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This document provides an overview of the Commission’s major activities for 2012-13. The Commission regularly reviews the ways in which human rights are being observed and respected across Australia. We do this to determine where we can take practical action and make a positive difference.

back to Immigration detention, Asylum Seekers and Refugees Who are asylum seekers and refugees? What are Australia’s human rights obligations towards asylum seekers and refugees? Are asylum seekers and refugees subject to immigration detention in Australia? What does the Commission do to monitor conditions and treatment of people held in immigration detention? How are asylum seekers’ claims…

1. What is the situation for refugees with adverse security assessments? As of May 2013 there are 56 refugees in immigration detention facilities in Australia who have been denied a protection visa as a result of receiving an adverse security assessment by the Australian Security and Intelligence Organisation (ASIO). A number of these individuals are entering their fourth year in detention…

NOTE: This paper was updated in 2013- click here for the updated version. Contents Introduction Summary Background What are Australia’s international obligations to asylum seekers who are subject to transfer to third countries? What are the Commission’s key concerns about the third-country processing arrangements? Introduction In September 2012, the Australian Government commenced…

Contents 1 Introduction 2 Background 3 Australia’s international obligations to asylum seekers subject to third country transfer 4 Key human rights concerns with the third country processing regime 5 People subject to third country transfer who remain in Australia 1 Introduction In September 2012, the Australian Government commenced transferring asylum seekers who arrived in Australia by…

1. What are bridging visas? Bridging visas are temporary visas which allow people to legally reside in the Australian community while they are applying for a longer term visa, appealing a decision relating to their visa, or making arrangements to leave Australia. Bridging visas can be granted to different groups of people, including asylum seekers who are seeking protection as refugees in

Contents 1 Introduction 2 Background 3 Summary 4 Activities undertaken during the visit 5 Overview: immigration detention on Christmas Island 6 Third country processing of asylum seekers’ protection claims 6.1 Information about third country processing arrangements 6.2 Pre-transfer risk assessment processes 6.3 Transfer processes 7 Potential for indefinite or arbitrary detention of asylum…

Summary: The Full Court of the Federal Court restrained the Minister for Immigration and Citizenship from removing the applicant asylum seeker to Afghanistan until his claims for protection have been assessed according to law. The Court held that the International Treaties Obligations Assessment was affected by jurisdictional error as the wrong legal test was applied and procedural fairness was…