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Legal
14 December 2012WebpageSubmission 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. -
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. -
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. -
Commission – General
15 March 2024SpeechAustralian 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… -
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. -
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… -
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… -
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: -
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… -
Asylum Seekers and Refugees
12 September 2019PublicationMs HM and Master YM v Commonwealth of Australia (Department of Home Affairs)
Ms HM and Master YM v Commonwealth of Australia (Department of Home Affairs) [2018] AusHRC 127 Report into arbitrary interference with family and failure to consider the best interests of the child Introduction to this inquiry This is a report setting out the findings of the Australian Human Rights Commission (Commission) following an inquiry into a complaint by Ms HM and Master YM against…