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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…

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’.

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…

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…

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'.

The Commission has a number of concerns about the impact on the human rights of people whose applications for visas are refused or whose visas are cancelled under section 501 of the Migration Act. The Commission is particularly concerned about the consequences for: refugees who have their applications for protection visas refused on character grounds long-term permanent residents of…

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…

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 …

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 …