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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.

This submission addresses some of the issues and questions raised in the background papers prepared by the Human Rights and Equal Opportunity Commission (HREOC) and in relation to the United Nations Convention on the Rights of the Child (1989) and the Convention Relating to the Status of Refugees (1951) and its 1967 Protocol (the Refugee Convention). The conclusions drawn in this submission arise out of the experiences of staff and members of the Uniting Church in Australia. We do acknowledge that the evidence presented here is therefore anecdotal.

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

2. Recognises the obligations of the Australian Federal Government as a signatory, on 22nd August, 1990, to the Convention on the Rights of the Child as at 15th October 1996 (187), this coming into force on 16th January 1991.

The United Nations Youth Association of Australia welcomes the opportunity to contribute to the Human Rights and Equal Opportunity Commission Inquiry into Children in Immigration Detention. The issue of immigration detention for children has been coming under increased scrutiny in the past eight months. As far as it affects our international standing, the standards by which we treat children and our policies regarding refugees, it is a matter of great importance, which must be rigorously discussed in the public arena.

The Association of Major Charitable Organisations welcomes the opportunity to provide a submission to the Human Rights and Equal Opportunity Commission's National Inquiry into Children in Immigration Detention.

This submission has been prepared by staff and law students from the Southern Communities Advocacy Legal and Education Service Inc (SCALES). The students worked on this submission as part of a course offered through Murdoch University School of Law in Advanced Clinical Legal Education. This unit is conducted at the School's Law Clinic - SCALES which is also a community legal centre that provides free legal advice, information and representation to low income people living in the Kwinana, Rockingham and Mandurah areas.

1. The provisions made by Australia to implement its international human rights obligations regarding child asylum seekers, including unaccompanied minors

The Australian Human Rights Commission (the Commission) visited immigration detention facilities in Darwin from 6 to 10 September 2010. The visit was conducted by Commission President and Human Rights Commissioner, Catherine Branson QC, as well as Commission staff and consultants including a consultant psychiatrist.

The Commission is a national independent statutory body established under the Human Rights and Equal Opportunity Commission Act 1986. It has a President and five Commissioners. The five positions are currently held by three persons. Please refer to the organisational chart for further information.

The Refugee Council of Australia welcomes the Inquiry by the Human Rights and Equal Opportunity Commission into Children in Immigration Detention. In our opinion, this is a very timely and important Inquiry into an area of great significance to Australia as a nation and to the way that Australia is perceived internationally.

In accordance with the general principle stated at Guideline 2 and the UNHCR [1] Guidelines on Refugee Children, minors who are asylum seekers should not be detained…

The Tasmanian Government recognises the Federal Government's responsibilities for the management of immigration to Australia. During the last decade a policy of mandatory detention has been established for those who enter Australia without proper authority (an appropriate visa). A period of detention allows the Commonwealth Government to ensure that those unauthorised arrivals do not have a health status, character or criminal record of concern to the Government.

from Behaviours Associated with Victimisation in The Impact of Current and Traumatic Stressors on the Psychological Well-Being of Refugee Communities. [1]

Media Pack Homepage Statements by Dr Sev Ozdowski, Human Rights Commissioner (Audio Files for Download) Inquiry Commissioner and Assistants Biographies About the Inquiry Inquiry Methodology Terms of Reference Useful Links and Resources

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]

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: