The Australian Government should not be allowed to pick and choose what detention facilities can be scrutinised under the UN anti-torture treaty, the Human Rights Law Centre said in a submission to the Human Rights Commission.
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 grant or refuse a visa must comply with Australia’s international human rights obligations – particularly those contained in the International Convention on the Rights of Persons with Disabilities– and the standards of non-discrimination set out in the Disability Discrimination Act (DDA).
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 on Civil and Political Rights, the Convention on the Rights of the Child and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
On 28 September 2009, the Human Rights Law Resource Centre made a submission to the inquiry, entitled The Right to Protection and the Obligation of Non-Refoulement.
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 to unlawful non-citizens’.
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 submissions from NGOs on the Concluding Observations and for suggestions as to what follow-up action might be taken. On 1 September 2008, the Human Rights Law Resource Centre made a submission to Government regarding domestic implementation of the Committee's Concluding Observations.
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.
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.
This Communication to the UN Human Rights Committee under the First Optional Protocol to the International Covenant on Civil and Political Rights was prepared and submitted by the Public Interest Law Clearing House (Vic) on behalf of an asylum seeker alleging violations of the right to freedom from torture pursuant to art 7 and the right to freedom from arbitrary detention pursuant to art 9.
The communication was withdrawn after the asylum seeker was granted a Protection Visa