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Aboriginal and Torres Strait Islander Social Justice
30 January 2014Opinion pieceWe need to fix the Constitution, says Social Justice Commissioner
Recognising Aboriginal and Torres Strait Islander peoples in the nation’s Constitution is a waste of time, 2UE Drive host Justin Smith recently argued. There are many things the Constitution doesn’t recognise, he said, the document is dull, and we would be better off if we paid attention instead to the words we use every day. I agree with Mr Smith on one point: the Constitution isn’t a page… -
Asylum Seekers and Refugees
30 January 2014WebpageNational Inquiry into Children in Immigration Detention 2014
About the Inquiry On 3 February 2014 the President of the Commission, Professor Gillian Triggs, launched an inquiry into children in closed immigration detention. The purpose of the Inquiry was to investigate the ways in which life in immigration detention affects the health, well-being and development of children. The Inquiry would assess the impact on children by seeking the views of… -
23 January 2014Book page
1. What are Temporary Protection Visas?
Temporary Protection Visas (TPVs) are a type of visa available to people who arrive in Australia without a visa and are found to be owed protection obligations. [1]As its name suggests, a TPV only permits the holder to remain in Australia temporarily (this can be contrasted with a Permanent Protection Visa (PPV), which grants the holder permanent resident status). TPVs can last for up to… -
23 January 2014Book page
2. Which people have been granted TPVs?
TPVs were (re)introduced by the Australian Government on 18 October 2013 through a regulation. [3] However, on 2 December 2013 the TPV regulation was disallowed by the Senate, with the consequence that no more TPVs can be granted. While the regulation was in force, between 18 October and 2 December 2013 at least three TPVs were granted to asylum seekers who arrived in Australia without a… -
23 January 2014Book page
3. What is the difference between a TPV and a bridging visa?
Like TPVs, bridging visas are temporary visas. They allow people (including asylum seekers) 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. The key difference is that bridging visas are granted to asylum seekers before any decision is made about whether they… -
23 January 2014Book page
4. What are the Commission’s concerns about TPVs?
The Commission raised serious concerns about TPVs when they were used in Australia (with similar conditions attached) from 1999 to 2008. [6] Based on the negative impacts of TPVs on refugees when they were last used, the Commission is concerned that the reintroduction of TPVs may lead to breaches of Australia’s international human rights obligations, for the following reasons. Mental health… -
23 January 2014Book page
5. What does the Commission recommend?
The Commission recommends that all asylum seekers who are found to be owed protection obligations should be granted a PPV, with the associated entitlements to sponsor family members to come to Australia, and to travel outside of Australia. -
23 January 2014Book page
6. Useful links
A Last Resort? National Inquiry into Children in Immigration Detention (April 2004), Chapter 16 The end of temporary protection visas for refugees is a step forward for human rights (Commission media release, 14 May 2008) TPVs part of an inhumane system (Commission news story, 3 December 2013) -
Rights and Freedoms
22 January 2014Opinion pieceFreedoms versus anti-discrimination laws? A false debate
Responsibility, anti-discrimination laws, human rights and freedoms - these words have been at the center of an ideological debate about how to protect fundamental freedoms, including freedom of speech, freedom of association and freedom from detention without trial. But if we are serious about securing these fundamental freedoms in Australian law, we must legislate to protect them, just as… -
Commission – General
22 January 2014PublicationAHRC Agency Multicultural Plan 2013-15
Multicultural access and equity policy: Respecting diversity. Improving responsiveness. -
Asylum Seekers and Refugees
10 January 2014Webpage
Asylum seekers and refugees guide
Learn everything about refugee and asylum seeker issues, such as immigration detention, legal rights, protection visas and enhanced screening. -
Asylum Seekers and Refugees
9 January 2014Publication
Those who've come across the seas: Detention of unauthorised arrivals
HREOC’s report, tabled in federal Parliament on 12 May 1998, deals with the policy of mandatory detention of most unauthorised arrivals and the conditions of detention for those detained. The report had its origins in the many complaints received by HREOC from, or on behalf of, people in immigration detention centres. -
Asylum Seekers and Refugees
8 January 2014Publication
An age of uncertainty - Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children
This report makes disturbing reading. It documents numerous breaches by Australia of both the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights. As a nation that is understandably anxious that the rights of our own children should be respected when they come into contact with the authorities of other countries, it is troubling that between late… -
8 January 2014Book page
Abbreviations and Acronyms
You can view a list of abbreviations and acronyms that are used by the Commission. The list makes it easier to understand our website and publications. -
Asylum Seekers and Refugees
8 January 2014Publication
A last resort? National Inquiry into Children in Immigration Detention
This is an important report. It deals with our treatment of children in the most recent wave of boat people seeking refuge and a better life on our shores. It does so in the knowledge that there is a tension created by the community expectation that the Government will defend Australia's security while simultaneously upholding individual rights - the notion of the 'fairgo' for all. The report… -
3 January 2014Book page
1 Introduction
This UPR Progress Report operates as a statement of key human rights concerns and developments in Australia in 2013. The report is the third in a series of annual reports that are being developed in the lead up to Australia’s second Universal Periodic Review (UPR) at the United Nations (UN) Human Rights Council in October 2015. Each report identifies important milestones as well as… -
3 January 2014Book page
2 Background and framework for promotion and protection of human rights
2.1 Scope of international obligations During Australia’s review, the Government made a commitment to improving Australia’s monitoring of its international human rights obligations. Australia is a party to seven of the core human rights treaties and maintains a number of reservations under these. The Australian Government made a commitment to conduct a comprehensive review of such… -
3 January 2014Book page
3 Key national priorities, initiatives and commitments
The Paris Principles set out the minimum standards required by national human rights institutions to be considered credible and to operate effectively. [94] In order to be effective and granted an ‘A status’, national human rights institutions must be independent, adequately funded and have a broad human rights mandate. ACHRA encourages the new Government to ensure that the Australian Human… -
3 January 2014Book page
Attachment 1: Calendar of upcoming key UN treaty dates
Treaty Key dates Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) The fifth periodic report was submitted in July 2013 (due in August 2012) Convention on the Rights of Persons with Disabilities (CRPD) Australia appeared before the committee in September 2013 Convention on the Elimination of Racial Discrimination (CERD) The report was due October… -
Rights and Freedoms
20 December 2013Publication
Australia's Universal Periodic Review 2013
This report is the third in a series of annual reports that are being developed in the lead up to Australia’s second Universal Periodic Review at the United Nations (UN) Human Rights Council in October 2015. Each report identifies important milestones as well as challenges that remain for the protection of human rights in Australia.