Submissions – Refugee Rights

Fairness for children suspected of people smuggling offences: Submission to Senate Committee on Legal and Constitutional Affairs (30 Jan 2012)

 In a submission to the Senate Legal and Constitutional Committee, the HRLC has recommended the enactment of the Crimes Amendment (Fairness for Minors) Bill 2011 (Cth). The Bill, introduced by Greens’ Senator Sarah Hanson-Young, responds to concerns about Australia’s treatment of children and persons claiming to be children who are suspected of people smuggling crimes. [...]

Torture and Ill-Treatment: UN Committee against Torture review of Australia (12 Nov 2011)

Australia is scheduled to be reviewed by the UN Committee against Torture for its compliance with the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in 2012-13. This page contains a summary of the HRLC’s key activities and developments in relation to this review.   HRLC outlines further issues for Australia [...]

Retrospective Deterring People Smuggling Bill violates human rights and the rule of law (9 Nov 2011)

The Deterring People Smuggling Bill 2011 was introduced into Parliament on 1 November 2011. On 3 November 2011 the Senate referred the Bill for inquiry and report. The Bill amends the people smuggling offences in the Migration Act 1958. Existing sections 233A and 233C of the Migration Act establish a primary people smuggling offence and [...]

Refugee Rights: Submission on Migration Amendment (Strengthening the Character Test and Other Provisions) Bill 2011 (31 May 2011)

On 31 May 2011 the Centre made a submission to the Senate Legal and Constitutional Affairs Committee opposing the enactment of the Migration Amendment (Strengthening the Character Test and Other Provisions) Bill 2011. The Bill, introduced in response to recent unrest in the Christmas Island and Villawood Immigration Detention Centres, broadens the already significant power [...]

Asylum Seekers and Mandatory Detention: NGO Statement to UN Human Rights Council (30 May 2011)

On 30 May 2011, the UN High Commissioner for Human Rights, Navi Pillay, delivered her report on the global state of human rights to the UN Human Rights Council in Geneva.  The report deals with a wide range of international human rights issues, including Australia’s policy of mandatory immigration detention and the ongoing issue of [...]

Australia Called to Account for Mandatory Detention Policies by International Community (5 May 2011)

Australia’s human rights record was scrutinised by the UN Human Rights Council through the Universal Periodic Review Process in January 2011. During that review, a significant number of countries asked questions and made recommendations about Australia’s immigration policies and the practice of mandatory detention. Australia gave a preliminary oral response to those questions during the [...]

Australia has Legal Obligation to Implement Key Human Rights Reforms (1 April 2011)

The Australian Government has a legal obligation to implement key human rights reforms, according to a new submission from the Human Rights Law Centre [submission and annexure]. The submission to the Commonwealth Attorney-General’s Department considers each of 145 recommendations made to Australia by the international community during Australia’s Universal Periodic Review before the UN Human [...]

Asylum Seekers: Right to Protection and Non-Refoulement (19 Oct and 10 Nov 2010)

On 29 September 2010, the Human Rights Law Resource Centre sent a letter to to the Australian Government calling for the urgent enactment of legislation to provide complementary protection to asylum seekers at risk of persecution, torture or death if deported. Further, on 5 November 2010, the HRLRC, together with a coalition of leading refugee law academics [...]

Race Discrimination: UN Committee Releases Report and Recommendations on Australia (28 August 2010)

A high-level UN committee has found that Australia needs to take urgent measures to address racism and racial discrimination, disadvantage and inequality. On 27 August 2010, the UN Committee on the Elimination of Racial Discrimination released its Concluding Observations following a review of Australia’s compliance with the International Convention on the Elimination of All Forms of [...]

Race Discrimination: Fact Sheets for UN CERD Review of Australia (27 August 2010)

In August 2010, the UN Committee on the Elimination of Racial Discrimination reviewed Australia’s compliance with its international legal obligations to respect, protect and promote the human right to equality and freedom from racial discrimination. An NGO coalition, comprising the Human Rights Law Resource Centre, the National Association of Community Legal Centres and the Foundation [...]

Torture and Ill-Treatment: Submission to UN Committee against Torture on Australia (24 August 2010)

On 24 August 2010, the Centre provided a Submission to the UN Committee against Torture setting out a number of issues which we consider the Committee should include in its List of Issues for Australia Prior to Reporting in respect of Australia’s compliance with the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or [...]

Universal Periodic Review: Joint NGO Report on Australia (12 July 2010)

Australia is to be reviewed by the UN Human Rights Council through the Universal Periodic Review process in January 2011. A coalition of 68 NGOs - coordinated by the Human Rights Law Resource Centre, Kingsford Legal Centre and the National Association of Community Legal Centres - has submitted a 5 page Report to the UN Human Rights Council [...]

CERD: NGO Report for Review of Australia (7 July 2010)

Australia is scheduled to be reviewed by the UN Committee on the Elimination of Racial Discrimination in relation to its compliance with the International Convention on the Elimination of All Forms of Racial Discrimination in Geneva in August 2010.  In July 2010, the Human Rights Law Resource Centre, together with the National Association of Community [...]

ICCPR: Update on Australia to Human Rights Committee (7 July 2010)

On 2 April 2009, the UN Human Rights Committee adopted Concluding Observations in respect of Australia’s compliance with its obligations under the International Covenant on Civil and Political Rights. On 6 July 2010, the Human Rights Law Resource Centre made a Follow-Up Submission on Implementation of the Human Rights Committee’s Concluding Observations on Australia.  The submission [...]

NGO Report to CERD: Call for Endorsements by 30 June (18 June)

The Endorsement Draft of the NGO Shadow Report to the UN Committee on the Elimination of Racial Discrimination is now available. The report has been prepared over the last 5 months in consultation with a broad range of community organisations and NGOs in Australia and we hope that it will also be supported by even wider [...]

Refugee Rights: Processing Suspension Breaches International and Domestic Human Rights Law (23 May 2010)

The Human Rights Law Resource Centre has published a Joint Memorandum of Advice from three leading barristers (Debbie Mortimer SC, Chris Horan and Kathleen Foley) in relation to the lawfulness of the suspension of the processing of asylum claims made by Sri Lankan and Afghan nationals.  The detailed opinion concludes that the Australian Government’s policy is unlawful [...]

Disability Rights: Discrimination and Migration Law (Nov 2009)

The Joint Standing Committee on Migration is conducting an inquiry into the health requirements undertaken for Australian visa processing.  The current rules prevent many individuals and families from accessing visas because the applicant or a member of their family has a disability.    The Centre made a submission to the inquiry arguing that that decisions to [...]

Right to Protection and Obligation of Non-Refoulement: Submission on Complementary Protection Bill (Sept 2009)

The Senate Legal and Constitutional Affairs Committee is conducting an inquiry into the Migration Amendment (Complementary Protection) Bill 2009. Complementary protection is the protection owed by a State that falls outside the scope of the Refugee Convention.  Complementary protection obligations are found in the non-refoulement provisions of various human rights treaties, including the International Covenant [...]

Refugee Rights: Submission to Inquiry into Immigration Detention (Aug 2009)

On 2 August 2009, the Centre made a Submission to the Senate Legal and Constitutional Affairs Committee on the Migration Amendment (Immigration Reform) Bill 2009. The Bill is intended to ’implement the Government’s New Directions in Detention policy to increase clarity, fairness and consistency in the way the Minister and the Department of Immigration and Citizenship respond [...]

ICCPR: NGO Reports for UN Human Rights Committee Review of Australia (March 2009)

The UN Human Rights Committee will review the state of human rights in Australia in March 2009 in New York. On 16 and 23 March, the Committee will be briefed by a coalition of leading Australian human rights organisations, including the Human Rights Law Resource Centre, the National Association of Community Legal Centres and Amnesty International.  [...]

CAT: Implementation of Recommendations of UN Committee against Torture on Australia (Sept 2008)

On 16 May 2008, the Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment issued its Concluding Observations on Australia.  The Concluding Observations included 27 recommendations concerning Australia’s compliance with its obligations under the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. The Australian Government has called for [...]

Refugee Rights: Submission to Inquiry into Immigration Detention (Aug 2008)

On 29 May 2008, the Joint Standing Committee on Migration announced an inquiry into immigration detention in Australia. The Centre’s Submission to the Joint Standing Committee on Migration focuses on the need for Australia’s immigration detention regime to ensure the full implementation of Australia’s obligations under international human rights law. The Centre congratulates the Australian Government on its [...]

Refugee Rights: Offshore Processing of Refugees (May 2006)

This submission examines and discusses the Migration Amendment (Designated Unauthorised Arrivals) Bill 2006, particularly so far as it provides for offshore detention of those deemed to be designated unauthorised arrivals, and an alternative method of processing such asylum seekers which does not: provide them access to legal assistance; allow for merits review; and allow for [...]