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Asylum Seekers and Refugees
17 April 2013PublicationTell Me About: Bridging Visas for Asylum Seekers
1. What are bridging visas? Bridging visas are temporary visas which allow people to legally reside in the Australian community while they are applying for a longer term visa, appealing a decision relating to their visa, or making arrangements to leave Australia. Bridging visas can be granted to different groups of people, including asylum seekers who are seeking protection as refugees in… -
Asylum Seekers and Refugees
17 July 2015Publication
Summary factsheet - The Forgotten Children: National Inquiry into Children in Immigration Detention 2014
The Forgotten Children: National Inquiry into Children in Immigration Detention 2014 Summary factsheet July 2015 What was the Inquiry about? On 3 February 2014 the President of the Commission announced a national inquiry into children in immigration detention. The purpose of the Inquiry was to investigate the ways in which life in immigration detention affects the health, well-being and -
Asylum Seekers and Refugees
9 July 2013Webpage
Children in immigration detention page
Learn how the majority of children in immigration detention arrived in Australia by boat and that many came with family members but some arrived alone. -
Asylum Seekers and Refugees
31 January 2014Webpage
Information about children in immigration detention
Learn about the impact of mandatory immigration detention on children in regard to Australia's obligations under the Convention on the Rights of the Child. -
Asylum Seekers and Refugees
10 July 2013Webpage
Fact sheets and other publications about immigration detention, asylum seekers and refugees
Explore resources on children, refugees and asylum seekers in immigration detention such as mandatory detention, security assessments and protection visas. -
Legal
14 December 2012WebpageHREOC submission to Inquiry into Immigration Detention in Australia
Recommendation 1: The Migration Act should be amended so that detention occurs only when necessary. This should be the exception not the norm. It must be for a minimal period, be reasonable and be a proportionate means of achieving at least one of the aims outlined in international law (ExComm Conclusion 44). These limited grounds for detention should be clearly prescribed in the Migration Act. -
Asylum Seekers and Refugees
9 July 2013Webpage
Alternatives to detention
Learn about the alternatives to mandatory immigration detention that allow for the protection of the community while ensuring people are treated humanely. -
14 December 2012Book page
Discussion Paper: African Australians: A report on human rights and social inclusion issues (2009)
The Australia of 2009 is a proud multicultural nation. It is a nation, culturally, socially and economically formed by the unique combination of its First Nation peoples, its early settlers, and by the many waves of subsequent migration. As such, negotiating diversity and respecting people of all faiths, races, cultures and identities has evolved into an important characteristic of being a member… -
28 October 2013Book page
2 Onshore detention and processing
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… -
Asylum Seekers and Refugees
21 October 2013Publication
Casenote: FKAG v Australia and MMM v Australia
The UN Human Rights Committee has found that the indefinite detention of 46 refugees with adverse security assessments was arbitrary and amounted to cruel, inhuman or degrading treatment under the International Covenant on Civil and Political Rights (ICCPR). -
Rights and Freedoms
1 May 2013WebpageRight to security of the person and freedom from arbitrary detention
Learn how under human rights law, no person can be held under arbitrary arrest or detention, including persons in immigration detention. -
14 December 2012Book page
Background paper: Immigration detention and visa cancellation under section 501 of the Migration Act (2010)
Under section 501 of the Migration Act 1958 (Cth) (Migration Act), a non-citizen’s visa may be cancelled if they do not satisfy the Minister for Immigration and Citizenship (the Minister) or the Minister’s delegate that they pass the ‘character test’. -
14 December 2012Book page
Summary of Observations following the Inspection of Mainland Immigration Detention Facilities 2007
This report is a brief summary of the observations made by the Human Rights Commissioner and staff of the Australian Human Rights Commission (the Commission). These summary notes and recommendations are based on what we personally observed and heard from staff and detainees during our immigration detention facility inspections. -
14 December 2012Book page
Questions and Answers About Refugees & Asylum Seekers
According to the United Nations Convention and Protocol relating to the Status of Refugees (also called the Refugee Convention), a refugee is someone who is outside their own country and cannot return due to a well-founded fear of persecution because of their: -
14 December 2012Book page
2008 Immigration detention report - Summary of Observations following the Inspection of Mainland Immigration Detention Facilities
This report contains a summary of observations by the Australian Human Rights Commissioner, Graeme Innes AM, and staff of the Australian Human Rights Commission (the Commission) following visits to Australia’s immigration detention facilities, and to people in community detention, between June and September 2008. The contents of the report are based on direct observations made during the… -
Legal
14 December 2012Webpage
Information concerning Australia and the Convention on the Rights of the Child
Recommendation 1: The Commission recommends that the Australian Government fully incorporate into Australian law its human rights obligations to children, including through the adoption of a federal Human Rights Act.