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Rights and Freedoms
1 May 2013PublicationHuman rights issues raised by the third country processing regime
The Commission recognises the importance of effective border management and recognises that Australia has a right as a sovereign State to exclude non-citizens from its territory. However, Australia also has international obligations in relation to asylum seekers who come here, including those who arrive by boat, which must be observed in its border management practices. This paper provides a… -
Rights and Freedoms
14 December 2012Publication
Norfolk Island's Immigration Act and human rights
During 1997-98, in response to four complaints, the Commission conducted an inquiry into Norfolk Island's Immigration Act 1980. Norfolk Island is a territory of the Commonwealth and the only inhabited external territory not covered by the Commonwealth's Migration Act 1958. -
Rights and Freedoms
31 July 2013Book page
1 Summary
Under section 501 (and/or sections 501A and 501B) [1] of the Migration Act 1958 (Cth) (Migration Act), a non-citizen’s application for a visa may be refused or their 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’. During the 2011-12 financial year 88 people had their… -
Legal
14 December 2012WebpageSummary of Interventions by the Australian Human Rights Commission
Summary of Interventions by the Australian Human Rights Commission Updated 11 December 2009 Download PDF (100 kb) Word (181 kb) YEAR NO. OF CASES NAME OF CASE SUBJECT MATTER OF CASE COURT 1988 1. Re A Teenager (1988) 94 FLR 181 Family Law – Sterilisation of a young woman with a disability Family Court 2. Re Jane Family Law – Sterilisation of person with disability – whether parents require… -
Legal
14 December 2012Webpage
Commission submissions: Christie
1. The Human Rights and Equal Opportunity Commission makes two submissions with respect to the interpretation of s.170DF(2)(f) of the Industrial Relations Act 1988 (Cth). They are: -
Legal
14 December 2012Webpage
Questions on Notice 8 May 2003
I refer to the Questions on Notice received by the Human Rights and Equal Opportunity Commission ("HREOC") after it gave evidence before the Senate Legal and Constitutional Legislation Committee's Reference on the Australian Human Rights Commission Legislation Bill 2003 ("AHRC Bill") on 29 April 2003 and provide the following responses. -
Rights and Freedoms
4 February 2015Book page
3 Methodology
3.1 Terms of Reference 3.2 Methodology 3.3 Definitions 3.4 Timeframe for the report 3.5 Commission’s previous work concerning children in detention 3.6 Structure of the report On 3 February 2014, the President of the Australian Human Rights Commission launched the National Inquiry into Children in Immigration Detention. The purpose of the Inquiry was to investigate the ways in which life in … -
Commission – General
28 October 2013Book page1 Introduction
This report draws upon the extensive work the Australian Human Rights Commission has undertaken in the area of Australian law, policy and practice relating to asylum seekers, refugees and immigration detention. The Commission’s work has included conducting national inquiries, examining proposed legislation, monitoring and reporting on immigration detention, and investigating complaints from … -
6 February 2015Book page
Appendix 5 – Notices to Produce
5.1 First Notice to Produce to the Department of Immigration and Border Protection: 31 March 2014 5.2 Second Notice to Produce to the Department of Immigration and Border Protection: 11 July 2014 5.3 Third Notice to Produce to the Department of Immigration and Border Protection: 12 August 2014 5.4 First Notice to Produce to International Health and Medical Services: 24 July 2014 5.5 Second… -
14 December 2012Book page
Community arrangements -asylum seekers, refugees and stateless persons
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’…