The committee is currently examining the Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012 and related bills and instruments as a package. To date, the committee understands the package of government legislation to comprise the following:

• Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012
• Migration Act 1958 - Instrument of Designation of the Republic of Nauru as a Regional Processing Country under subsection 198AB(1) of the Migration Act 1958 - September 2012
• Migration Act 1958 - Instrument of Designation of the Independent State of Papua New Guinea as a Regional Processing Country under subsection 198AB(1) of the Migration Act 1958 - October 2012
• Migration Amendment Regulation 2012 (No. 5)
• Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012
• Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Bill (No. 1) 2012-2013 and Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Bill (No. 2) 2012-2013
• Migration Regulations 1994 - Specification under paragraphs 050.613A(1)(b) and 051.611A(1)(c) - Classes of Persons - November 2012

The committee also proposes to examine the following private Senator's bill:

• Migration Amendment (Health Care for Asylum Seekers) Bill 2012

The committee wrote to the Minister for Immigration and Citizenship on 22 August 2012 and 31 October 2012 seeking further information about the human rights compatibility of the Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012. The committee received a response from the Minister on Friday 23 November 2012. A copy of the Minister's letter can be found here.

Scope

The committee will invite identified stakeholders to provide evidence on the human rights implications of this package of legislation. The committee is particularly interested in seeking evidence in relation to the following issues:

• The objective(s) of the legislation and evidence that the measures are likely to be effective in achieving the objective(s) being sought.
• The nature and scope of Australia's obligations under the seven human rights treaties listed under the definition of human rights in the Human Rights (Parliamentary Scrutiny) Act 2011 with regard to individuals who are removed to regional processing countries.
• Whether Australia's obligations under the 1951 Refugee Convention and 1967 Protocol are relevant to the interpretation of Australia's obligations under the seven human rights treaties; and the extent to which the provisions of the seven human rights treaties may overlap with the rights and protections provided for under the Refugee Convention and Protocol.
• The consistency of the measures with Australia's obligations of non-refoulement (article 3 of the Convention against Torture and article 7 of the International Covenant on Civil and Political Rights (ICCPR)).
• The consistency of the measures with the 'best interests of the child' principle in the Convention on the Rights of the Child (CRC), and other provisions of the CRC, including the rights it guarantees in relation to children who are refugees or seeking refugee status (article 22) and family rights (including in articles 17 and 23 of ICCPR).
• The consistency of the underlying 'no advantage' test with the prohibition against arbitrary detention (article 9 of ICCPR). The adequacy of provisions for reviewing the detention, including the ability for persons detained under these measures to able to access a court to challenge substantively both the lawfulness and the arbitrariness of detention; and the consistency of the measures with the right to a fair hearing (article 14 of ICCPR).
• The consistency of the measures with the right to health (article 12 of ICESCR); the right to humane treatment in detention (article 10 of ICCPR); and the right to work (article 6 of ICESCR).
• The extent to which the rights of persons with disabilities may be affected by the measures.
• The consistency of the measures with the right to non-discrimination (article 26 of ICCPR).
• The types of safeguards in place, or proposed, to ensure that rights are effectively protected in practice.
• Where contracted service providers will be involved in guaranteeing the enjoyment of rights, whether specific and explicit human rights standards have been included in such contracts, and the procedures for administrative and other oversight of the implementation of these standards.