have completed my report pursuant to s 11(1)(f) of the Australian Human Rights Commission Act 1986 (Cth) into the complaint of arbitrary detention made by Mr IB and Mr IC against the Commonwealth of Australia—specifically, against the former Department of Immigration and Border Protection and now the Department of Home Affairs (the department).

Mr IB and Mr IC complain that their detention in an immigration detention facility was arbitrary, contrary to article 9 of the International Covenant on Civil and Political Rights (ICCPR).

As a result of this inquiry, I have found that Mr IB’s detention, for a period of almost two years, was arbitrary and inconsistent with his right to liberty under article 9 of the ICCPR. I also find that Mr IC’s detention, for a period of more than two years, was arbitrary and inconsistent with his right to liberty under article 9 of the ICCPR.

The department provided a response to my findings and recommendations on 7 December 2018. That response can be found in Part 7 of this report.

I enclose a copy of my report.

Yours sincerely,

Emeritus Professor Rosalind Croucher AM

President

Australian Human Rights Commission

May 2019