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Rights and Freedoms
31 July 2013Book page1 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 2013PublicationBackground 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. -
30 July 2013Book page
9 Your right to choose where you live
You have the right to choose where you live. As you grow older, your housing needs may change. For example, you may become less independent, choose to downsize, or have a desire to live closer to family. Know your rights in each of these situations. This chapter provides information about the different housing options available in retirement. 9.1 Staying at home: finance options If you would… -
30 July 2013Book page
14 Your right to support when someone has died
Losing someone close is very difficult. For that reason, it is important that you are aware of the services and supports that are available when you are bereaved. This chapter provides information about the services that can assist you after the loss of a loved one. 14.1 Income support after bereavement Financial support is available to eligible people to assist with the financial adjustment… -
Rights and Freedoms
23 July 2013Webpage
Community Relations Papers (1975 - 1982)
The office of the Commissioner for Community Relations was established by the Racial Discrimination Act 1975 as originally passed, and continued as part of the Human Rights Commission from 1981 to 1986. In December 1986 this office was replaced by the Race Discrimination Commissioner, established as part of the Human Rights and Equal Opportunity Commission and now the Australian Human Rights… -
Sex Discrimination
22 July 2013Book pageChapter 9: Accommodation and Supervision (Recommendations 19-21)
Key findings of Review High profile incidents that occurred in the residential accommodation made accommodation and supervision an area of particular concern to the Review. Well supervised residential settings can significantly minimise the risk of unacceptable behaviour. The residential setting at ADFA is a complex place, encompassing home, place of study and place of work for… -
22 July 2013Book page
Chapter 10: Minimising risk and ensuring the safety of the workplace
10.1 Education Key findings of Review ADFA provided undergraduates with limited education about healthy and respectful relationships, issues regarding consent, the meaning and appropriateness of sexist language and behaviour, and issues regarding controlling and threatening behaviour. The 2011 Unacceptable Behaviour Survey indicated that incidents of inappropriate conduct and inappropriate …