Footnotes

Chapter 1 - Introduction

[1]        EM, p. 1, paragraph 1.

[2]        p. 3, paragraph 12.

Chapter 2 - Overview of the Bill

[1]        Most of the text in this chapter is taken directly from the EM to the Bill, and the Second Reading Speech.

[2]        The Bill enacts separate but identical provisions in relation to each of the Tribunals. For this reason, on occasions, there will be a reference in the report to 'the Tribunal'. A reference to 'the Tribunal' is a reference to either the MRT or the RRT.

[3]        Migration Review Tribunal and Refugee Review Tribunal Annual Report, http://www.mrt.gov.au/publications/ar0506/MRTRRTAR0506.pdf [Accessed 19/12/06].

[4]        Migration Review Tribunal, www.mrt.gov.au/about.htm [Accessed 8/12/06].

[5]        Migration Review Tribunal, www.mrt.gov.au/about.htm [Accessed 8/12/06].

[6]        EM, p. 2.

[7]        pp 2-3.

[8]        p. 2.

[9]        Senate Hansard, 7 December 2006, pp 22-23.

[10]      Submission 13, p. 2.

[11]      Senator the Hon. Chris Ellison, Minister for Justice and Customs, Senate Hansard, 7 December 2006, pp 2-3.

[12]      Proposed subparagraphs 359AA(b)(i) and 424AA(b)(i).

[13]      Proposed subparagraphs 359AA(b)(ii), (iii) and (iv) and proposed subparagraphs 424AA(b)(ii), (iii) and (iv).

Chapter 3 - Key issues

[1]        See, for example, Submission 11, p.2; see also HREOC, Committee Hansard, 31 January 2007, p. 12.

[2]        Submission 5, p. 12; see also Refugee Advice and Casework Service, Submission 8, p. 5.

[3]        Submission by the International Law Section of the Law Council of Australia to DIMA, Proposed Amendments to the Migration Act, 7 November 2006, p. 4; see also Mr John Gibson, Refugee Council of Australia, Committee Hansard, 31 January 2007, pp 18 & 20.

[4]        Submission 3, p. 3.

[5]        Submission 3, p. 3; see also Mr Kerry Murphy, Australian Lawyers for Human Rights (ALHR), Committee Hansard, 31 January 2007, pp 4 & 7.

[6]        ALHR, Committee Hansard, 31 January 2007, pp 6-7 and p. 9; see also HREOC, Committee Hansard, 31 January 2007, p. 15.

[7]        Submission 4, p. 14; see also Mr John Gibson, Refugee Council of Australia, Committee Hansard, 31 January 2007, p. 17.

[8]        See, for example, A Just Australia, Submission 3, p. 1; Castan Centre, Submission 4, p. 14; Submission by the International Law Section of the Law Council of Australia to DIMA, Proposed Amendments to the Migration Act, 7 November 2006, p. 2.

[9]        Committee Hansard, 31 January 2007, p. 19.

[10]      Submission 13, p. 8.

[11]      Submission 5, p. 2; see also Mr Craig Lenehan, Australian Lawyers for Human Rights, Committee Hansard, 31 January 2007, p. 2; Mr Graeme Innes AM, Human Rights Commissioner, HREOC, Committee Hansard, 31 January 2007, p. 12.

[12]      Committee Hansard, 31 January 2007, p. 29.

[13]      Submission 5, p. 7; see also Legal Aid Commission of NSW, Submission 7, p. 2; A Just Australia, Submission 3, p. 2.

[14]      Committee Hansard, 31 January 2007, pp 19-20.

[15]      Submission 8, p. 4; see also Legal Aid Commission of NSW, Submission 7, p. 3; ALHR, Submission 9, p. 6.

[16]      Committee Hansard, 31 January 2007, p. 20.

[17]      Committee Hansard, 31 January 2007, p. 26; see also Mr Graeme Innes AM, HREOC, Committee Hansard, 31 January 2007, p. 12; Castan Centre, Submission 4, p. 18; Submission 6, p. 4.

[18]      Submission 7, p. 5.

[19]      Committee Hansard, 31 January 2007, p. 31.

[20]      SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 24 at 175 (18 May 2005).

[21]      Submission 4, p. 18.

[22]      Committee Hansard, 31 January 2007, p. 11; see also Submission 5, p. 8.

[23]      Submission 5, p. 11; see also Committee Hansard, 31 January 2007, pp 12 & 15.

[24]      Submission 7, p. 4; see also Committee Hansard, 31 January 2007, p. 18.

[25]      Submission 13, p. 5.

[26]      Ms Michaela Byers, Submission 2, p. 3; see also HREOC, Submission 5, p. 4; RACS, Submission 8, p. 5.

[27]      Committee Hansard, 31 January 2007, p. 8.

[28]      Committee Hansard, 31 January 2007, p. 8.

[29]      Committee Hansard, 31 January 2007, p. 23.

[30]      Submission 13, pp 3-4.

[31]      Committee Hansard, 31 January 2007, p. 43.

[32]      Commonwealth of Australia, Migration Review Tribunal and Refugee Review Tribunal Annual Report 2005-06, p. 29.

[33]      Submission 8, p. 4.

[34]      Submission 4, p. 17.

[35]      Submission 2, p. 1.

[36]      Committee Hansard, 31 January 2007, pp 22 & 23.

[37]      Committee Hansard, 31 January 2007, p. 23.

[38]      Submission 12A, p. 2.

[39]      Submission 13, p. 5; see also Committee Hansard, 31 January 2007, p. 33.

[40]      Submission 2, p. 2; see also A Just Australia, Submission 3, p. 1; RACS, Submission 8, p. 3; Refugee and Immigration Legal Centre, Submission 16, p. 4.

[41]      Committee Hansard, 31 January 2007, p. 13.

[42]      Submission 3, p. 4; see also RACS, Submission 8, p. 3.

[43]      Submission 5, p. 6; see also FECCA, Submission 11, p. 2.

[44]      Submission 14, p. 4.

[45]      Submission 5, p. 6.

[46]      See Senator the Hon. Chris Ellison, Minister for Justice and Customs, Senate Hansard, 7 December 2006, p. 22.

[47]      Submission 9, pp 7-8.

[48]      Committee Hansard, 31 January 2007, p. 11; see also Submission by the International Law Section of the Law Council of Australia to DIMA, Proposed Amendments to the Migration Act, 7 November 2006, p. 3.

[49]      Submission 13, p. 7.

[50]      Committee Hansard, 31 January 2007, p. 13.