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Rights and Freedoms
26 September 2016SpeechHuman 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… -
Rights and Freedoms
14 December 2012Project
Discrimination on the Ground of Trade Union Activity
Report to the Attorney-General on an inquiry by the Human Rights and Equal Opportunity Commission (the Commission) into a complaint of discrimination on the ground of trade union activity under the Human Rights and Equal Opportunity Commission Act 1986 (Cth)(the Act). -
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
1 Introduction and background
Between 1 September 2008 and 22 November 2011, 180 young Indonesians who said that they were children arrived in Australia, having worked as crew on boats bringing asylum seekers to Australia. These young people were often fishermen from impoverished communities in the south and east of Indonesia. Many of them have spent long periods of time in immigration detention without being charged, or… -
Rights and Freedoms
11 May 2016Speech
Human rights across the Tasman: a widening gulf
I am honoured to have been invited to give this lecture at the Law School of the University of Canterbury, funded by the generosity of the Sir Eric Hotung Fellowship. While I had settled the subject matter of this lecture, I thought it would be helpful to know what other Hotung Fellows had discussed in previous years. I looked at last year’s lecture and was pleased to see that Professor… -
Commission – General
14 December 2012SpeechThe Admission and Exclusion of Asylum Seekers Conference
I would like to acknowledge the Gadigal people of the Eora people, the traditional owners of the land on which we meet today, and pay my respects to their elders. -
Legal
31 May 2016SpeechHotung Fellowship Public Lecture 2016
Human rights across the Tasman: a widening gulf. I am honoured to have been invited to give this lecture at the Law School of the University of Canterbury, funded by the generosity of the Sir Eric Hotung Fellowship. -
Asylum Seekers and Refugees
23 January 2013PublicationImmigration detention on Christmas Island - Observations from visit to Immigration detention facilities on Christmas Island
Immigration detention on Christmas Island Observations from visit to Immigration detention facilities on Christmas Island -
Legal
14 December 2012Webpage
Submission: MIGRATION AMENDMENT (DESIGNATED UNAUTHORISED ARRIVALS) BILL 2006
1.1 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 (Designated Unauthorised Arrivals) Bill 2006 (‘the Bill’). 1.2 The Commission welcomes the opportunity to make this submission and thanks the… -
14 December 2012Book page
DIAC Response to the Australian Human Rights Commission’s 2009 Immigration Detention and Offshore Processing on Christmas Island Report
The Department of Immigration and Citizenship (DIAC) welcomes the opportunity to respond to the Australian Human Rights Commission (the Commission) report on Immigration detention and offshore processing on Christmas Island following its visit to Christmas Island in July 2009. -
Legal
14 December 2012Webpage
Commission submission - Long Guan Juan & Others v Minister for Immigration
The Human Rights and Equal Opportunity Commission ("the Commission") was established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). On 28 February 1995, His Honour Justice O'Loughlin 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… -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set… -
14 December 2012Book page
AusHRC 51: Brown v Commonwealth of Australia (Department of Immigration & Citizenship)
I attach my report of an inquiry into the complaint made pursuant to s 11(1)(f)(ii) of the Australian Human Rights Commission Act 1986 (Cth) by Ms Maria Brown. -
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,… -
Asylum Seekers and Refugees
10 April 2013Publication
Human rights issues raised by the transfer of asylum seekers to third countries
Human rights issues raised by the transfer of asylum seekers to third countries’ sets out the Australian Human Rights Commission’s position in relation to steps taken recently by the Australian Government to transfer asylum seekers who arrive in Australia by boat to third countries for the processing of their claims for protection. -
14 December 2012Book page
Bringing them Home - Chapter 7
Following the founding of the Swan River Colony in 1829 relations between the British settlers and local Indigenous peoples in Western Australia became characterised by conflict. As a result of fierce fighting, -
14 December 2012Book page
Same-Sex: Same Entitlements: Chapter 15
Many same-sex couples who appeared at the Inquiry’s community forums talked about the problems they face in getting visas. They highlighted the limited options available to a same-sex couple wanting to migrate to Australia as a couple. They talked about the additional expense and disruption to their lives in proving their entitlement to a visa. And they talked about the indignity of being… -
Legal
14 December 2012Webpage
Inquiry into Australia’s agreement with Malaysia in relation to asylum seekers
Recommendation 1: Asylum seekers should not be transferred from Australia to Malaysia under the Arrangement between the Government of Australia and the Government of Malaysia on Transfer and Resettlement. -
Commission – General
14 December 2012Speech
President Speech: What does it mean to believe in human rights in Australia today?
I would like to begin by acknowledging the Traditional Owners of this land, the Pambalong clan of the Awabakal people, and pay my respect to their elders, past and present. Today I would like to explore the question: ‘What does it mean to believe in human rights in Australia today?’ This is an ambitious project, and I am aware that the question does not have a short and simple answer. -
14 December 2012Book page
DIAC Response to the 2010 Australian Human Rights Commission Report on Immigration Detention in Darwin (2010)
The Department of Immigration and Citizenship (DIAC) welcomes the opportunity to respond to the Australian Human Rights Commission (the AHRC) 2010 Public Statement on Immigration Detention in Darwin.