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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. -
Aboriginal and Torres Strait Islander Social Justice
15 March 2024SpeechThe Rule of Law and Aboriginal Incarceration
Practical Human Rights Governance Symposium Series Curtin University Law School Human Rights Day Emeritus Professor Rosalind Croucher AM President, Australian Human Rights Commission Acknowledgements Thank you to Professor Robert Cunningham, Dean and Head of Curtin Law School, for this invitation to speak today. I am sorry that border closures and diary conflicts on this hugely significant… -
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
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… -
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.