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Legal
14 December 2012WebpageInquiry into the administration and operation of the Migration Act 1958
Thank you for inviting the Commission to make a submission to the Senate Legal and Constitutional References Committee's Inquiry into the administration and operation of the Migration Act 1958 (Cth) ('Migration Act'). -
31 July 2013Book page
5 Can a person seek review of a decision under section 501 to refuse or cancel a visa?
5.1 Access to merits review Depending on the circumstances, a person who has an application for a visa refused or a visa cancelled under section 501 may be able to apply to the Administrative Appeals Tribunal (AAT) for review of the merits of the decision, or they may only be able to challenge the legality of the decision through the courts. Whether the person can apply for merits review by… -
Legal
14 December 2012Webpage
Migration Matters
This submission is made by the Human Rights Commissioner on behalf of the Human Rights and Equal Opportunity Commission (‘the Commission’) in response to the Terms of Reference issued by the Select Committee on Ministerial Discretion in Migration Matters. -
14 December 2012Book page
Background paper: Immigration detention and visa cancellation under section 501 of the Migration Act (2010)
Under section 501 of the Migration Act 1958 (Cth) (Migration Act), a non-citizen’s visa may be cancelled if they do not satisfy the Minister for Immigration and Citizenship (the Minister) or the Minister’s delegate that they pass the ‘character test’. -
Legal
14 December 2012Webpage
Refugee review
1. The Human Rights and Equal Opportunity Commission ("the Commission") seeks to make submissions to the Tribunal pursuant to paragraphs 11(1)(g), (o) and (p) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). -
Legal
14 December 2012Webpage
Protection of the rights of the child in the context of migration (2010)
Protection of the rights of the child in the context of migration Information provided by the Australian Human Rights Commission to the OHCHR study on challenges and best practices in the implementation of the international framework for the protection of the rights of the child in the context of migration April 2010 Download PDF [ 136 KB ] Download Word [ 360 KB] Table of Contents 1… -
Legal
14 December 2012Webpage
Inquiry into the Same-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Bill 2008
Recommendation 1: The amendments contained in the Same-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform) Bill 2008 inserting the new definitions of ‘de facto partner’ and ‘de facto relationship’ into Commonwealth legislation should proceed. -
14 December 2012Book page
Annual Report 2002-2003: Chapter 3
Where a complaint is made under the Human Rights and Equal Opportunity Commission Act 1986 (Cth) alleging breaches of human rights and discrimination in employment, the President or his delegate may report to the Attorney-General where conciliation cannot resolve the matter and an inquiry has satisfied the President there has been a breach of human rights or discrimination in employment. The… -
Legal
14 December 2012Webpage
CHEN YUAN FA v Federal Government
The Human Rights and Equal Opportunity Commission ( Commission') was established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). On 13 April 1995, His Honour Justice Carr directed that leave be granted to the Commission, pursuant to s.11(1)(o) of the HREOC Act, to file and serve written submissions in these matters limited to the issues referred to…