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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 in ... -
Commission – General14 December 2012Speech
Speeches by the Hon. John von Doussa, President, Australian Human Rights Commission
Note: Hon. John von Doussa, term as President ended in October 2008. The Hon. Catherine Branson was appointed President of the Australian Human Rights Commission on 7 August 2008 for five year term. -
Legal14 December 2012Webpage
Submissions - MV Tampa
1. On 1 September 2001, the Human Rights and Equal Opportunity Commission ("the Commission") was granted leave to intervene in both proceedings. For the reasons outlined in paragraphs 8 and 10 of the judgment of His Honour Justice North, the Commission has become a party. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
Australia is a signatory to a number of International Conventions, which are relevant to mandatory detention of children in Australia’s immigration detention centres. Under International law, each of the conventions that Australia has ratified is binding on the Australian state, which is obliged to bring its domestic laws into conformity with their stipulations. In Australia, International Conventions do not have legal force in domestic law, and cannot be directly applied by the domestic courts in Australia, unless the Australian Parliament enacts them into legislation. -
29 January 2015Book page
1 Introduction
1.1 A snapshot of children in detention 1.2 Australian law and the detention of children 1.3 Does the Government owe a duty of care to children in detention? 1.4 International law and the detention of children My hope finished now. I don’t have any hope. I feel I will die in detention . (Unaccompanied 17 year old, Phosphate Hill Detention Centre, Christmas Island, 4 March 2014) Drawing by primary ... -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
This submission is made on behalf of the Australian Catholic Migrant and Refugee Office (ACMRO). It addresses some of the terms of reference of the Inquiry. -
14 December 2012Book page
Commission Website: 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 forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties. -
28 October 2013Book page
1 Introduction
This report draws upon the extensive work the Australian Human Rights Commission has undertaken in the area of Australian law, policy and practice relating to asylum seekers, refugees and immigration detention. The Commission’s work has included conducting national inquiries, examining proposed legislation, monitoring and reporting on immigration detention, and investigating complaints from ... -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
This submission provides information relevant to the treatment of children in detention for the Human Rights and Equal Opportunity Commission's national inquiry into the situation of children in immigration detention. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The National Program on Refugees and Displaced People operates under the Christian World Service Commission of the National Council of Churches in Australia, which has been assisting refugees to resettle in Australia since 1948. -
Asylum Seekers and Refugees8 July 2013Webpage
The Commission's role
Asylum seekers, refugees and people in immigration detention Over the last decade the Commission has worked to promote and protect the human rights of asylum seekers, refugees, and people in immigration detention. This work has included: i nvestigating complaints about alleged breaches of human rights in immigration detention conducting visits to immigration detention facilities and publishing ... -
Asylum Seekers and Refugees17 July 2015Publication
Summary factsheet - The Forgotten Children: National Inquiry into Children in Immigration Detention 2014
The Forgotten Children: National Inquiry into Children in Immigration Detention 2014 Summary factsheet July 2015 What was the Inquiry about? On 3 February 2014 the President of the Commission announced a national inquiry into children in immigration detention. The purpose of the Inquiry was to investigate the ways in which life in immigration detention affects the health, well-being and ... -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Department of Justice and Youth Studies at the Royal Melbourne Institute of Technology The Department of Justice and Youth Studies (JYS) is part of the Faculty of Education, Language and Community Services (FELCS) at RMIT University. JYS offers undergraduate courses in Criminal Justice Administration and Youth Affairs, as well as Masters by Research and PhD programs. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The following material was provided to the Inquiry by Michael Williams, Chairman of the Swedish Network of Refugee and Asylum Support Groups in a series of emails in April 2003. -
14 December 2012Book page
National Inquiry into Childen in Immigration Detention - Background Paper 1: Introduction
In November 2001, the Human Rights Commissioner announced an Inquiry into the adequacy and appropriateness of Australia's treatment of child asylum seekers and other children who are, or have been, held in immigration detention, including: -
14 December 2012Book page
National Inquiry into Children in Immigration Detention - Background Paper 2: Culture and Identity
In those States in which ethnic, religious or linguistic minorities … exist, a child belonging to such a minority … shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
The Federation of Parents and Citizens' Associations of New South Wales is committed to a free public education system which is open to all people irrespective of culture, gender, academic ability and socio-economic class and empowers students to control their own lives and be contributing members of society. This commitment is based on the belief that: -
Legal14 December 2012Speech
Human Rights and Climate Change: A Tragedy in the Making - Hon John von Doussa QC
I am very pleased to be here talking about Human Rights and Climate Change in the first of HREOC’s seminar series celebrating the 60th Anniversary of the Universal Declaration of Human Rights (the ‘Declaration’).1 -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
1. The provisions made by Australia to implement its international human rights obligations regarding child asylum seekers, including unaccompanied minors -
14 December 2012Book page
National Inquiry into Children in Immigration Detention - Background Paper 4: Health and Nutrition
1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.