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Commission - General
29 October 2013PublicationAnnual Report 2012-2013
The role of the ºÚÁÏÇ鱨վ is to see that human rights and fundamental freedoms are understood and respected in law, policy and practice. The Commission is independent from government, with a legislative mandate, and recognised internationally as an ‘A Status’ National Human Rights Institution. We strive to resolve complaints, encourage positive law reform and build a… -
Commission - General
28 October 2013Book page
1 Introduction
This report draws upon the extensive work the ºÚÁÏÇ鱨վ 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 … -
28 October 2013Book page
2 Onshore detention and processing
2.1 Mandatory immigration detention It is mandatory under the Migration Act for every non-citizen who is in Australia without a valid visa to be detained, regardless of his or her individual circumstances. [24] Once detained, unlawful non-citizens must remain in detention until they are either granted a visa or removed from Australia. [25] The majority of unlawful non-citizens are detained… -
28 October 2013Book page
3 Third country processing
As at 23 September 2013 there were 710 asylum seekers detained in the ‘regional processing centre’ on Nauru and 798 asylum seekers detained in the centre on Manus Island. [145] It is estimated that there are currently at least 44 children in the regional processing centre on Nauru, all of whom were transferred with their families as part of the new RSA, having arrived in Australia after 19… -
28 October 2013Book page
4 Proposed policy changes
Prior to the federal election on 7 September 2013, the then Opposition announced a number of policies which it would implement, if elected, to deter asylum seekers arriving in Australia by boat and to reform Australia’s refugee status determination process. Some of the key proposals which are relevant to the Commission’s mandate are briefly considered below. 4.1 Temporary Protection Visas… -
28 October 2013Book page
Appendix 1: Key human rights obligations
Australia’s key human rights obligations which are relevant to asylum seekers, refugees and people in immigration detention are set out below. People should not be returned to a country where their life or freedom would be threatened (referred to as ‘ refoulement’) [208] Everyone has the right not to be subjected to arbitrary detention [209] ºÚÁÏÇ鱨վ should only be detained as a measure of…