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According to the United Nations Convention and Protocol relating to the Status of Refugees (also called the Refugee Convention), a refugee is someone who is outside their own country and cannot return due to a well-founded fear of persecution because of their:

2.1 Mandatory immigration detention It is mandatory under the Migration Act for every non-citizen who is in Australia without a valid visa to be detained, regardless of his or her individual circumstances. [24] Once detained, unlawful non-citizens must remain in detention until they are either granted a visa or removed from Australia. [25] The majority of unlawful non-citizens are detained…

This year marks the twentieth anniversary of Australia’s introduction of mandatory immigration detention and the eighteenth anniversary of the system of mandatory, indefinite immigration detention. In the current context, it is apt to recall that mandatory detention was introduced in reaction to the arrival of asylum seekers by boat, with concerns about a potential ‘influx’…

2.1 Scope of international obligations During Australia’s review, the Government made a commitment to improving Australia’s monitoring of its international human rights obligations. Australia is a party to seven of the core human rights treaties and maintains a number of reservations under these. The Australian Government made a commitment to conduct a comprehensive review of such…

3.1 Equality before the law and non-discrimination A prominent theme throughout Australia’s UPR was the unacceptable level of disadvantage experienced by Aboriginal and Torres Strait Islander Peoples, with 50 of the countries that spoke during the interactive dialogue referring to issues affecting Aboriginal and Torres Strait Islander peoples. [15] Since its appearance the Australian…

1.1 Introduction This year marks 20 years since the establishment of the Aboriginal and Torres Strait Islander Social Justice Commissioner (Social Justice Commissioner) role under the Australian Human Rights Commission Act 1986 (Cth). When I first started in this position I was asked if any of the previous Commissioners had left any words or notes of advice. I answered them ‘no, but they all…

Current federal anti-discrimination laws would generally apply to cyberspace to the extent that discriminatory behaviour (or harassment) online relates to a protected attribute, and could be said to have occurred in one of the stipulated areas of ‘public’ life. This is particularly clear in relation to the prohibition on sexual harassment under the Sex Discrimination Act 1984 (Cth) (SDA), as…

The Internet has opened up new possibilities for the realisation of the right to freedom of expression. This is due to the Internet’s unique characteristics, including ‘its speed, worldwide reach and relative anonymity’. [9] These distinctive features have enabled individuals to use the Internet to disseminate information in ‘real time’, and to mobilise people. [10] The United Nations…

Between 1 September 2008 and 22 November 2011, 180 young Indonesians who said that they were children arrived in Australia, having worked as crew on boats bringing asylum seekers to Australia. These young people were often fishermen from impoverished communities in the south and east of Indonesia. Many of them have spent long periods of time in immigration detention without being charged, or…

3.1 Introduction In chapters 1 and 2, I look back over the past 20 years that the Social Justice Commissioner position has been in place and think about the journey and our learning over this time. In this chapter, I want to explore how those lessons can take us forward to chart a confident course into the future and how the realisation of our rights can produce long term sustainable…