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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… -
Asylum Seekers and Refugees
14 December 2012Book pageSummary of Observations following the Inspection of Mainland Immigration Detention Facilities 2007
This report is a brief summary of the observations made by the Human Rights Commissioner and staff of the Australian Human Rights Commission (the Commission). These summary notes and recommendations are based on what we personally observed and heard from staff and detainees during our immigration detention facility inspections. -
Legal
14 December 2012WebpageInformation concerning Australia and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) (2010)
What is ICERD and CERD? Information concerning Australia and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) Australian Human Rights Commission Submission to the ICERD Committee 8 July 2010 Download PDF [530 KB] Download Word [710 KB] Table of Contents 1 Introduction 2 The Australian Human Rights Framework 3 The Social Inclusion Agenda as a… -
Asylum Seekers and Refugees
23 January 2013Publication
Immigration detention on Christmas Island - Observations from visit to Immigration detention facilities on Christmas Island
Contents 1 Introduction 2 Background 3 Summary 4 Activities undertaken during the visit 5 Overview: immigration detention on Christmas Island 6 Third country processing of asylum seekers’ protection claims 6.1 Information about third country processing arrangements 6.2 Pre-transfer risk assessment processes 6.3 Transfer processes 7 Potential for indefinite or arbitrary detention of asylum… -
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… -
Legal
14 December 2012Webpage
Consideration of Australia’s ratification of the Optional Protocol to the Convention against Torture
Consideration of Australia’s ratification of the Optional Protocol to the Convention against Torture Australian Human Rights Commission Submission to the Joint Standing Committee on Treaties 29 March 2012 Download in Word [303 KB] Table of contents 1 Introduction 2 Summary 3 Recommendations 4 What would ratification of OPCAT require of Australia? 4.1 Visits to Australia of Subcommittee for… -
Legal
14 December 2012Webpage
Review of Australia’s Fourth Periodic Report on the Implementation of the International Covenant on Economic Social and Cultural Rights
Australian Human Rights Commission Submission to the United Nations Committee on Economic Social and Cultural Rights 17 April 2009 Download in Word [556KB] Download in PDF [207KB] Table of Contents 1 Introduction 2 Summary 3 Recommendations 4 Framework for human rights protection 4.1 Formal protection for econmic social and cultural rights Human Rights Commission (a) Australian Human Rights … -
Legal
14 December 2012Webpage
Submission to National Human Rights Consultation (2009)
National Human Rights Consultation Australian Human Rights Commission Submission June 2009 Download Complete Submission and Appendices PDF [1.7 MB] Download in word Table of Contents 1 Introduction 2 Summary 3 Recommendations PART A: Which human rights should be protected and promoted in Australia? 4 Introduction 5 What are human rights? 5.1 Human rights are core human values 5.2 Human… -
Asylum Seekers and Refugees
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
Report No. 41: El Masri v Commonwealth (Department of Immigration and Citizenship) (2009)
El Masri v Commonwealth (Department of Immigration and Citizenship) Report into unlawful and arbitrary detention and the right of people in detention to humane treatment (2009) AusHRC 41 ISSN 1837-1183 (Print) ISSN 1837-1191 (Online) Download PDF (809 kb) Word (529 kb) Contents Introduction Part A: Structure of this report Part B: Summary of findings and recommendations Part C: The…