Reports of complaints relating to immigration detention

Reports of complaints under the AHRC Act

The Commission can inquire into complaints of breaches of human rights under the Australian Human Rights Commission Act 1986 (Cth) (AHRC Act).

When the Commission receives a complaint of an alleged breach of human rights the Commission will attempt to resolve the complaint through conciliation.

If conciliation is unsuccessful and the Commission finds that there has been a breach of human rights then the Commission can prepare a report of the complaint, including recommendations for action, for the Federal Attorney General. The report must be tabled in Parliament.

A full list of the reports that the Commission has made to the Attorney General under the AHRC Act are available here.

Recent reports that have found human rights breaches in connection with immigration detention include:

• No. 62 – Ince v Commonwealth of Australia (Department of Immigration and Citizenship) (2013)
• No 58 - BB v Commonwealth of Australia (Department of Immigration and Citizenship) (2012)
• No 56 - Sri Lankan refugees v Commonwealth of Australia (Department of Immigration and Citizenship) (2012)
• No 55 - BZ and AD v Commonwealth of Australia (Department of Immigration and Citizenship) (2012)
• No 53 - Miss Judy Tuifangaloka v Commonwealth of Australia (Department of Immigration and Citizenship) (2012)
• No 52 - Mr SD v Commonwealth of Australia (Department of Immigration and Citizenship) (2012)
• No 51 - Brown v Commonwealth of Australia (Department of Immigration and Citizenship) (2012)
• No 49 - Cherkupalli v Commonwealth of Australia (Department of Immigration & Citizenship) (2012)
• No 47 - Mr Heyward v Commonwealth of Australia (Department of Immigration and Citizenship) (2011)
• No. 46 - Yousefi family v Commonwealth of Australia (Department of Immigration and Citizenship) (2011)
• No. 45 - Mr Al Jenabi v Commonwealth of Australia (Department of Immigration and Citizenship) (2011)
• No. 44 - Mr Toro-Martinez v Commonwealth of Australia (Department of Immigration and Citizenship) (2011)
• No. 43 - Mr NK v Commonwealth of Australia (Department of Immigration and Citizenship) (2011)
• No. 41 - El Masri v Commonwealth (Department of Immigration and Citizenship) (2009)
• No. 40 - Complaints by immigration detainees against the Commonwealth of Australia (Department of Immigration and Citizenship, formerly the Department of Immigration and Multicultural and Indigenous Affairs) and GSL (Australia) Pty Ltd (2009)