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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).

Australia is a wealthy nation. In 2003, Australia ranked fourth in the United Nations Human Development Index (1) indicating Australians enjoyed one of the highest qualities of life in the world. Overall, Australia ranks equal fourth with the highest life expectancy at birth (79.0 years) suggesting Australians are among the healthiest people in the world. (2)

5.1 Mandatory detention and lawfulness 5.2 Arbitrariness 5.3 Review of detention 5.4 Shortest appropriate period of time 5.5 Decision-making in relation to children 5.6 Minimum conditions of detention 5.7 Duty of care 5.8 Findings in relation to detention law, policy and practice Both domestic and international human rights law are clear when it comes to the detention of children. The detention of ...

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 complaints made by twenty six immigration detainees at the Curtin Immigration Reception and Processing Centre. I have found that acts or practices of the Commonwealth, namely placing some of the complainants in separation detention for periods of between three and eight months, were inconsistent with or contrary to the human rights of those detainees as provided for in Article 10(1) of the International Covenant on Civil and Political Rights.

The following section outlines the relevant legal and policy framework, including the international human rights framework. 8.1 International legal framework The rights of older persons are protected by a number of key international human rights treaties. [27] However, there is no specific United Nations convention on the rights of older persons. [28] Some of the key rights protected under ...

The recognition of native title by the High Court in 1992 was a significant development in the legal apparatus for protecting Indigenous culture. Under the concept of native title it is possible that sacred and significant sites and objects might be protected, not within the historical category of Aboriginal heritage, but as matters valued in contemporary Indigenous culture with current significance to a people whose culture is ongoing. In addition, under native title such protection could be provided, not as an act of beneficence by government, but as a matter of legal right.

Key findings of Review The ADF Review found that flexibility is imperative for many Defence members, and that a lack of flexible work options – be that real or perceived – was acting as a serious impediment to retention. The ADF Review reported that in all three Services: There is an increased propensity for women to leave the ADF at points that coincide with a typical point where personnel ...

The United Nations High Commissioner for Refugees (UNHCR) estimates that around half of the 50 million displaced persons in the world are children. Around 10 million of these children are under the care of UNHCR. Approximately 100,000 separated children roam Western Europe.(1) During 1999 alone, more than 20,000 separated children applied for asylum in Western Europe, North America or Australia.(2) Of those 20,000 unaccompanied children, 46 travelled to Australia to seek asylum. In the same year a further 202 children sought asylum in Australia with their families.(3)

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

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…