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Asylum Seekers and Refugees14 December 2012Publication
DIAC Response to the Australian Human Rights Commission report on the use of community arrangements for asylum seekers, refugees and stateless persons who have arrived to Australia by boat
The Department of Immigration and Citizenship welcomes the opportunity to respond to the Australian Human Rights Commission (AHRC) report on the use of community arrangements for asylum seekers, refugees and stateless persons who have arrived to Australia by boat. -
14 December 2012Book page
Commission Website: National Inquiry into Children in Immigration Detention
This submission will focus on the current Australian immigration detention regime as it applies to minors. The regime will be examined based on data and information made available by the Department of Immigration and Multicultural and Indigenous Affairs (“DIMIA”) and supporting documentation ranging from government publications, the Flood Inquiry and testimonies given to the Australian Human Rights and Equal Opportunity Commission “HREOC” under oath. -
Commission – General15 March 2024Speech
Australian Human Rights Commission’s complaint handling jurisdiction
Civil Justice Research Conference 2019 Macquarie University, Sydney Emeritus Professor Rosalind Croucher AM [ Professor Croucher spoke to this paper ] Abstract The complaint handling role of the Australian Human Rights Commission from time to time attracts some attention in the media—but not always for constructive reasons. This presentation set out the real story. It is one that is a worthy one ... -
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 ... -
Commission – General14 December 2012Speech
Site navigation
The topic for discussion is the role of human rights in good governance. Along the way I will touch on HREOC’s perceptions of cultural change at DIMA, legal roadblocks to cultural change, and the importance of human rights principles in the law and policy making process. -
Legal14 December 2012Webpage
Inquiry into older people and the law (6 June 2007)
We appeared before the House Standing Committee on Legal and Constitutional Affairs (‘Committee’) in its Inquiry into older people and the law (‘Inquiry’) on 15 May 2007. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
This paper contains a comparison of the policies and procedures of Australia, the United Kingdom, the United States and Canada for dealing with children as asylum seekers. This comparison reveals two main differences. -
Legal14 December 2012Webpage
CHEN YUAN FA v Federal Government
The Human Rights and Equal Opportunity Commission ("the Commission") was established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). On 13 April 1995, Carr J. directed that leave be granted to the Commission, pursuant to s.11(1)(o) of the HREOC Act, to file and serve written submissions in these matters limited to the issues referred to in the application, no later than 14 days prior to the hearing. -
14 December 2012Book page
Report of an inquiry: Mr Zacharias Manongga
Pursuant to section 11(1)(f)(ii) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into a complaint by Mr Zacharias Manongga Consul for the Northern Territory, consul of the Republic of Indonesia that the human rights of Indonesian Fishers detained on vessels in Darwin Harbour were breached by the Commonwealth of Australia. -
14 December 2012Book page
DIAC Response to the 2011 Australian Human Rights Commission Statement on Immigration Detention in Villawood
The Department of Immigration and Citizenship (DIAC) welcomes the opportunity to respond to the Australian Human Rights Commission (AHRC) public statement on Immigration Detention at Villawood. -
14 December 2012Book page
A Report on Visits to Immigration Detention Facilities by the Human Rights Commissioner 2001
1.1 Background to this report 1.2 Compliance with human rights obligations 1.3 Conduct of visits 1.4 Overview of immigration detention facilities 1.5 Response by Department of Immigration and Multicultural and Indigenous Affairs -
14 December 2012Book page
7 Some further aspects of the treatment of the young Indonesians
As discussed in Chapter 1, Australia’s international human rights obligations require that individuals who say that they are children be given the benefit of the doubt and treated as minors unless there is proof to the contrary. In the case of unaccompanied children, this should lead to consideration by the State of what steps need to be taken to ensure their special protection and care. -
14 December 2012Book page
National Inquiry into Children in Immigration Detention
Refugee Advice Casework Service (RACS) is a Community Legal Service which provides free legal advice and representation to asylum seekers in the community and detention in Australia. -
14 December 2012Book page
Recommendations
Recommendation 1: The Migration Act 1958 (Cth), and if appropriate the Crimes Act 1914 (Cth), should be amended to make clear that for the purposes of Part 2, Division 12, Subdivision A of the Migration Act, an individual who claims to be under the age of 18 years must be deemed to be a minor unless the relevant decision-maker is positively satisfied, or in the case of a judicial decision-maker, satisfied on the balance of probabilities after taking into account the matters identified in s 140(2) of the Evidence Act 1995 (Cth), that the individual is over the age of 18 years. -
14 December 2012Book page
HREOC Website: National Inquiry into Children in Immigration Detention
Comments on Transcripts of the Public hearings for DIMIA and ACM by Philippa Goodwin, Deputy Secretary DIMIA Comments on Transcript of the Public Hearing held in Sydney on 2 December 2002 Comments on Transcript of the Public Hearing held in Sydney on 3 December 2002 Comments on Transcript of the Public Hearing held in Sydney on 4 December 2002 Comments on Transcript of the Public Hearing held in ... -
Legal24 April 2015Submission
Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2015 (Cth)
1 Introduction The Australian Human Rights Commission makes this submission to the Senate Legal and Constitutional Affairs Legislation Committee in its Inquiry into the Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2015 (Cth) (Bill) introduced by the Government. 2 Summary The Commission welcomes the opportunity to make a submission about this Bill. Given the limited time ... -
Legal14 December 2012Webpage
Submission to the Clarke Inquiry on the Case of Dr Mohamed Haneef (2008)
The Human Rights and Equal Opportunity Commission (‘HREOC’) makes this submission to the Clarke Inquiry, which has been established to inquire into the case of Dr Mohamed Haneef. This inquiry raises important issues of law and practice and HREOC welcomes the opportunity to make a submission. -
14 December 2012Book page
HREOC Report No. 35
Pursuant to section 11(1)(f) and 20(1) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth), I attach a report of my inquiry into a complaint against the Commonwealth of Australia (Department of Immigration and Multicultural Affairs) and GSL (Australia) Pty Ltd. I have found that acts done on behalf of the Commonwealth were contrary to the human rights of the complainant as provided for in articles 7 and 10 of the International Covenant on Civil and Political Rights. -
Legal14 December 2012Webpage
Submission: MIGRATION LITIGATION REVIEW
1. The Human Rights and Equal Opportunity Commission (‘the Commission’) has been invited to make submissions in relation to the Migration Litigation Review (‘the Review’), being conducted by Ms Hilary Penfold QC, First Parliamentary Counsel. -
14 December 2012Book page
Community arrangements -asylum seekers, refugees and stateless persons
This year marks the twentieth anniversary of Australia’s introduction of mandatory immigration detention and the eighteenth anniversary of the system of mandatory, indefinite immigration detention. In the current context, it is apt to recall that mandatory detention was introduced in reaction to the arrival of asylum seekers by boat, with concerns about a potential ‘influx’ spurring bipartisan support for increasingly tough measures on persons who arrived in Australia without a visa.[8]