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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'). -
Asylum Seekers and Refugees
29 March 2022PublicationThe detention of refugees following visa refusal or cancellation under section 501 of the Migration Act 1958 (Cth) (2022)
Learn about detention of refugees following visa refusal. -
Asylum Seekers and Refugees
9 November 2023Media Release
Commission commends High Court ruling on indefinite immigration detention
The Australian Human Rights Commission has welcomed yesterday’s High Court ruling which determined that Australia’s system of indefinite immigration detention is unlawful. The landmark decision overturns almost two decades of the practice by Australian authorities in finding it is unlawful to hold a person in immigration detention when there is no real prospect of them being removed from… -
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
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. -
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… -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
This submission examines a child's right to a nationality and Australia's protection of that right. Of special interest is the position of children born in mandatory detention to parents who are both unlawful non-citizens. [1] The submission addresses the first term of reference for the inquiry, by exploring Australia's obligations in this area and discussing whether such obligations are… -
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… -
31 July 2013Book page
When can a visa be refused or cancelled under section 501?
Explore the two-stage decision-making process under section 501 of the Migration Act. Learn about the threshold test, Minister’s powers, and character assessment. -
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… -
14 December 2012Book page
Bringing them Home - Appendix 2
neglected child - a child found begging, wandering about or frequenting any thoroughfare or tavern, sleeping in the open air and who has no settled place of abode or means of subsistence; residing in any brothel or associating or dwelling with any person, known or reputed to be a thief, prostitute or drunkard or a person convicted of vagrancy; a child having committed an offence and who, in the… -
Legal
14 December 2012Webpage
National Security Legislation Amendment Bill 2005
The Human Rights and Equal Opportunity Commission (‘the Commission’) has been invited by the Senate Legal and Constitutional Legislation Committee (‘the Committee’) to make submissions on the National Security Legislation Amendment Bill 2005 (‘the Bill’). The Commission welcomes the opportunity to make this submission and thanks the Committee for its invitation. -
Legal
14 December 2012Webpage
Submission - Inquiry into the Migration Amendment (Strengthening the Character Test and Other Provisions) Bill (2011)
The Australian Human Rights Commission welcomes the opportunity to make this submission to the Senate Standing Committees on Legal and Constitutional Affairs in its Inquiry into the Migration Amendment (Strengthening the Character Test and Other Provisions) Bill 2011. -
31 July 2013Book page
What are the consequences of visa refusal or cancellation?
Learn about visa refusal and cancellation under section 501 of the Migration Act. Unlawful non-citizens face detention and potential removal from Australia. -
Legal
8 July 2021Publication
Immigration detention following visa cancellation under section 501
Learn about immigration detention following visa cancellation under section 501. -
Legal
14 December 2012Webpage
CHEN YUAN FA v Federal Government
The Human Rights and Equal Opportunity Commission ("the Commission") was established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). On 13 April 1995, Carr J. 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… -
14 December 2012Book page
Bringing them Home - Appendix 7
Established the Northern Territory Aboriginals Department with responsibility for the control and welfare of Aborigines and `to provide where possible for the custody, maintenance and education of the children of aboriginals'.