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The Paris Principles set out the minimum standards required by national human rights institutions to be considered credible and to operate effectively. [94] In order to be effective and granted an ‘A status’, national human rights institutions must be independent, adequately funded and have a broad human rights mandate. ACHRA encourages the new Government to ensure that the Australian Human…

Treaty Key dates Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) The fifth periodic report was submitted in July 2013 (due in August 2012) Convention on the Rights of Persons with Disabilities (CRPD) Australia appeared before the committee in September 2013 Convention on the Elimination of Racial Discrimination (CERD) The report was due October…

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 …

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…

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…

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…

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…