Footnotes
[1] The
text of sections 351 and 417 of the Migration
Act 1958 is at Appendix 3
[2] Allegations of visas being issued in exchange for
cash donations to the Liberal Party were first raised in the House of
Representatives by Mr Laurie Ferguson MP on 28 May 2003, House Hansard, p.15199
[3] Andrew Clennell, 'Merciful Ruddock gives more rejected
migrants a lifeline', Sydney Morning
Herald, 31 January 2001 and Andrew Clennell, 'Outrage as Ruddock opens door
to Lebanese outcasts', Sydney Morning
Herald, 2 April 2001
[4] See, for example, Mark Riley, 'Ruddock's cash-for-visa
quagmire deepens', Sydney Morning Herald,
18 June 2003 and 'Visagate raffle ripples widen', editorial, Australian, 8 July 2003
[5] The allegations were raised over the period 28-29
May, 2-5 June, 16-19 June, and 24-26 June
[6] House
Hansard, 3 June 2003, p.15756
[7] House Hansard,
18 June 2003, p.16810
[8] House
Hansard, 5 June 2003, p.16281
[9] House
Hansard, 29 May 2003, p.15465
[10] House
Hansard, 29 May 2003, p.15475
[11] Meaghan Shaw and Russell Skelton, 'Ruddock may
face inquiry on intervention', Age, 7
June 2003
[12] Mr Knobel, DIMIA, Committee Hansard, 5 September 2003, p.72
[13] A summary of case file related
information requested by the Committee and related correspondence is at
Appendix 4
[14] Ms Godwin, DIMIA, Committee Hansard, 17 November 2003, p.3
[15] Ms Godwin, DIMIA, Committee Hansard, 18 November 2003, p.60
[16] Committee
Hansard, 18 November 2003, pp.59-70
[17] Select Committee on a Certain Maritime Incident, Report, October 2002, p.149
[18] Select Committee on a Certain Maritime Incident, Report, October 2002, p.193
[19] Section 49 states: 'The powers, privileges, and
immunities of the Senate and of the House of Representatives, and of the
members and the committees of each House, shall be such as are declared by the
Parliament, and until declared shall be those of the Commons House of
Parliament of the United Kingdom, and of its members and committees, at the
establishment of the Commonwealth'.
[20] For an authoritative discussion of the powers of
Senate committees, see Harry Evans (ed.) Odgers'
Australian Senate Practice, 10th edn, Department of the Senate,
2001, Chapter 16 'Committees', Chapter 17 'Witnesses', and Chapter 19 'Relations
with the Executive Government'
[21] Most notably, two interim reports of the Senate
Finance and Public Administration Committee Inquiry into the Government's
Information Technology Outsourcing Initiative, Accountability in a Commercial Environment—Emerging Issues, April
2001, Accountability Issues: Two Case
Studies, June 2001; and the report of the Select Committee on a Certain
Maritime Incident, October 2002, especially Chapter 7, 'Accountability'
[22] Senate Finance and Public Administration
Committee, Accountability in a Commercial
Environment—Emerging Issues, April 2001, p.2
[23] Australian National Audit Office, The Use of Confidentiality Provisions in Commonwealth
Contracts, Audit Report No. 38 2000-01, May 2001; Administrative Review
Council, The Contracting Out of
Government Services, Report No. 42, 1998. See also the Senate committee
reports listed in footnote 20
[24] Select Committee on a Certain Maritime
Incident, Report, October 2002, Chair's
forward
[25] Ministerial
Discretion in Migration Matters, Brief prepared for Senate Select Committee
on Ministerial Discretion in Migration Matters, Department of the Parliamentary
Library, Canberra, September 2003, p.1
[26] DIMIA, Submission no. 24, p.3
[27] DIMIA, Submission no. 24, p.21
[28] Immigration:
A Commitment to Australia, Report of the Committee to Advise on Australia's
Immigration Policies, Australian Government Publishing Service, Canberra, 1988
[29] Immigration:
A Commitment to Australia—Legislation, The Committee to Advise on Australia's
Immigration Policies, Australian Government Publishing Service, Canberra, 1988
[30] Immigration:
A Commitment to Australia, Report of the Committee to Advise on Australia's
Immigration Policies, Australian Government Publishing Service, Canberra, 1988,
p.112
[31] Immigration:
A Commitment to Australia, Report of the Committee to Advise on Australia's
Immigration Policies, Australian Government Publishing Service, Canberra, 1988,
p.113
[32] Immigration:
A Commitment to Australia, Report of the Committee to Advise on Australia's
Immigration Policies, Australian Government Publishing Service, Canberra, 1988,
p.112
[33] Senate Hansard, 5 April 1989, p.922
[34] Ministerial
Discretion in Migration Matters, Brief prepared for Senate Select Committee
on Ministerial Discretion in Migration Matters, Department of the Parliamentary
Library, Canberra, September 2003, p.7
[35] Senator Robert Ray, Senate Hansard, 30 May 1989, p.3012
[36] Ministerial
Discretion in Migration Matters, Brief prepared for Senate Select Committee
on Ministerial Discretion in Migration Matters, Department of the Parliamentary
Library, Canberra, September 2003, p.3
[37] According to DIMIA, a 'lawful connection' is
established either by a physical presence in Australia, or by an Australian
citizen, permanent resident or Australian business sponsor of a visa applicant
[38] DIMIA, Submission no. 24, p.4
[39] DIMIA, Submission no. 24, p.5
[40] DIMIA, Submission no. 24, p.7
[41] DIMIA, Submission no. 24, p.13
[42] DIMIA, Submission no. 24, p.51
[43] Office of the Commonwealth Ombudsman, Submission
no. 28, p.5
[44] See section 65 of the Act
[45] The relevant sections of the Migration Act are
37A, 46A, 46B, 72, 91F, 91L, 91Q, 137N, 261K, 351, 391, 417, 454, 495B, 501A,
501J and 503A
[46] DIMIA, Submission no. 24, p.17. A number of the minister's
other various discretionary powers under the Migration Act are also primarily
linked to the 'public interest' – see subsections 46A(2), 46B(2) and 72(2) and
sections 48A, 48B, 91F, 91L and 91Q
[47] DIMIA, Submission no. 24, p.14
[48] Ms Johanna Stratton, Submission no. 10, p.7. See
also the reasons provided by Hely J in Kolotau
v MIMIA [2002] FCA 1145, 5 September 2002
[49] DIMIA, Submission no. 24, p.15
[50] Migration
Act 1958, Subsection 351(7)
[51] Ministerial
Discretion in Migration Matters, Brief prepared for Senate Select Committee
on Ministerial Discretion in Migration Matters, Department of the Parliamentary
Library, Canberra, September 2003, p.5. MSI 386 is entitled: Guidelines on
ministerial powers under sections 345, 351, 391, 417, 454 and 501J of the Migration Act 1958
[52] DIMIA, Submission no. 24, p.29
[53] DIMIA, Submission no. 24, pp.15-16
[54] 141 ALR 322
[55] Mary Crock, 'A Sanctuary Under Review: Where to
From Here for Australia's Refugee and Humanitarian Program?', The University of New South Wales Law
Journal, vol.23, no.3, 2000, pp.281-82
[56] Office of the Commonwealth Ombudsman, Submission
no. 28, p.6. While the exercise of the minister's discretion cannot be the
subject of investigation by the Commonwealth Ombudsman consistent with s5(2)(b)
of the Ombudsman Act 1976, action
taken by a department in relation to a ministerial decision can be the subject
of investigation under s5(3A) of the Act
[57] Committee
Hansard, 18 November 2003, p.1
[58] Ministerial
Discretion in Migration Matters, Brief prepared for Senate Select Committee
on Ministerial Discretion in Migration Matters, Department of the Parliamentary
Library, Canberra, September 2003, p.4
[59] Joint Standing Committee on Migration
Regulations, Australia's Refugee and
Humanitarian System: Achieving a Balance Between Refuge and Control,
Australian Government Publishing Service, Canberra 1992, p.140
[60] Senate Legal and Constitutional References
Committee, A Sanctuary Under Review: An
Examination of Australia's Refugee and Humanitarian Determination Processes,
June 2000
[61] Senate Legal and Constitutional References
Committee, A Sanctuary Under Review: An
Examination of Australia's Refugee and Humanitarian Determination Processes,
June 2000, Recommendation 2.2, p.60
[62] DIMIA, Submission no. 24, p.33
[63] Ministerial
Discretion in Migration Matters, Brief prepared for Senate Select Committee
on Ministerial Discretion in Migration Matters, Department of the Parliamentary
Library, Canberra, September 2003, p.11
[64] DIMIA, Fact
Sheet 61: Seeking Asylum Within Australia, p.2
[65] DIMIA, Submission no. 24D, Answer to question on
notice N1
[66] DIMIA, Submission no. 24D, Answer to question on
notice N3
[67] Joint Committee on Foreign Affairs and Trade, Visits to Immigration Detention Centres,
Report No. 100, 2002
[68] DIMIA, Submission
no. 24, p.34
[69] Ms Godwin, DIMIA, Committee Hansard, 23 September, 2003, p.40
[70] Dr Thom, Amnesty International, Committee Hansard, 23 September 2003,
pp.4-5 and Ms Le, Committee Hansard,
18 November 2003, pp.48, 49
[71] Mr Hughes, DIMIA, Committee Hansard, 5 September 2003, p.16
[72] There is usually a significant time lag between
the receipt of a request and any exercise of the Minister’s power to intervene
in relation to that request, so that some of the interventions in any one year
would be in response to requests made in the previous year, or years.
[73] DIMIA, Legal and Constitutional Legislation
Committee, supplementary hearings on the Budget Estimates for 2003-2004, Committee Hansard, 4 November 2003,
pp.57, 61
[74] DIMIA, Submission no. 24E, Answer to question on
notice K2, pp.1-2
[75] DIMIA, Submission no. 24, p.45
[76] DIMIA, Submission no. 24, pp.43-44
[77] DIMIA, Submission no. 24, p.44
[78] DIMIA, Submission no. 24F, Answer to question on
notice, Committee Hansard, 5
September 2003, p.81
[79] DIMIA, Submission no. 24, p.46
[80] DIMIA, Submission no. 24, p.46
[81] Committee
Hansard, 5 September 2003, pp.36-37
[82] DIMIA, Submission no. 24, pp.48, 49
[83] Ms Burgess, Immigration Advice Centre, Committee Hansard, 22 September, 2003,
p.37
[84] DIMIA, Submission no. 24. p.52
[85] Mr Walker, DIMIA, Committee Hansard, 5 September, 2003, pp.9-10 and Submission no. 24
B, p.35
[86] DIMIA, Submission no. 24, p.49
[87] DIMIA, Submission no. 24, p.47
[88] See, for example, Commonwealth Ombudsman, Committee Hansard, 18 November 2003, p.4
and Migration Institute of Australia, Submission no. 32, p.6
[89] Ms Le, Committee
Hansard, 18 November 2003, p.49
[90] DIMIA, Submission no. 24, Attachment 9, p.4
[91] DIMIA, Submission no. 24D, Answer to question on
notice G1
[92] DIMIA, Submission no. 24D, Answer to question on
notice G3
[93] Legal Aid Commission of NSW, Submission no. 17A,
p.5
[94] Ms Godwin, DIMIA, Committee Hansard, 5 September 2003, p.36
[95] DIMIA, Submission no. 24D, Answer to question on
notice G3, p.2
[96] See, for example, Andrew Clennell, 'Ruddock's
mercy more plentiful for Lebanese', Sydney
Morning Herald, 6 April 2001
[97] See, for example, Ms Johanna Stratton, Submission
no. 10, p.26
[98] Ms Godwin, DIMIA, Committee Hansard, 18 November 2003, p.73
[99] Ms Godwin, DIMIA, Committee Hansard, 18 November 2003, p.69
[100] Ms Godwin, DIMIA, Committee Hansard, 5 September 2003, p.69
[101] See, for example, Ms Biok, Legal Aid Commission
of New South Wales, Committee Hansard,
22 September 2003, p.26
[102] DIMIA, Submission no. 24, Attachment 2, p.26
[103] Ms Biok, Legal Aid Commission of New South
Wales, Committee Hansard, 22
September 2003, p.33
[104] See, for example, Mr Mitchell, Uniting Justice
Australia and Mr Bitel, Parish Patience Immigration, Committee Hansard, 21 October 2003 pp.11, 55
[105] Refugee Council of Australia, Submission no. 12,
p.5
[106] DIMIA, Submission no. 24D, Answer to question
on notice I3, p.2
[107] DIMIA, Submission no. 24B, Answer to question on
notice, 5 September 2003, p.24. Interestingly, in separate answers to questions
taken on notice from the public hearing on 5 September, DIMIA states that both
ministerial and administrative guidelines 'became operational' or 'were issued'
the previous day, 14 August, when they were placed on the department's LEGEND
database. From that day, the guidelines were available to all departmental
staff and external subscribers but were not made available on the department's
website. DIMIA advised that: '...members of the public can access individual MSIs
through the Ombudsman, Privacy and Freedom of Information Section of the
Department...Members of the public also have access to the updated commercial
version of LEGEND, as the department distributes CD-ROM updates to each State
and Territory library and the National Library'. Answers to questions on
notice, 5 September 2003, p.14, p.15 and p.31.
[108] DIMIA, Submission no. 24, pp.27-30. See also
DIMIA, Submission no. 24B, Answer to question on notice D, p.31
[109] DIMIA, Submission no. 24, Attachment 15
[110] Senator Robert Ray, Senate Hansard, 14 December 1989, p.4503
[111] House
Hansard, 9 May 1990, p.136
[112] DIMIA, Submission no. 24, p.27
[113] DIMIA, Submission no. 24, p.27 and Attachment 3
[114] DIMIA, Submission no. 24, Attachment 4
[115] DIMIA, Submission no. 24, Attachment 5
[116] DIMIA, Submission no. 24, p.28
[117] DIMIA, Submission no. 24, Attachment 5
[118] DIMIA, Submission no. 24, p.28
[119] The actual powers dealt with in this document
are the old sections 115 and 137, which gave the minister the power to set
aside and substitute a new decision for a decision of a departmental review
officer and the Immigration Review Tribunal, respectively. They are broadly
equivalent to the power now given under section 351 to substitute a decision of
the Migration Review Tribunal.
[120] DIMIA, Submission no. 24, Attachment 7. The
version of this document in DIMIA's submission is not dated, and it is not
entirely clear from the text when it was actually signed.
[121] DIMIA, Submission no. 24, Attachment 7
[122] DIMIA, Submission no. 24, Attachment 7
[123] DIMIA, Submission no. 24, Attachment 7
[124] DIMIA, Submission no. 24, p.29
[125] DIMIA, Submission no. 24, p.29
[126] DIMIA, Submission no. 24, Attachment 8
[127] DIMIA MSI 225: Ministerial Guidelines for the
Identification of Unique or Exceptional Cases Where it May Be in the Public
Interest to Substitute a More Favourable Decision Under s345, 351, 391, 417,
454 of the Migration Act 1958(1),
Submission no. 24, Attachment 8, pp.4-5
[128] DIMIA, Submission no. 24B, Answers to questions on
notice D6 and D7, p.33. The new guidelines are included in DIMIA's submission
at Attachment 9
[129] DIMIA, Submission no. 24B, Answer to question on
notice, 5 September 2003, p.33
[130] DIMIA, Submission No 24B, Answer to question on
notice, 5 September 2003, p.25
[131] DIMIA, Submission no 24, Attachment 2
[132] DIMIA, Submission no. 24B, Answer to question on
notice, 5 September 2003, p.25
[133] DIMIA, Submission no. 24B, Answer to question on
notice, 5 September 2003, p.32
[134] DIMIA, Submission no. 24D, Answer to question on
notice E3
[135] DIMIA, Submission no. 24D, Answer to question on
notice N5
[136] See the discussion of Recommendations 8.1 to 8.5
of the report in Chapter 2
[137] DIMIA, Submission no. 24, p.38 and Ms Godwin, Committee Hansard, 23 September 2003,
p.48. See also DIMIA, Submission no. 24D, Answer to question on notice N5
[138] DIMIA, Submission no. 24B, Answer to question on
notice C5, p.30
[139] DIMIA, Submission no. 24, Attachment 9, p.7
[140] DIMIA, Submission no. 24, p.40
[141] DIMIA, Submission no. 24, Attachment 9, p.8
[142] DIMIA, Committee
Hansard, 5 September 2003, p.29
[143] DIMIA, Submission no. 24, p.38
[144] DIMIA, Submission no. 24E, Answer to question on
notice A4
[145] DIMIA, Submission no.24, p.38
[146] DIMIA, Submission no. 24, Attachment 25. See
also Committee Hansard, 23 September
2003, pp.39-40
[147] Ms Godwin, DIMIA, Committee Hansard, 23 September 2003, p.59
[148] DIMIA, Committee
Hansard, 23 September 2003, p.61
[149] DIMIA, Submission no. 24B, Answer to question on
notice, p.19
[150] DIMIA, Submission no. 24, Attachment 2, p.88
[151] DIMIA, Submission no. 24, p.38
[152] DIMIA, Committee
Hansard, 5 September 2003, p.41
[153] DIMIA, Committee
Hansard, 5 September 2003, p.52
[154] DIMIA, Committee
Hansard, 5 September 2003, p.21
[155] DIMIA, Submission no. 24, p.38
[156] Mr Nicholls, DIMIA, Committee Hansard, 23 September 2003, pp.60-61
[157] Mr Nicholls, DIMIA, Committee Hansard, 23 September 2003, p.61
[158] DIMIA, Committee
Hansard, 5 September 2003, p.56
[159] Mr Knobel, DIMIA, Committee Hansard, 5 September 2003, p.60
[160] DIMIA, Submission no. 24, Attachment 2, pp.97-98
(6.5: 'Repeat requests')
[161] DIMIA, Submission no. 24, Attachment 2, p.98 at
6.5.6 of the guidelines
[162] DIMIA, Submission no. 24, Attachment 2, p.98 at
6.5.9 of the guidelines
[163] DIMIA, Submission no. 24, p.36
[164] DIMIA, Submission no. 24, p.38
[165] DIMIA, Submission no. 24C, Answer to question on
notice E4, p.3
[166] Professor McMillan, Committee Hansard, 18 November 2003, p.2
[167] Professor McMillan, Committee Hansard, 18 November 2003, pp.6-7
[168] Mrs Hawke, Office of the Commonwealth Ombudsman, Committee Hansard, 18 November 2003,
p.7
[169] Office of the Commonwealth Ombudsman, Submission
no. 28, p.10
[170] Professor McMillan, Committee Hansard, 18 November 2003, p.8
[171] Ms Le, Committee
Hansard, 18 November 2003, p.47
[172] Ms Le, Committee
Hansard, 18 November 2003, p.51
[173] Ms Biok, Legal Aid Commission of New South
Wales, Committee Hansard, 22
September 2003, pp.22-23
[174] Ms Le, Committee
Hansard, 18 November 2003, p.49
[175] Dr Crock, Committee
Hansard, 21 October 2003, p.35
[176] Dr Crock, Committee
Hansard, 21 October 2003, p.36
[177] Migration Review Tribunal and Refugee Review
Tribunal, Submission no. 11, pp.2-3
[178] Mr Blount, Committee
Hansard, 22 October 2003, p.15
[179] Mr Karas, Committee
Hansard, 22 September 2003, p.11
[180] Mr Blount, Committee
Hansard, 22 September 2003, p.10
[181] Migration Review Tribunal and Refugee Review
Tribunal, Submission no. 11, pp.2-3
[182] DIMIA, Submission no. 24, Attachment 8, p.6
[183] Migration Review Tribunal and Refugee Review
Tribunal, Submission no. 11, p.1
[184] Mr Karas, Committee
Hansard, 22 September 2003, p.4
[185] Migration Review Tribunal and Refugee Review
Tribunal, Submission no. 11, p.3
[186] Migration Institute of Australia, Submission no.
32, p.9
[187] Mr Clothier, Submission no. 20, p.2 (emphasis in
original)
[188] Senate Legal and Constitutional References
Committee, A Sanctuary Under Review: An
Examination of Australia's Refugee and Humanitarian Determination Processes,
June 2000, p.251
[189] DIMIA Submission no. 24, p.8
[190] Senate Legal and Constitutional References Committee,
A Sanctuary under Review: An Examination
of Australia's Refugee and Humanitarian Determination Processes, June 2000,
p.257
[191] Government Response to the Senate Legal and
Constitutional References Committee Report, A
Sanctuary under Review: An Examination
of Australia's Refugee and Humanitarian Determination Processes, June 2000,
p.13
[192] DIMIA, Fact
Sheet 61. Seeking Asylum within Australia, p.4
[193] DIMIA Submission no. 24D, Answer to question on
notice N1
[194] George Lombard Consultancy Pty Ltd, Submission
no. 16, p.3
[195] Ms Balgi, Committee
Hansard, 22 September 2003, p.24
[196] Legal Aid Commission of NSW, Submission no. 17,
p.22
[197] See, for example, Mr Prince, Committee Hansard, 22 September 2003,
pp.69-70, Dr Thom, Amnesty International Australia, and Ms Burn, Committee Hansard, 23 September 2003,
pp.15, 24
[198] Immigration Advice and Rights Centre, Submission
no. 22, pp.4, 5
[199] Uniting Justice Australia, Submission no. 19,
p.10
[200] Legal Aid Commission of NSW, Committee Hansard, 22 September 2003,
p.24
[201] Uniting Justice Australia, Submission no. 19,
p.6 and Legal Aid Commission of NSW, Submission no. 17, p.22
[202] Uniting Justice Australia, Submission no. 19,
p.6
[203] Commonwealth Ombudsman, Submission no. 28, p.11
[204] Mr Mitchell, Committee
Hansard, 21 October 2003, p.15 See also Ms Burgess, Immigration and Rights
Advice Centre, Committee Hansard 22
September 2003, p.44
[205] Ms Biok, Committee
Hansard , 22 September 2003, p.32
[206] Ms Biok, Committee
Hansard, 22 September 2003, p.35
[207] Mr Prince, Ms Biok, Committee Hansard, 22 September 2003, p.75
[208] Mr Bitel, Committee
Hansard, 21 October 2003, p.59
[209] Mr Bitel, Committee
Hansard, 21 October 2003, p.61
[210] Ms Balgi, Committee
Hansard 22 September 2003, p.29 See also Mr Prince, Committee Hansard 22 September 2003, p.75
[211] Mr Lombard, Committee
Hansard, 22 September 2003, p.58
[212] DIMIA, Submission no. 24, p.41
[213] Christopher Levingston and Associates,
Submission no. 6, p.7
[214] Christopher Levingston and Associates,
Submission no. 6, pp.7-8.
[215] Christopher Levingston and Associates,
Submission no. 6, p.9
[216] DIMIA, Submission no. 24, Attachment no. 2, p.22
[217] DIMIA, Submission no. 24, p.49
[218] Christopher Levingston and Associates,
Submission no. 6, p.9
[219] DIMIA, Submission no. 24, Attachment 2, p.21
[220] DIMIA, Submission no. 24, p.42
[221] Welfare
issues and immigration outcomes for asylum seekers on Bridging Visa E, April
2003, Asylum Seekers Project – Hotham Mission, Uniting Justice Australia,
Submission no. 19A, p.17
[222] Welfare
issues and immigration outcomes for asylum seekers on Bridging Visa E, April
2003, Asylum Seekers Project – Hotham Mission, Uniting Justice Australia,
Submission no. 19A, p.30
[223] Mr Glenn, A Just Australia, Committee Hansard, 21 October 2003, p.25
[224] Mr Illingworth, DIMIA, Committee Hansard, 5 September 2003, p.85
[225] Asylum Seeker Project – Hotham Mission, Welfare
issues and immigration outcomes for asylum seekers on Bridging Visa E: Research
and Evaluation, April 2003, Submission no. 19A, p.30
[226] Mr Fergus, Submission no. 4, p.2
[227] Mr Fergus, Submission no. 4, p.2
[228] Mr Bitel, Committee
Hansard, 21 October, 2003, p.61 and Parish Patience Immigration Lawyers,
Submission no. 26, p.3
[229] Legal Aid Commission of New South Wales,
Submission no. 17, p.10
[230] Office of the Commonwealth Ombudsman, Submission
no. 28, p.8
[231] Office of the Commonwealth Ombudsman, Submission
no. 28, p.8
[232] Office of the Commonwealth Ombudsman, Submission
no. 28, p.8
[233] DIMIA, Answer to question on notice G2,
Submission no. 24D, p.1
[234] DIMIA, Submission no. 24A, Attachment D
[235] For example, Ms Biok, Legal Aid Commission of
NSW, Committee Hansard, 22 September
2003, p.26; Ms Burgess, Immigration Advice and Rights Centre, Committee Hansard, 22 September 2003,
p.44; Dr Crock, Committee Hansard, 21
October 2003, p.35; Ms Le, Committee
Hansard, 18 November 2003, pp.48-49
[236] DIMIA, Submission no. 24J, see cases 1-3 and 13
[237] DIMIA, Submission no. 24J, case 10
[238] See, for example, Mr Prince, Christopher
Levingston & Associates, Committee
Hansard, 22 September 2003, p.74 and Mr Fergus, Committee Hansard, 22 October 2003, p.79
[239] Ms Le, Committee
Hansard, 18 November 2003, p.46
[240] Committee
Hansard, 22 September 2003, pp.53-54. See also Ms Biok, Legal Aid
Commission of NSW, Committee Hansard,
22 September 2003, p.26
[241] Committee
Hansard, 17 November 2003, p.46
[242] Committee
Hansard, 21 October 2003, p.31. See also Mr Manne, Refugee Council of
Australia, Committee Hansard, 17
November 2003, p.46
[243] Committee
Hansard, 21 October 2003, p.30
[244] Committee
Hansard, 18 November 2003, p.42
[245] Committee
Hansard, 22 September 2003, p.43
[246] Committee
Hansard, 22 September 2003, p.75. See also Ms Le, Committee Hansard, 18 November 2003, p.51
[247] Mr Bitel, Parish Patience Immigration Lawyers, Committee Hansard, 21 October 2003, p.62
[248] Mr Bitel, Parish Patience Immigration Lawyers, Committee Hansard, 21 October 2003,
p.62
[249] Mr Bitel, Parish Patience Immigration Lawyers, Committee Hansard, 21 October 2003,
p.62
[250] See, for example, Mr Cosentino, South Brisbane
Immigration and Community Legal Service, Committee
Hansard, 21 October 2003, p.35
[251] DIMIA, Submission no. 24A, Attachment C. There
are 226 sitting members of parliament. The 212 parliamentarians include former
members from the 39th Parliament, as well as sitting members of the
40th Parliament.
[252] Senator Bartlett's success rate is 33 percent.
Mr Ross Cameron, MP, also has a 33 percent success rate. DIMIA, Submission no.
24H, Attachment 1, Table 1
[253] Committee
Hansard, 18 November 2003, p.46
[254] Committee
Hansard, 18 November 2003, p.39
[255] See Mr Lombard, George Lombard Consultancy Pty
Ltd, Committee Hansard, 22 September
2003, pp.52-53; Mr Cosentino, South Brisbane Immigration and Community Legal
Service, Committee Hansard, 21
October 2003, p.51. See also the case studies in DIMIA, Submission no. 24J,
especially cases 12-13
[256] DIMIA, Submission no. 24H, Attachment 1, Table 1
[257] Committee
Hansard, 18 November 2003, p.33
[258] South Brisbane Immigration and Community Legal
Service, Submission no. 21, p.3
[259] Mr George Lombard, Submission no. 16, Attachment
II, p.2
[260] Committee
Hansard, 22 September 2003, pp.53-54
[261] DIMIA, Submission no. 24J, cases 1, 3, 5, 7 and
11
[262] Committee
Hansard, 5 September 2003, pp.72-77
[263] Mr Knobel, DIMIA, Committee Hansard, 5 September 2003, p.77
[264] Committee
Hansard, 22 September 2003, p.39
[265] Committee
Hansard, 22 September 2003, p.41
[266] Legal Aid Commission of NSW, Submission no. 17,
p.6
[267] See also DIMIA, Submission no. 24E, Answer to
Question H1, Attachment H1
[268] DIMIA, Submission no. 24H, Attachment 2
[269] DIMIA, Submission no. 24E, Questions H5 and H6
[270] DIMIA, Submission no. 24E, Question H4
[271] Professor McMillan, Office of the Commonwealth
Ombudsman, Committee Hansard, 18
November 2003, p.11
[272] Ms Burgess, Immigration and Rights Advice Centre,
Committee Hansard, 22 September 2003,
p.39
[273] Mr Kisrwani and his daughter stated as much in
an interview on SBS Insight program
broadcast on August 28 2003.
[274] Mr Knobel, DIMIA, Committee Hansard, 5 September 2003, p.75
[275] DIMIA, Submission no. 24C, Table 1 and
Submission no. 24G, Answer to question on notice of 23 September 2003
[276] DIMIA, Submission no. 24G, Answer to question on
notice of 23 September 2003
[277] House
Hansard, 29 May 2003, p.15465
[278] Mr Prince, Christopher Levingston &
Associates, Committee Hansard, 22
September 2003, p.61
[279] Mr Mawson, Migration Agents Registration
Authority, Committee Hansard, 22
October 2003, p.31
[280] Mr Mawson, Migration Agents Registration
Authority, Committee Hansard, 22
October 2003, p.35
[281] See Mr Prince, Christopher Levingston &
Associates, Committee Hansard, 22
September 2003, p.74 and Mr Mitchell, Uniting Justice Australia, Committee Hansard, 21 October 2003,
p.15
[282] Committee
Hansard, 22 September 2003, p.74. Mr Mawson of the Migration Agents
Registration Authority, also observed that 'people may not complain because of
cultural issues about complaints', Committee
Hansard, 22 October 2003, p.40.
[283] DIMIA, Submission no. 24H, Answer to Question on
Notice, Committee Hansard, 23
September 2003, p.66
[284] Review of
the Statutory Self-Regulation of the Migration Advice Industry, DIMIA, July
2002, p.2. This report is often referred to as the 'Spicer review', after Mr
Ian Spicer, Chair of the External Reference Group that conducted the review.
[285] See Senate Standing Committee on Legal and
Constitutional Affairs, Report of the
inquiry into the Provisions of the Migration Legislation Amendment (Migration
Agents Integrity Measures) Bill 2003 and the Migration Agents Registration
Application Charge Amendment Bill 2003, 25 November 2003
[286] DIMIA, Committee
Hansard, 23 September 2003, pp.65-67, and 18 November 2003, pp.100-102
[287] DIMIA, Submission no. 24G
[288] South Brisbane Immigration and Community Legal
Service, Submission no. 21, p.2
[289] DIMIA, Submission no. 24I
[290] Committee Hansard, 21 October 2003, p.62
[291] Senate Legal and Constitutional References
Committee, A Sanctuary under Review: An
Examination of Australia's Refugee and Humanitarian Determination Processes,
June 2000, p.238
[292] Office of the Commonwealth Ombudsman, Submission
no. 28, p.7
[293] Professor McMillan, Office of the Commonwealth
Ombudsman, Committee Hansard, 18
November 2003, p.14
[294] Commonwealth Ombudsman, Submission no. 28, p.9
[295] DIMIA, Submission no. 24, p.15
[296] DIMIA, Submission no. 24, p.17
[297] This has been confirmed by Merkel J in Minister for Immigration and Multicultural
Affairs v Ozmanian [1996] 141 ALR 322. See also Senate Legal and
Constitutional References Committee, A
Sanctuary Under Review (2000), p.263
[298] Sections 351(7) and 417(7), Migration Act 1958
[299] DIMIA, Submission no. 24, p.16
[300] DIMIA, Submission no. 24, p.4
[301] DIMIA, Submission no. 24, p.7
[302] Commonwealth Ombudsman, Submission no. 28, p.4
[303] Senate
Hansard, 14 December 1989, p.4609
[304] House of
Representatives Debates, 21 December 1989, p.3458
[305] Figures provided by DIMIA, Senate Legal and
Constitutional Legislation Committee Hansard
(Budget Estimates Supplementary Hearings), 4 November 2003, pp.41 and 43.
[306] Ms Le, Committee
Hansard, 18 November 2003, p.49
[307] Mr Lombard, George Lombard Consultancy Pty Ltd, Committee Hansard, 22 September 2003,
p.57
[308] Dr Crock, Committee
Hansard, 21 October 2003, p.44
[309] Mr Storer, DIMIA, Committee Hansard, 5 September 2003, p.67
[310] Mr Knobel, DIMIA, Committee Hansard, 5 September 2003, p.57
[311] Ms Godwin, DIMIA, Committee Hansard, 5 September 2003, p.69
[312] Ms Johanna Stratton's submission includes the
following quote from interview with a DIMIA officer: '...unless you are able at
the time [the minister] makes the decision, to be in his mind, it's impossible
for us to even give you the slightest hint as to why the minister may decide
that a particular type of visa should be granted.' Submission no. 10, p.22
[313] DIMIA, Submission no. 24D, Answer to question I6.
[314] Mr Knobel, DIMIA, Committee Hansard, 5 September 2003, p.53
[315] Mr Knobel, DIMIA, Committee Hansard, 5 September 2003, p.53
[316] Mr Knobel, DIMIA, Committee Hansard, 5 September 2003, p.53
[317] Mr Knobel, DIMIA, Committee Hansard, 5 September 2003, p.77
[318] Mr Knobel, DIMIA, Committee Hansard, 5 September 2003, p.78
[319] In-camera evidence
[320] For example, Mr David Bitel, Submission no. 26,
p.2, Mr Clothier, Committee Hansard, 18
November 2003, p.41. Ms Le disagreed, citing a case where the minister had
intervened on behalf of an applicant with step children. Committee Hansard, 18 November 2003, p.47
[321] Mr George Lombard, Submission no. 16, p.6. In
evidence to the Committee, Mr Lombard stated that it was a departmental officer
who told him this was the case, Committee
Hansard, 22 September 2003, p.54. This assertion appears to supported by
evidence from the NSW Legal Aid Commission, Submission no. 17A, p.2.
[322] Committee
Hansard, 23 September 2003, p.28
[323] Senate Legal and Constitutional Affairs
Committee, A Sanctuary Under Review: An
Examination of Australia's Refugee and Humanitarian Determination Processes,
June 2000, p.265
[324] Ms Johanna Stratton, Submission no. 10, pp.27-28
[325] Catholic Commission for Justice Development and
Peace, Submission no. 15, p.13
[326] Refugee Council of Australia, Submission no. 12,
p.3
[327] DIMIA, Committee
Hansard, 5 September 2003, p.32
[328] Mr Michael Clothier, Submission no. 20, p.2
[329] Office of the Federal Privacy Commissioner,
Submission no. 43, p.3
[330] Commonwealth Ombudsman, Submission no. 28, p.11
[331] Refugee Council of Australia, Submission no. 12,
p.3
[332] Mr Storer, DIMIA, Committee Hansard, 5 September 2003, p.56
[333] Senate Legal and Constitutional Legislation Committee Hansard (Budget Estimates
Supplementary Hearings), 4 November 2003, p.43
[334] Committee
Hansard, 18 November 2003, p.69
[335] Mr Purcell, Catholic Commission for Justice,
Development and Peace, Committee Hansard,
17 November 2003, p.33
[336] Senate Hansard,
5 April 1989, p.922
[337] Senate Hansard,
5 April 1989, p.922
[338] Ms Elizabeth Biok, Legal Aid Commission of NSW, Committee Hansard, 22 September 2003,
p.22
[339] Committee
Hansard, 18 November 2003, p.49
[340] Committee
Hansard, 18 November 2003, p.50
[341] Committee
Hansard, 18 November 2003, p.49, p.55
[342] Committee
Hansard, 18 November 2003, p.52
[343] Mr George Lombard, George Lombard Consultancy
Pty Ltd, Committee Hansard, 22
September 2003, p.49
[344] Committee
Hansard, 18 November 2003, p.34
[345] Senate Legal and Constitutional References
Committee, A Sanctuary Under Review: An
Examination of Australia's Refugee and Humanitarian Determination Processes,
June 2000
[346] See in particular submissions received by the
Senate Legal and Constitutional References Committee from the Human Rights and
Equal Opportunity Commission (HREOC), Law Council of Australia, South Brisbane
Immigration & Community Legal Service Inc., Legal Aid Western Australia and
The Refugee Council of Western Australia
[347] UNHCR, Submission no. 36, p.1
[348] Senate Legal and Constitutional References
Committee, A Sanctuary Under Review: An
Examination of Australia's Refugee and Humanitarian Determination Processes,
June 2000, p.12
[349] HREOC, Submission no. 13, p.3
[350] The application and determination process for
refugee status under the Onshore Protection Program is examined in the Senate
Legal and Constitutional References Committee report, A Sanctuary Under Review: An Examination of Australia's Refugee and
Humanitarian Determination Processes, June 2000, chapters 3-6
[351] HREOC, Submission no. 13, p.3
[352] Senate Legal and Constitutional References
Committee, A Sanctuary Under Review: An
Examination of Australia's Refugee and Humanitarian Determination Processes,
June 2000, p.40
[353] Amnesty International Australia, Submission no.
23, p.4
[354] Guidelines on ministerial powers under sections
345, 351, 391, 417, 454 and 501J of the Migration
Act 1958, at guideline 4
[355] Ms Jane McAdam, Submission no. 35, p.5
[356] Senate Legal and Constitutional References
Committee, A Sanctuary Under Review: An
Examination of Australia's Refugee and Humanitarian Determination Processes,
June 2000, pp.52-53
[357] Ms
Jane McAdam, The European Union Proposal
on Subsidiary Protection: An Analysis and Assessment, New Issues in Refugee
Research Working Paper No. 74, UNHCR, Evaluation and Policy Analysis Unit, Geneva,
December 2002, p.4
[358] HREOC, Submission no. 13A, pp.3-4
[359] HREOC, Submission no. 13A, p.1
[360] ibid.
[361] For an example of a communication under CAT, see
Communication No 120/1988: Australia.
25/05/99. CAT/C/22/D/120/1998. (Jurisprudence). For an example under the
ICCPR, see Communication No 706/1996:
Australia. 04/12/97. CCPR/C/61/D/706/1996. (Jurisprudence). Copies of the
communications were provided by HREOC as part of Submission no. 13A
[362] Ms Newell, HREOC, Committee Hansard, 22 October 2003, p.56
[363] DIMIA, Submission No. 24D, Answer to question on
notice, J1
[364] Office of the High Commissioner for Human
Rights, Concluding observations of the
Committee against Torture: Australia. 21/11/2000. A/56/44, paras.47-53. (Concluding
Observations/Comments)
[365] DIMIA, Submission no. 24, p.17
[366] Ms Lesnie, HREOC, Committee Hansard, 22 October 2003, p.61
[367] DIMIA, Submission no. 24B, Answer to question on
notice, 5 September 2003, p.22. See also Ms Godwin, DIMIA, Committee Hansard, 5 September 2003, pp.69-70
[368] Ms Godwin, DIMIA, Committee Hansard, 5 September 2003, p.34
[369] Mr Illingworth, DIMIA, Committee Hansard, 5 September 2003, pp.38-39
[370] Mr Gee, Amnesty International, Committee Hansard, 23 September 2003,
p.6
[371] Uniting Church of Australia, Submission no. 19,
p.8
[372] Amnesty International Australia, Submission no.
23, p.5
[373] Mr Bitel, Parish Patience Immigration Lawyers, Submission no. 26, p.2
[374] Dr Crock, Committee
Hansard, 23 September 2003, p.30
[375] Dr Thom, Amnesty International, Committee Hansard, 23 September 2003,
p.7. An officer from HREOC, Ms Vanessa Lesnie, advised the Committee that some
cases currently coming before Australian courts are exploring the issue of
gender persecution. In particular, the courts are exploring whether or not cases
involving persecution on the basis of gender fall under 'membership of a social
group' and, therefore, may some time in the future attract protection under the
Refugee Convention. Committee Hansard,
22 October 2003, p.58
[376] Ms Blaxland, Submission no. 42, A Proposal to Add 'Gender' As a Sixth
Category in the Domestic Law Definition of Refugee, Honours thesis,
University of Technology Sydney, 2003
[377] Dr Mary Crock, Submission no. 34, p.2
[378] UNHCR, Committee
Hansard, 18 November 2003, p.20
[379] Christopher Levingston & Associates,
Submission no. 6, p.5
[380] ibid.
[381] Mr Prince, Christopher Levingston &
Associates, Committee Hansard, 22
September 2003, p.61
[382] HREOC, Submission no. 13, p.7
[383] HREOC, Submission no. 13, p.9
[384] Refugee Council of Australia, Submission no. 12,
Appendix A, Position Paper on
Complementary Protection, May 2002, p.3
[385] CCJDP, Submission no. 15, p.6
[386] Uniting Church of Australia, Submission no. 19,
p.5
[387] Mr Hughes, DIMIA, Committee Hansard, 5 September 2003, p.34
[388] Joint Standing Committee on Migration, Review of Migration Regulation 4.31B,
May 1999
[389] Joint Standing Committee on Migration, Review of Migration Regulation 4.31B,
May 1999, p.41
[390] Senate Legal and Constitutional References
Committee, A Sanctuary Under Review: An
Examination of Australia's Refugee and Humanitarian Determination Processes,
June 2000
[391] Senate Legal and Constitutional References
Committee, A Sanctuary Under Review: An
Examination of Australia's Refugee and Humanitarian Determination Processes,
June 2000, p.59
[392] Senate Legal and Constitutional References
Committee, A Sanctuary Under Review: An
Examination of Australia's Refugee and Humanitarian Determination Processes,
June 2000, pp.61-64
[393] Senate Legal and Constitutional References
Committee, A Sanctuary Under Review: An
Examination of Australia's Refugee and Humanitarian Determination Processes,
June 2000, p.64
[394] Senate Legal and Constitutional References
Committee, A Sanctuary Under Review: An
Examination of Australia's Refugee and Humanitarian Determination Processes,
June 2000, p.64
[395] Senate Legal and Constitutional References
Committee, A Sanctuary Under Review: An
Examination of Australia's Refugee and Humanitarian Determination Processes,
June 2000, p.60
[396] Dr Mary Crock, 'A Sanctuary Under Review: Where
to From Here for Australia's Refugee and Humanitarian Program?', The University of New South Wales Law
Journal, vol.23, no.3, 2000, p.282
[397] HREOC, Submission no. 13, p.10
[398] Ms Jane McAdam, Submission no. 35, p.2
[399] Ms Jane McAdam, The European Union Proposal on Subsidiary Protection: An Analysis and
Assessment, New Issues in Refugee Research Working Paper No. 74, UNHCR,
Evaluation and Policy Analysis Unit, Geneva, December 2002, p.9
[400] Refugee Council of Australia, Submission no. 12,
p.2
[401] United Nations High Commissioner for Refugees,
Submission no. 36, pp.4-5. The categories are discussed in the EXCOM Standing
Committee paper entitled 'Complementary Forms of Protection: Their Nature and
Relationship to the International Refugee Protection Regime', UN Doc EC/50/SC/CRP.18,
19 June 2000
[402] Commission of the European Communities Proposal
for a Council Directive on Minimum Standards for the Qualification and Status
of Third Country Nationals and Stateless Persons as Refugees or as Persons Who
Otherwise Need International Protection, COM (2201) 510 final, Brussels 12
September 2001 (EU Directive), at:
http://www.ecre.org/eu_developments/qual.shtml
[403] Ms Jane McAdam, Submission no. 35, p.3
[404] Ms Jane McAdam, The European Union Proposal on Subsidiary Protection: An Analysis and
Assessment, New Issues in Refugee Research Working Paper No. 74, UNHCR,
Evaluation and Policy Analysis Unit, Geneva, December 2002, p.2
[405] Ms Jane McAdam, The European Union Proposal on Subsidiary Protection: An Analysis and
Assessment, New Issues in Refugee Research Working Paper No. 74, UNHCR,
Evaluation and Policy Analysis Unit, Geneva, December 2002, p.1
[406] Ms Jane McAdam, Submission no. 35, p.3
[407] Mr David Bitel, Parish Patience Immigration
Lawyers, Submission no. 26, p.2
[408] Mr Mignone, UNHCR, Committee Hansard, 18 November 2003, p.23
[409] Dr Mary Crock, Submission no. 34, p.2
[410] Refugee Council of Australia, Additional
information, Complementary Protection:
the Way Ahead, January 2004, 9 February 2004
[411] Refugee Council of Australia, Additional
information, Complementary Protection:
the Way Ahead, January 2004, 9 February 2004, p.4
[412] Refugee Council of Australia, Additional
information, Complementary Protection:
the Way Ahead, January 2004, 9 February 2004, p.6
[413] Refugee Council of Australia, Additional
information, Complementary Protection:
the Way Ahead, January 2004, 9 February 2004, pp.8-9
[414] HREOC, Submission no. 13, p.13
[415] Mr Prince, Committee
Hansard, 22 September 2003, p.68
[416] Refugee Council of Australia, Submission no. 12,
Appendix A, p.4
[417] DIMIA, Submission no. 24, p.43. See also Ms
Godwin, DIMIA, Committee Hansard, 5
September 2003, pp.63-64
[418] Ms Godwin, DIMIA, Committee Hansard, 5 September 2003, pp.61-62
[419] Ms Godwin, DIMIA, Committee Hansard, 5 September 2003, pp.63-64
[420] Mr Rizvi, DIMIA, Committee Hansard, 5 September 2003, p.65
[421] DIMIA, Submission no. 24E, 5 September 2003
[422] Joint Standing Committee on Migration, Review of Migration Regulation 4.31B,
May 1999, p.32
[423] Dr Mary Crock, Submission no. 34, p.4
[424] Recommendation 11.1 states: 'The Committee
recommends that the Government place the issue of monitoring on the agenda for
discussion at the Inter-Government/Non-Government Organisations Forum with a
view to examining the implementation of a system of informal monitoring', p.343
[425] Amnesty International Australia, Submission no.
23, p.6
[426] Amnesty
International Australia, Submission no. 23, p.7
[427] Coalition for the Protection of Asylum Seekers,
Submission no. 29C, p.1
[428] ibid.
[429] Coalition for the Protection of Asylum Seekers,
Submission no. 29C, p.2
[430] Ms Godwin, DIMIA, Committee Hansard, 5 September 2003, p.33
[431] Additional information, Refugee Council of
Australia, Complementary Protection: the
Way Ahead, January 2004, 9 February 2004.
[432] Jane McAdam, The European Union Proposal on Subsidiary Protection: An Analysis and
Assessment, New Issues in Refugee Research Working Paper No. 74, UNHCR,
Evaluation and Policy Analysis Unit, Geneva, December 2002
[433] DIMIA, Submission no. 24, p.14
[434] DIMIA, Submission no. 24, p.8
[435] Migration Institute of Australia, Submission no.
32, pp.6-8
[436] Mr Paul Fergus, Submission no. 4, p.1
[437] Mr George Lombard, Submission no. 16, pp.1-2
[438] Amnesty International Australia, Submission no.
23, p.2
[439] See, for example, Mr Paul Fergus, op. cit
[440] Ms Jennifer Burn, Committee Hansard, 23 September 2003, p.22
[441] DIMIA, Submission no. 24, p.26
[442] Mr Michael Clothier, Submission no. 20, p.1
[443] Mr Michael Clothier, Committee Hansard, 18 November 2003, p.31. The extract is from Immigration: A Commitment to Australia, Report
of the Committee to Advise on Australia's Immigration Policies, Australian Government
Printing Service, Canberra, 1988, p.113.
[444] Immigration:
A Commitment to Australia, Report of the Committee to Advise on Australia's
Immigration Policies, Australian Government Publishing Service, Canberra, 1988,
p.113
[445] Mr Michael Clothier, Submission no. 20, p.1
[446] Dr Mary Crock, Committee Hansard, 23 September 2003, p.19
[447] Mr Jennifer Burn, Committee Hansard, 23 September 2003, p.23
[448] House
Hansard, 1 June 1989, p.3484
[449] House
Hansard, 29 May 1989, p.2958
[450] House
Hansard, 29 May 1989, p.2958
[451] DIMIA, Submission no. 24, p.51
[452] DIMIA, Submission no. 24, p.13
[453] DIMIA, Submission no. 24, p.13
[454] DIMIA, Submission no. 24, p.13
[455] DIMIA, Submission no. 24, p.7
[456] DIMIA, Submission no. 24, p.33
[457] DIMIA, Submission no. 24, p.44
[458] DIMIA, Submission no. 24, p.45
[459] Senate Legal and Constitutional Legislation
Committee Hansard (Budget Estimates
Supplementary Hearings), 4 November 2003, p.43
[460] Ms Godwin, DIMIA, Committee Hansard, 18 November 2003, p.69
[461] DIMIA, Submission no. 24E, Answer to question on
notice from 5 September 2003
[462] Dr Crock, Submission no. 34, pp.2-3, citing Mr
Ruddock, Address to the National Press Club Canberra, 18 March 1998 (emphasis
added by Dr Crock).
[463] DIMIA, Submission no. 24, p.52
[464] Dr Mary Crock, Submission no. 24, p.3
[465] Dr Mary Crock, Submission no. 24, p.3
[466] Dr Mary Crock, Submission no. 24, pp.3-4, and Committee Hansard, 23 September 2003,
pp.31-33
[467] Dr Crock, Committee
Hansard, 23 September 2003, p.31
[468] Dr Mary Crock, Submission no. 24, p.4
[469] Mr Michael Clother, Submission no. 20, and Committee Hansard, 18 November 2003,
p.35
[470] Dr Mary Crock, Submission no. 24, p.4
[471] Committee
Hansard, 23 September 2003, p.36
[472] Committee
Hansard, 23 September 2003, p.35
[473] Committee
Hansard, 18 November 2003, p.35
[474] Mr Clothier, Committee
Hansard, 18 November 2003, p.34
[475] Catholic Commission for Justice, Development and
Peace, Submission no. 15, p.22
[476] Mr George Lombard, Submission no.16, p.2
[477] Immigration Advice and Rights Centre, Submission
no. 22, pp.5-6
[478] Immigration Advice and Rights Centre, Submission
no. 22, p.6
[479] Ms Godwin, DIMIA, Committee Hansard, 5 September 2003, p.3
[480] DIMIA, Submission no. 24D, Answer to question I3
[481] Ms Godwin, DIMIA, Committee Hansard, 23 September 2003, p.48
[482] Ms Jennifer Burn, Submission no. 30, p.2
[483] Migration Institute of Australia, Submission
no. 32, pp.10-11
[484] Committee Hansard,
22 September 2003, p.51
[485] Committee
Hansard, 23 September 2003, p.21
[486] Committee
Hansard, 23 September 2003, p.44
[487] Committee
Hansard, 23 September 2003, p.35
[488] Committee
Hansard, 21 October 2003, p.8
[489] Committee
Hansard, 18 November 2003, p.34
[490] Committee
Hansard, 18 November 2003, p.52
[491] Committee
Hansard, 17 November 2003, p.46
[492] Committee
Hansard, 23 September 2003, p.15
[493] Committee
Hansard, 21 October 2003, p.49
[494] Committee
Hansard, 22 October 2003, p.42
[495] Committee
Hansard, 22 October 2003, p.43
[496] Committee
Hansard, 22 September 2003, p.27
[497] Committee
Hansard, 22 September 2003, p.42
[498] Committee
Hansard, 22 September 2003, p.40
[499] Committee
Hansard, 22 September 2003, p.38
[500] Committee
Hansard, 22 September 2003, p.74
[501] Committee
Hansard, 22 October 2003, p.79
[502] Committee
Hansard, 18November 2003, p.11
[503] Committee
Hansard, 21 October 2003, p.50
[504] Committee
Hansard, 22 October 2003, p.83
[505] Committee
Hansard, 18 November 2003, p.19
[506] Committee
Hansard, 22 September 2003, p.74
[507] Committee
Hansard, 22 September 2003, p.67
[508] UNHCR, Submission no. 36, p.2
[509] Mr Gee, Amnesty International, Committee Hansard, 23 September 2003,
p.3
[510] UNHCR, Committee
Hansard, 18 November 2003, p.18
[511] UNHCR, Submission no. 36, p.5
[512] ibid
[513] Additional information, Refugee Council of
Australia, Complementary Protection: the
Way Ahead, January 2004, 9 February 2004, pp.2–3
[514] Agenda for
Protection. from http://www.unhcr.ch
[515] UNHCR, Committee
Hansard, 18 November 2003, p.19
[516] UNHCR, Committee
Hansard, 18 November 2003, p.24
[517] UNHCR, Committee
Hansard, 18 November 2003, p.23
[518] CCJDP, Submission no. 15, pp.19–21; Uniting
Church of Australia, Submission no. 19, p.5
[519] Refugee Council of Australia, Submission no. 12,
Appendix A, p.2
[520] CCJDP, Submission no. 15, p.22
[521] CCJDP, Submission no. 15, p.19
[522] Dr Mary Crock, Submission no. 34, p.4