Refugees with adverse security assessments

The Commission has serious concerns about the situation for people who have been found to be refugees, but who have received adverse security assessments from the Australian Security and Intelligence Organisation (ASIO). For information about refugees with adverse security assessments, see the Commission’s fact sheet: Tell Me About: Refugees with Adverse Security Assessments.

In August 2013 the UN Human Rights Committee found that the indefinite detention of a group of 46 refugees with adverse security assessments was arbitrary (and therefore violated article 9(1) of the International Covenant on Civil and Political Rights (ICCPR), and was inflicting serious psychological harm upon them, which amounted to cruel, inhuman or degrading treatment contrary to article 7 of the ICCPR. For a summary of the UN Human Rights Committee's findings see Casenote: FKAG v Australia and MMM v Australia

For further information, see:

Reports:

• Asylum seekers, refugees and human rights: snapshot report 2013 (section 2)

Submissions:

• Submission to the Inquiry into the Migration and Security Legislation Amendment (Review of Security Assessments) Bill 2012 (December 2012)
• Submission to the Joint Select Committee on Australia’s Immigration Detention Network (August 2011)
• Submission to the Independent Review of the Intelligence Community (April 2011)

Complaints investigated by the Commission:

• Immigration detainees with adverse security assessments v Commonwealth of Australia (Department of Immigration and Citizenship) [2013] AusHRC 64
• Sri Lankan refugees v Commonwealth of Australia (Department of Immigration & Citizenship) [2012] AusHRC 56

Immigration detention reports:

• Community arrangements for asylum seekers, refugees and stateless persons: Observations from visits conducted by the Australian Human Rights Commission from December 2011 to May 2012 (section 6.2)
• 2011 Immigration detention at Villawood (section 8.4)
• 2011 report on Immigration Detention at Curtin (section 5.1)
• 2010 Immigration Detention on Christmas Island (section 10)

Media:

• Media Release - Right to merits review for refugees (May 2013)
• Media Release - Sri Lankan refugees v Commonwealth of Australia (Department of Immigration & Citizenship) (December 2012)
• Media Release - Commission welcomes announcement of independent review of adverse security assessments (18 October 2012)
• Media Release - Commission welcomes ASIO High Court ruling but urges immediate Government action (8 October 2012)