Footnotes

Chapter 1 - Introduction

[1]        The Hon Peter Dutton MP, Minister for Immigration and Border Protection, House of Representatives Hansard, 14 October 2015, p. 11122. 

[2]        Journals of the Senate, No. 122—15 October 2015, p. 3260.

[3]        Senate Selection of Bills Committee, Report No. 13 of 2015, 15 October 2015, Appendix 7.

[4]        Senate Selection of Bills Committee, Report No. 13 of 2015, 15 October 2015, Appendix 6.

[5]        See: https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Complementary_Protection

[6]        The Hon Peter Dutton MP, Minister for Immigration and Border Protection, House of Representatives Hansard, 14 October 2015, p. 11120.

[7]        Explanatory Memorandum (EM), p. 2.

[8]        Proposed subsection 5LAA(3) of the Bill. This is the same as Migration Act 1958 (Cth)
s 36(2A) which it replaces.

[9]        The Hon Peter Dutton MP, Minister for Immigration and Border Protection, House of Representatives Hansard, 14 October 2015, p. 11120.

[10]      The Hon Peter Dutton MP, Minister for Immigration and Border Protection, House of Representatives Hansard, 14 October 2015, p. 11121.

[11]      The Hon Scott Morrison MP, (then) Minister for Immigration and Border Protection, House of Representatives Hansard, 4 December 2013, pp 1521–1523.

[12]      The Hon Peter Dutton MP, Minister for Immigration and Border Protection, House of Representatives Hansard, 14 October 2015, p. 11122. 

[13]      EM, pp 2–3.

[14]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest No. 12 of 2015, p. 19.

[15]      Senate Standing Committee for the Scrutiny of Bills, Fourteenth Report of 2015, 2 December 2015, pp 754–755.

[16]      Parliamentary Joint Committee on Human Rights, Human Rights Scrutiny Report, Thirtieth report of the 44^th Parliament, p. 71.

Chapter 2

[1]        Explanatory Memorandum (EM), p. 31. 

[2]        Refugee and Immigration Legal Centre (RILC), Submission 16, p. 3.

[3]        Professor Michelle Foster, Director of the International Refugee Law Research Programme, University of Melbourne, Committee Hansard, 5 February 2016, p. 8.

[4]        Mr David Wilden, First Assistant Secretary, Department of Immigration and Border Protection (DIBP), Committee Hansard, 5 February 2016, p. 29.

[5]        DIBP, Answer to question on notice, 5 February 2016 (received 12 February 2016). 

[6]        Mr Wilden, DIBP, Committee Hansard, 5 February 2016, p. 28.

[7]        Law Council of Australia (LCA), Submission 2, p. 10.

[8]        Mr Greg Hanson, Solicitor, RILC, Committee Hansard, 5 February 2016, p. 20.

[9]        United Nations High Commissioner for Refugees (UNHCR), Submission 8, p. 8.

[10]      RILC, Submission 16, p. 5.

[11]      NSW Society of Labor Lawyers, Submission 10, p. 5. RILC, Submission 16, p. 5, also refers, in this regard, to the United States, the Republic of Ireland and Canada.

[12]      Castan Centre for Human Rights Law, Submission 1, p. 6.

[13]      Refugee Advice and Casework Service (RACS), Submission 8, p. 3.

[14]      Mr Scott Cosgriff, Senior Solicitor, RACS, Committee Hansard, 5 February 2016, p. 24.

[15]      Mr Wilden, DIBP, Committee Hansard, 5 February 2016, p. 28.

[16]      Mr Wilden, DIBP, Committee Hansard, 5 February 2016, p. 33.

[17]      Mr Wilden, DIBP, Committee Hansard, 5 February 2016, pp 28–29. 

[18]      Mr Wilden, DIBP, Committee Hansard, 5 February 2016, p. 33.

[19]      Dr Sarah Prichard SC, Chair, National Human Rights Committee, LCA, Committee Hansard, 5 February 2016, pp 3–4.

[20]      Professor Gillian Triggs, President, Australian Human Rights Commission (AHRC), Committee Hansard, 5 February 2016, p. 11.

[21]      Professor Triggs, AHRC, Committee Hansard, 5 February 2016, p. 13.

[22]      DIBP, Submission 18, p. 7.

[23]      Kaldor Centre for International Refugee Law and Institute for International Law and the Humanities, Submission 4, pp 8–9.

[24]      AHRC, Submission 3, p. 15.

[25]      Professor Triggs, AHRC, Committee Hansard, 5 February 2016, p. 11.

[26]      Mr Wilden, DIBP, Committee Hansard, 5 February 2016, p. 34.

[27]      Kaldor Centre for International Refugee Law and Institute for International Law and the Humanities, Submission 4, p. 7.

[28]      Professor Michelle Foster, Director of the International Refugee Law Research Programme, University of Melbourne, Committee Hansard, 5 February 2016, p. 10.

[29]      LCA, Submission 2, p. 14.

[30]      (2007) 233 CLR 18.

[31]      Dr Pritchard SC, LCA, Committee Hansard, 5 February 2016, p. 10.

[32]      The Hon Peter Dutton, Minister for Immigration and Border Protection, House of Representatives Hansard, 14 October 2015, p. 11121.

[33]      EM, p. 17. 

[34]      Mr Wilden, DIBP, Committee Hansard, 5 February 2016, pp 29 and 34.

[35]      Immigration Advice and Rights Centre (IARC), Submission 13, p. 4.

[36]      LCA, Submission 2, p. 19.

[37]      Mr Wilden and Mr Simon Duke, Director, DIBP, Committee Hansard, 5 February 2016, p. 35. 

[38]      DIBP, Submission 18, p. 12.

[39]      The Hon Peter Dutton, Minister for Immigration and Border Protection, House of Representatives Hansard, 14 October 2015, p. 11121.   

[40]      Mr Wilden, DIBP, Committee Hansard, 5 February 2016, p. 33. 

[41]      LCA, Answers to written questions on notice, 10 February 2016 (received 15 February 2016), p. 3. 

[42]      DIBP, Submission 18, p. 7.

[43]      LCA, Answers to written questions on notice, 10 February 2016 (received 15 February 2016), pp 4–5. 

[44]      LCA, Answers to written questions on notice, 10 February 2016 (received 15 February 2016), p. 5. 

Labor Senators' Dissenting Report

[1]        United Nations High Commissioner for Refugees (UNHCR), Submission 15, p. 5.

[2]        Refugee Advice and Casework Service (Aust) Inc, Submission 8, p. 1.

[3]        Refugee Advice and Casework Service (Aust) Inc, Submission 8, p. 2.

[4]        United Nations High Commissioner for Refugees (UNHCR), Submission 15, p. 6.

[5]        Refugee Advice and Casework Service (Aust) Inc, Submission 8, p. 4.

[6]        United Nations High Commissioner for Refugees (UNHCR), Submission 15, p. 11.