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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)
Report into arbitrary detention. -
Race Discrimination
13 March 2024SpeechCoca-Cola Diversity, Equity and Inclusion Summit
I am the full-stop, the exclamation mark and the question mark. The vision of this summit is that “It’s not about changing the player, it’s about changing the field they are play on.” We have heard about the business case, the moral case and the human rights case. This December is the 75th anniversary of the Universal Declaration of Human Rights, marking the day, on 10 December 1948, when… -
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… -
Legal
22 March 2024Speech
Probate and Lunatics: A Curious Cameo of Supreme Court History
ANZOA meeting Perspectives on Fairness Meeting of the Minds Emeritus Professor Rosalind Croucher AM President, Australian Human Rights Commission Acknowledgment I would like to begin my presentation by acknowledging the traditional custodians of the land where I am delivering my presentation today, the Gadigal people of the Eora nation, and pay my respects to the elders, past, present and… -
Legal
8 July 2021Publication
Immigration detention following visa cancellation under section 501
Report into arbitrary detention and arbitrary interference with family -
Commission – General
14 March 2024SpeechPerspectives on Fairness
ANZOA meeting Meeting of the Minds Acknowledgment I would like to begin my presentation by acknowledging the traditional custodians of the land where I am delivering my presentation today, the Gadigal people of the Eora nation, and pay my respects to the elders, past, present and emerging. I would like to thank Janine Young, Energy & Water Ombudsman, NSW and current Chair of ANZOA, for… -
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"). -
4 February 2015Book page
5 What does the law say about detaining children?
5.1 Mandatory detention and lawfulness 5.2 Arbitrariness 5.3 Review of detention 5.4 Shortest appropriate period of time 5.5 Decision-making in relation to children 5.6 Minimum conditions of detention 5.7 Duty of care 5.8 Findings in relation to detention law, policy and practice Both domestic and international human rights law are clear when it comes to the detention of children. The… -
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)
The Australian Human Rights Commission (the Commission) is Australia’s national human rights institution, established by the Australian Human Rights Commission Act 1986 (Cth). -
Commission – General
22 March 2024Speech
Women’s Club – Foundation Day Club Lunch
Emeritus Professor Rosalind Croucher AM Introduction Thank you Danielle Asciak, for inviting me here today. Let me begin by acknowledging the traditional custodians of the land on which we meet, the Gadigal people of the Eora Nation and pay my respect to Elders, past, present and emerging, and also to acknowledge any Indigenous guests attending today. I am sorry that as a nation we did not… -
Commission – General
15 March 2024Speech
Australian Human Rights Commission’s complaint handling jurisdiction
Civil Justice Research Conference 2019 Macquarie University, Sydney Emeritus Professor Rosalind Croucher AM [ Professor Croucher spoke to this paper] Abstract The complaint handling role of the Australian Human Rights Commission from time to time attracts some attention in the media—but not always for constructive reasons. This presentation set out the real story. It is one that is a worthy… -
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… -
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…