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Asylum Seekers and Refugees
9 October 2019Media ReleaseCourt finds asylum seekers entitled to fair process
Up to 71 asylum seekers who missed out on making an application for a protection visa were still entitled to a fair assessment of their claims the Full Federal Court has held. The Court accepted submissions from the Australian Human Rights Commission that an internal process established by the Department of Home Affairs should have provided them with procedural fairness. As a result of the … -
Legal
14 December 2012WebpageInquiry into the Migration Amendment (Health Care for Asylum Seekers) Bill 2012 (2012)
The Australian Human Rights Commission makes this submission to the Senate Legal and Constitutional Affairs Committees in the Inquiry into the Migration Amendment (Health Care for Asylum Seekers) Bill 2012. -
Business and Human Rights
30 November 2022SpeechExecutive discretion in a time of COVID-19
Responses to the COVID-19 pandemic have required very quick action by governments. But those responses have also involved significant limitations on people’s rights and freedoms, especially freedom of movement, and implemented through executive power often with limited parliamentary involvement. -
Legal
14 December 2012Webpage
Free to air television captioning exemption decision (2012)
By this instrument, the Australian Human Rights Commission grants to the Applicants an exemption pursuant to section 55(1) of the Disability Discrimination Act 1992 (Cth) (DDA). -
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
Questions and Answers About Refugees & Asylum Seekers
According to the United Nations Convention and Protocol relating to the Status of Refugees (also called the Refugee Convention), a refugee is someone who is outside their own country and cannot return due to a well-founded fear of persecution because of their: -
3 January 2014Book page
2 Background and framework for promotion and protection of human rights
2.1 Scope of international obligations During Australia’s review, the Government made a commitment to improving Australia’s monitoring of its international human rights obligations. Australia is a party to seven of the core human rights treaties and maintains a number of reservations under these. The Australian Government made a commitment to conduct a comprehensive review of such… -
Sex Discrimination
27 February 2017SubmissionViolence against women in Australia (2017)
Violence against women in Australia AUSTRALIAN HUMAN RIGHTS COMMISSION SUBMISSION TO THE SPECIAL RAPPORTEUR ON VIOLENCE AGAINST WOMEN 20 January 2017 Download PDF Download Word Table of Contents 1 Introduction 2 Summary 3 Recommendations 4 Background information 5 Recent developments in Australia 5.1 National Plan to Reduce Violence Against Women and their Children 5.2 Relevant Federal… -
10 April 2015Book page
2 Background and framework for promotion and protection of human rights
2.1 Scope of international obligations 2.2 National framework 2.3 Equality before the law and non-discrimination 2.4 Migrants, refugees and asylum seekers 2.5 Right to life, liberty and security of the person 2.1 Scope of international obligations Australia prides itself on its commitment to the promotion and protection of human rights and has announced its candidacy for election to the… -
Legal
10 October 2017Submission
Information concerning Australia’s compliance with the International Covenant on Civil and Political Rights (2017)
This submission provides information concerning the civil and political rights of key population groups in Australia and other thematic issues engaging civil and political rights. In relation to each section, the Commission has referred to the relevant articles of the ICCPR engaged and (where appropriate) the relevant paragraph of the Committee’s list of issues prior to reporting dated 9 November… -
14 April 2015Book page
1 Social justice - Year in review
1.1 Introduction 1.2 Machinery of Government changes 1.3 The 2014 Budget 1.4 Leadership, representation and engagement 1.5 Constitutional recognition 1.6 Indigenous Jobs and Training Review 1.7 Closing the Gap 1.8 Stolen Generations 1.9 International developments 1.10 Australian Human Rights Commission complaints 1.11 Conclusion 1.1 Introduction At the beginning of this reporting period, we… -
Legal
14 December 2012Webpage
Independent Interim Report on CEDAW
Para 29: The Committee encourages the State party to continue its efforts to tackle the persistent problem of violence against women and urges the State party to adopt national legislation and adopt, implement and adequately fund as a matter of urgency the National Action Plan to Reduce Violence against Women and Their Children, including a mechanism for independent monitoring. -
15 July 2014Book page
Chapter 1: How far have we come? Looking back on 20 years of the Social Justice Commissioner role
1.1 Introduction This year marks 20 years since the establishment of the Aboriginal and Torres Strait Islander Social Justice Commissioner (Social Justice Commissioner) role under the Australian Human Rights Commission Act 1986 (Cth). When I first started in this position I was asked if any of the previous Commissioners had left any words or notes of advice. I answered them ‘no, but they all… -
Legal
14 December 2012Webpage
International Covenant on Civil and Political Rights – List of issues prior to reporting
This submission is made by the Australian Human Rights Commission, Australia’s national human rights institution. It outlines a number of issues that the Commission suggests should be considered by the Human Rights Committee as it develops a List of Issues Prior to Reporting ahead of Australia’s preparation of its sixth periodic report regarding the implementation of the International… -
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… -
27 November 2015Book page
The need for better engagement - Year in review
1.1 Introduction In last year’s Social Justice and Native Title Report, I raised concerns about the changes resulting from the 2014-15 Budget and the restructure to Indigenous Affairs through the Indigenous Advancement Strategy (IAS). Despite initial concerns about how these changes would impact our communities, I indicated that the streamlining of programs and the move away from a ‘one size… -
15 July 2014Book page
Chapter 4: Human rights in practice – alcohol policy
4.1 Introduction Alcohol consumption, misuse and related harm are some of the most challenging issues confronting communities across the length and breadth of Australia. These challenges are not limited to Aboriginal and Torres Strait Islander communities, but confront every demographic in Australian cities and towns. From Kings Cross to Halls Creek, St Kilda to Santa Teresa – communities… -
15 July 2014Book page
Chapter 3: How do we keep moving forward? A road map for our future
3.1 Introduction In chapters 1 and 2, I look back over the past 20 years that the Social Justice Commissioner position has been in place and think about the journey and our learning over this time. In this chapter, I want to explore how those lessons can take us forward to chart a confident course into the future and how the realisation of our rights can produce long term sustainable… -
Legal
19 August 2013Submission
Information concerning Australia and the Convention on the Rights of Persons with Disabilities
Australian Human Rights Commission Submission to the UN Committee on the Rights of Persons with Disabilities 1 Introduction This submission is made by the Australian Human Rights Commission, Australia’s national human rights institution. It outlines a number of issues that the Commission suggests should be considered by the Committee on the Rights of Persons with Disabilities as it develops… -
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: