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Rights and Freedoms
16 August 2013PublicationHuman Rights for Australia
Discover a survey of human rights literature and a select bibliography that was prepared for the former Human Rights Commission between 1981 and 1986. -
Legal
6 August 2013SubmissionReview of the Sex Standard
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Legal
6 August 2013Submission
Australian Government Guidelines on the Recognition of Gender: Consultation Draft
Examine the draft guidelines on the recognition of gender by the Australian government. -
Asylum Seekers and Refugees
1 August 2013WebpageVisa cancellation on character grounds
Read about the process of visa refusal or cancellation on grounds of character and the human rights concern raised by the consequences of this process. -
Rights and Freedoms
31 July 2013Book page
1 Summary
Under section 501 (and/or sections 501A and 501B) [1] of the Migration Act 1958 (Cth) (Migration Act), a non-citizen’s application for a visa may be refused or their visa may be cancelled if they do not satisfy the Minister for Immigration and Citizenship (the Minister), or the Minister’s delegate, that they pass the ‘character test’. During the 2011-12 financial year 88 people had their… -
31 July 2013Book page
4 What are the human rights issues raised by refusal or cancellation of visas under section 501?
The Commission has a number of concerns about the impact on the human rights of people whose applications for visas are refused or whose visas are cancelled under section 501 of the Migration Act. The Commission is particularly concerned about the consequences for: refugees who have their applications for protection visas refused on character grounds long-term permanent residents of… -
31 July 2013Book page
5 Can a person seek review of a decision under section 501 to refuse or cancel a visa?
5.1 Access to merits review Depending on the circumstances, a person who has an application for a visa refused or a visa cancelled under section 501 may be able to apply to the Administrative Appeals Tribunal (AAT) for review of the merits of the decision, or they may only be able to challenge the legality of the decision through the courts. Whether the person can apply for merits review by… -
Rights and Freedoms
31 July 2013Book page
6 Links to further information
6.1 Commission projects and publications The Commission has considered issues relating to the human rights of people impacted by section 501 visa refusals or cancellations in the following work: The Commission’s report: 2011 Immigration detention at Villawood: Summary of observations from visit to detention facilities at Villawood [106] The Commission’s 2009 submission to the Senate Standing… -
Asylum Seekers and Refugees
31 July 2013Publication
Background paper: Human rights issues raised by visa refusal or cancellation under section 501 of the Migration Act
This background paper sets out some basic information about the process of visa refusal and cancellation under section 501, and discusses these human rights concerns about the process and its consequences.