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14 December 2012Book page
DIAC response to 2008 Immigration detention report - Summary of Observations following the Inspection of Mainland Immigration Detention Report
The Department of Immigration and Citizenship (DIAC) welcomes the release of the 2008 Immigration Detention Report by the Australian Human Rights Commission (AHRC) and acknowledges the important independent scrutiny of the immigration system provided by the AHRC. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
“I saw an Afghani guy cut his own throat in my compound – he was working with me in the kitchen that day, and after work, he went outside and he cut himself up everywhere. It was really hard. Even the officers started crying when this happened”. [17–year–old asylum-seeker] -
14 December 2012Book page
HREOC Report No. 18
1. The commission's jurisdiction 2. The complaint 3. The complainant's evidence and submissions 4. Respondent's response 5. Documentary material before the commission 6. Conciliation 7. Preliminary findings of Commissioner Sidoti 8. Response to Commissioner Sidoti's preliminary findings 9. My Further Preliminary Findings 10. Respondent's response to my Further Preliminary Findings 11. Section 21 Notice 12. Findings of fact 13. Findings on liability 14. Article 10 15. Article 9(1) 16. Recommendations -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
[This is an extract from my honours thesis analysing Australia’s Mandatory Detention Policy giving special attention to the implications on refugee children.] -
14 December 2012Book page
HREOC REPORT NO. 39: Complaint by Mr Huong Nguyen and Mr Austin Okoye
I attach a report of my inquiry into complaints by Mr Huong Hai Nguyen and Mr Austin Okoye against the Commonwealth of Australia and GSL (Australia) Pty Ltd, pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth). -
Legal14 December 2012Webpage
Consideration of Australia’s ratification of the Optional Protocol to the Convention against Torture
The Australian Human Rights Commission makes this submission to the Joint Standing Committee on Treaties (JSCOT) in its consideration of Australia’s ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
1. The adequacy and effectiveness of the policies, agreements, laws, rules and practices governing children in immigration detention or child asylum seekers and refugees residing in the community after a period of detention -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
Article 3(1) of the United Nations Convention on the Rights of the Child provides that a child's best interests are to be a primary consideration in all actions concerning them. The Australian system, whereby the guardian of unaccompanied child asylum seekers is the Minister for Immigration and Multicultural and Indigenous Affairs, rather than an authoritative, independent statutory body, does not ensure that the requirements of article 3(1) are met. -
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
5. Protecting the Human Rights of Children in Immigration Detention
Australia is responsible for ensuring that all children in its jurisdiction can enjoy all applicable human rights, including those in the Convention on the Rights of the Child (CRC), International Covenant on Civil and Political Rights (ICCPR) and Refugee Convention. That responsibility may be executed through legislation, executive action and the judicial system. Subject to the Australian Constitution, some of those functions may be fulfilled by State legislatures, executive bodies, courts or private entities. -
14 December 2012Book page
Community arrangements for asylum seekers, refugees and stateless persons
There are a host of benefits associated with community arrangements for asylum seekers, refugees and stateless persons. Community arrangements are more closely aligned with international human rights law and standards than models of indefinite closed immigration detention. They also provide for far more humane treatment of people seeking protection. -
Legal14 December 2012Webpage
Migration Amendment (Immigration Detention Reform) Bill 2009
Recommendation 1: The Bill should be amended to ensure that detention in immigration detention centres is only used as a last resort and for the shortest practicable time, as committed to in Value 5. The words ‘The Parliament affirms as a principle that’ in section 4AAA(2) should be deleted. -
Children's Rights14 December 2012Webpage
Children and young people
Most violence is perpetrated against children and young people by someone they know, often in the family. Addressing family violence raises multiple challenges due to its ‘private’ nature and the widespread recognition that the family is the natural environment for its members and should provide physical and emotional safety.[63] -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
Kristina Barnett - Diversity Directions Inc. Diana Collett - Child & Youth Health and South Australians for Justice for Refugees Tina Dolgopol - President of Action for Children Inc Julie Redman - Chair of the Children and the Law Committee, Law Society of South Australia Rosemary Steen - Chair of the Coalition, Children and the Law Committee, Law Society of South Australia Carey Trundle - Children and the Law Committee, Law Society of South Australia -
Legal14 December 2012Webpage
Submission - Inquiry into the Migration Amendment (Strengthening the Character Test and Other Provisions) Bill (2011)
The Australian Human Rights Commission welcomes the opportunity to make this submission to the Senate Standing Committees on Legal and Constitutional Affairs in its Inquiry into the Migration Amendment (Strengthening the Character Test and Other Provisions) Bill 2011. -
Legal14 December 2012Webpage
Submission to National Human Rights Consultation (2009)
The Australian Human Rights Commission (the Commission) welcomes the opportunity to make this submission to the National Human Rights Consultation (the Consultation). -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
Australia's Immigration Detention Centres are contradictory to the human rights of the child. The Immigration Detention experience is extremely harmful to children and has effects of traumatisation and re-traumatisation during the Detention experience and continuing after release. Concerning alternatives to Detention, the present options are also not geared towards the best interest of the child. -
14 December 2012Book page
Community arrangements for asylum seekers, refugees and stateless persons - Some barriers to use of community arrangements
Despite the significant positive developments of the past two years, the Commission remains seriously concerned about some aspects of Australian law and policy on asylum seekers, refugees and immigration detention. The Commission is primarily concerned about the prolonged or indefinite detention and lack of durable solutions or substantive visa pathways for certain groups of people in immigration detention. These include stateless persons; refugees who have received adverse security assessments; and refugees who are of interest to or have been charged by the Australian Federal Police (AFP). -
14 December 2012Book page
Summary of Observations following the Inspection of Mainland Immigration Detention Facilities (2006)
The following notes are a brief summary of the observations made by the Human Rights and Equal Opportunity Commission’s (HREOC) President, Human Rights Commissioner and staff. HREOC emphasises that these summary notes and recommendations are based solely on what we personally observed and heard from staff and detainees during our visits. -
Legal14 December 2012Webpage
Inquiry into the administration and operation of the Migration Act 1958
Thank you for inviting the Commission to make a submission to the Senate Legal and Constitutional References Committee's Inquiry into the administration and operation of the Migration Act 1958 (Cth) ('Migration Act').