Refine results
-
14 December 2012Book page
DIAC Response to the 2011 Australian Human Rights Commission Statement on Immigration Detention in Villawood
The Department of Immigration and Citizenship (DIAC) welcomes the opportunity to respond to the Australian Human Rights Commission (AHRC) public statement on Immigration Detention at Villawood. -
14 December 2012Book page
Report of an inquiry: Mr Zacharias Manongga
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into a complaint by Mr Zacharias Manongga Consul for the Northern Territory, consul of the Republic of Indonesia that the human rights of Indonesian Fishers detained on vessels in Darwin Harbour were breached by the Commonwealth of Australia. -
Legal
30 May 2022Project
Human Rights Reports
The Australian Human Rights Commission Act 1986 empowers the Commission to investigate breaches of human rights and workplace discrimination. Reports to the Minister are prepared, including recommendations for action. -
Rights and Freedoms
19 August 2016SpeechTony Blackshield Lecture
HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS It is a special pleasure for me to speak in honour of Professor Blackshield, who is a long time colleague of mine in the law. He is a constitutional law scholar of the highest order and one of the most influential figures in Australian legal education over the last 50 years. I have two… -
23 January 2014Book page
1. What are Temporary Protection Visas?
Temporary Protection Visas (TPVs) are a type of visa available to people who arrive in Australia without a visa and are found to be owed protection obligations. [1]As its name suggests, a TPV only permits the holder to remain in Australia temporarily (this can be contrasted with a Permanent Protection Visa (PPV), which grants the holder permanent resident status). TPVs can last for up to… -
Legal
14 December 2012Webpage
Submission to the Clarke Inquiry on the Case of Dr Mohamed Haneef (2008)
The Human Rights and Equal Opportunity Commission (‘HREOC’) makes this submission to the Clarke Inquiry, which has been established to inquire into the case of Dr Mohamed Haneef. This inquiry raises important issues of law and practice and HREOC welcomes the opportunity to make a submission. -
28 October 2013Book page
2 Onshore detention and processing
2.1 Mandatory immigration detention It is mandatory under the Migration Act for every non-citizen who is in Australia without a valid visa to be detained, regardless of his or her individual circumstances. [24] Once detained, unlawful non-citizens must remain in detention until they are either granted a visa or removed from Australia. [25] The majority of unlawful non-citizens are detained… -
14 December 2012Book page
Report No. 43: Mr NK v Commonwealth of Australia (Department of Immigration and Citizenship) (2011)
While we note your findings, in the Department's view Mr NK has been and continues to be detained lawfully in accordance with the Migration Act 1958 (Cth) (Migration Act) and his detention has not been and is not arbitrary. -
Rights and Freedoms
26 September 2016Speech
Human rights and the overreach of executive discretion: citizenship, asylum seekers and whistleblowers
HUMAN RIGHTS AND THE OVERREACH OF EXECUTIVE DISCRETION: CITIZENSHIP, ASYLUM SEEKERS AND WHISTLEBLOWERS GILLIAN TRIGGS [*] (Annual Tony Blackshield Lecture delivered at Macquarie Law School, Macquarie University, 5 November 2015) I It is a special pleasure for me to speak in honour of Professor Blackshield, who is a long time colleague of mine in the law. He is a constitutional law scholar of… -
Legal
14 December 2012Webpage
Submission: MIGRATION LITIGATION REVIEW
1. The Human Rights and Equal Opportunity Commission (‘the Commission’) has been invited to make submissions in relation to the Migration Litigation Review (‘the Review’), being conducted by Ms Hilary Penfold QC, First Parliamentary Counsel. -
Legal
20 May 2022Webpage
Submission to Court as Intervener and Amicus Curiae
The Commission has the power to intervene, with leave of the Court, in proceedings that involve issues of race, sex and disability discrimination, human rights issues and equal opportunity in employment. The power to seek leave to intervene is contained in: -
Legal
14 December 2012Webpage
Submission: MIGRATION AMENDMENT (JUDICIAL REVIEW) BILL 2004
1. The Human Rights and Equal Opportunity Commission ('the Commission') has been invited by the Senate Legal and Constitutional Legislation Committee ('the Committee') to make submissions on the Migration Amendment (Judicial Review) Bill 2004 ('the Bill'). -
Asylum Seekers and Refugees
1 August 2013WebpageVisa cancellation on character grounds
Read about the process of visa refusal or cancellation on grounds of character and the human rights concern raised by the consequences of this process. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The aim of this submission is to inform HREOC, at the outset of its Inquiry, of the concerns held about Children in Immigration in Detention, by members of the legal profession in New South Wales. The focus of the submission is limited to the issue of compliance with international and domestic legal obligations. Relevant obligations are outlined, concerns are highlighted and finally,… -
Rights and Freedoms
6 June 2019Speech
Law, Lawyers and Human Rights
Law Week Breakfast Law Society of Western Australia Perth, 13 May 2019 Emeritus Professor Rosalind Croucher AM, President, Australian Human Rights Commission Acknowledgements Thanks to Greg McIntyre SC, President of the Law Society of Western Australia, for the wonderful invitation to speak at the opening of Law Week in Perth. I would like to begin my contribution by acknowledging the… -
14 December 2012Book page
2009 Immigration detention and offshore processing on Christmas Island
This report contains a summary of observations by the Australian Human Rights Commission (the Commission) following its July 2009 visit to Australia’s immigration detention facilities on Christmas Island. It follows the Commission’s 2006, 2007 and 2008 annual reports on inspections of immigration detention facilities.[1] -
14 December 2012Book page
Annual Report 2001-2002: Chapter 3
As a result of the enactment of the Human Rights Legislation Amendment Act (No. 1) 1999 (Cth) the jurisdiction of the Commission to conduct public inquiries into complaints was transferred on 13 April 2000 to the Federal Court and Federal Magistrates Service. However, the Commission retained the jurisdiction to complete those public inquiries it had commenced prior to 13 April 2000. During 2000&… -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
The Council for Civil Liberties NSW (CCL) considers mandatory detention of asylum seekers to be a breach of Australia's international obligations. The CCL is of the view that mandatory detention of children is morally indefensible particularly given Australia's ratification of the UN Convention on the Rights of the Child (CROC) -
Legal
14 December 2012Webpage
Migration Amendment (Review Provisions) Bill 2006
In order to ensure that the views of the children in conflict with the law are duly taken into account, the following must be provided as a minimum in order to ensure their participation in accordance with articles 12 and 40 of the Convention; -
Legal
14 December 2012Webpage
Commission Submission - Maslauskas v Qld Nursing
If the legislature had intended s 19 to be limited in its operation to the circumstances set out in subsection (6) then the subsection would have provided as follows: ‘Section 19 only has effect in relation to…’. The Commissioner submits that the legislature has specifically chosen not to use the word ‘only’ in subsection (6) because they did not intend s 19 to be limited in its application to…