Footnotes

CHAPTER 1 - INTRODUCTION

[1]        Sections 100 through 114 deal with visa applications containing false information or which are falsified.

[2]        Refusal or cancellation of visas under Sections 501, 501A and 501B relate to character concerns. They cover persons who have a substantial criminal record, consorted with criminals, or engaged in conduct which suggests they are not of good character. Character concern also applies where there is a 'significant risk' the person would engage in criminal conduct, harass or vilify others, incite discord, or in some other way represent a danger to the Australian community.

[3]        As defined in Section 5C, which largely mirrors the character assessment model in sections 501, 501A and 501B (see previous).

CHAPTER 2 - ISSUES

[1]        These values are reproduced at Appendix 3.

[2]        See, for example, Uniting Justice, submission 14, p. 5. Other submitters in general support of the measures contained in the Bill included, for example, Immigration Advice and Rights Centre (IARC) & Refugee Advice and Casework Service (RACS), submission 20, p. 2; Coalition for Asylum Seekers, Refugees and Detainees, submission 22, p. 1; Australian Human Rights Commission, submission 26, p. 5; Community Legal Centres NSW, submission 29, p. 1; Refugee Council of Australia, submission 37, pp1–2.

[3]        Law Council of Australia, submission 30, p. 1.

[4]        See, for example, Australian Lawyers for Human Rights, submission 12, p. 2.

[5]        See, for example, A Just Australia, submission 19, p.10.

[6]        Commonwealth Ombudsman, submission 33, p. 1.

[7]        See, for example, Australian Human Rights Commission, submission 25, p. 26; Uniting Justice, submission 14, p. 5; Public Interest Law Clearing House, submission 38, p. 5.

[8]        Proof Committee Hansard, 7 August 2009, p. 20.

[9]        See, for example, Refugee and Immigrant Legal Centre, submission 43, p. 6; Law Institute of Victoria, submission 18, p. 6.

[10]      Australian Human Rights Commission, submission 25, p. 15.

[11]      Australian Lawyers for Human Rights, submission 12, p. 2.

[12]      Law Institute of Victoria, submission 18, p. 6.

[13]      Refugee and Immigrant Legal Centre, submission 43, pp 8–9.

[14]      See, for example, Refugee Council of Australia, submission 37, p. 4; Castan Centre for Human Rights, submission 47, p. 5.

[15]      Department of Immigration and Citizenship, submission 15, p. 17. These two cohorts of persons are comprehensively addressed in the submission on pages 16 and 17.

[16]      Human Rights Law Resource Centre, submission 34, p. 15. See also, for example, Refugee and Immigrant Legal Centre, submission 43, p. 8.

[17]      IARC/RACS, submission 20, p. 9, Australian Human Rights Commission, submission 26, p. 15.

[18]      See, for example, Human Rights Law Resource Centre, submission 34, p. 14.

[19]      Australian Human Rights Commission, submission 26, pp 12–14. See also, for example, Refugee Council of Australia, submission 37, p. 5.

[20]      See, for example, Refugee and Immigrant Legal Centre, submission 43, p. 12.

[21]      See, for example, Australian Lawyers for Human Rights, submission 12, p. 3.

[22]      Australian Human Rights Commission, submission 26, pp 16–17.

[23]      Australian Human Rights Commission, submission 26, pp 16–17.

[24]      Law Institute of Victoria, submission 18, p. 8.

[25]      Australian Human Rights Commission, submission 26, p. 18.

[26]      See, for example, Refugee and Immigrant Legal Centre, submission 43, p. 20; Law Institute of Victoria, submission 18, p. 9; Australian Human Rights Commission, submission 26, p. 24.

[27]      Liberty Victoria, submission 31, p. 1.

[28]      Human Rights Law Resource Centre, submission 34, p. 19.

[29]      See, for example, IARC/RACS, submission 20, p. 11; Law Council of Australia, submission 30, p. 3; Human Rights Law Resource Centre, submission 34, p. 3; Refugee Council of Australia, submission 37, p. 5.

[30]      Ms Alison Larkins, Department of Immigration and Citizenship, Proof Committee Hansard, 7 August 2009, p. 57.

[31]      In addition to those quoted below, see for example Australian Human Rights Commission, submission 26, pp 20–24; Human Rights Law Resource Centre, submission 34, pp 3–4; Amnesty International, submission 39, p. 5.

[32]      Joint Standing Committee on Migration, Immigration detention in Australia: A new beginning, 2008.

[33]      Joint Standing Committee on Migration, Immigration detention in Australia: A new beginning, 2008, p. 171.

[34]      Australian Lawyers for Human Rights, submission 12, p. 4.

[35]      Refugee and Immigrant Legal Centre, submission 43, pp 16, 18.

[36]      Australian Human Rights Commission, submission 26, p. 22.

[37]      Australian Human Rights Commission, submission 26, p. 22.

[38]      Submission 20, p. 8.

[39]      Submission 22, p. 4.

[40]      Submission 38, p. 23.

[41]      Submission 34, p. 4.

[42]      Joint Standing Committee on Migration, Immigration detention in Australia: A new beginning, 2008, p. 87.

[43]      Joint Standing Committee on Migration, Immigration detention in Australia: A new beginning, 2008, p. 90.

[44]      Joint Standing Committee on Migration, Immigration detention in Australia: A new beginning, 2008, Recommendation 13.

[45]      Joint Standing Committee on Migration, Immigration detention in Australia: A new beginning, 2008, Recommendation 14.

[46]      Department of Immigration and Citizenship, submission 15, p. 14.

[47]      Amnesty International, submission 39, p. 6. Support was also received from the New South Wales Commission for Children and Young People, submission 48, p. 1.

[48]      Australian Human Rights Commission, submission 26, p. 10.

[49]      Australian Human Rights Commission, submission 26, p. 10, citing Article 9(1).

[50]      Submission 20, p. 7. See also, for example, Federation of Ethnic Communities' Council of Australia (FECCA), submission 10, p. 3; Coalition for Asylum Seekers, Refugees and Detainees (CARAD), submission 22, p. 4; Community Legal Centres NSW, submission 29, p. 2.

[51]      IARC/RACS, submission 20, p. 7.

[52]      See, for example, A Just Australia, submission 19, p. 10; Australian Human Rights Commission, submission 26, p. 11; Human Rights Law Resource Centre, submission 34, p. 17.

[53]      Submission 31, p. 3.

[54]      Ms Alison Larkins, Proof Committee Hansard, 7 August 2009, p. 53.

[55]      Uniting Justice, submission 14, p. 9.

[56]      A Just Australia, submission 19, pp 9–10.

[57]      Refugee Council of Australia, submission 37, p. 4.

[58]      Ms Rowena Irish, Proof Committee Hansard, 7 August 2009, p. 16.

[59]      Ms Kate Gauthier, Proof Committee Hansard, 7 August 2009, p. 46.

[60]      Mr Peter Hughes, Proof Committee Hansard, 7 August 2009, p. 53.

Liberal senators' minority report

[1]        See, for example, Law Institute of Victoria, submission 18, p. 6; Refugee and Immigrant Legal Centre, submission 43, pp 8­9; Refugee Council of Australia, submission 37, p. 4.

[2]        Immigration Detention Statistics Summary, Community and Detention Services Division, Department of Immigration and Citizenship, as at 17 July 2009.

[3]        Messrs Correll and Hughes, and Ms Larkins Department of Immigration and Citizenship, Proof Committee Hansard, 7 August 2009, p. 7.

[4]        Mr Correll, Department of Immigration and Citizenship, Proof Committee Hansard, 7 August 2009, p. 9. Mr Correll later referred to a figure of '300 to 400' beds.

Additional comments by Senator Sarah Hanson-Young

[1] Migration Amendment (Immigration Detention Reform) Bill 2009 – Minister Evans’  second reading speech

[2] Committee Hansard 07/08/09 p.16 https://www.aph.gov.au/hansard/senate/commttee/S12355.pdf

[3] Human Rights Law Resource Centre, Committee Hansard 07/08/09 p.19 https://www.aph.gov.au/hansard/senate/commttee/S12355.pdf

[4] see dissenting report by Mr Petro Georgiou, Senator Eggleston and Senator Hanson-Young “Immigration detention in Australia: A new beginning – criteria for release from detention”

[5] Article 9(4) of the ICCPR provides that, “Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.”

[6] “New Directions in Detention – Restoring Integrity to Australia’s Immigration System,” 29 July 2008.

[7] A Just Australia Submission No.19 p.11

[8] Committee Hansard 07/08/09 p.17 https://www.aph.gov.au/hansard/senate/commttee/S12355.pdf

[9] Committee Hansard, 07/08/09 p.21https://www.aph.gov.au/hansard/senate/commttee/S12355.pdf

[10] Committee Hansard 07/08/09 p.26 https://www.aph.gov.au/hansard/senate/commttee/S12355.pdf

[11] Law Institute of Victoria Submission No.18 p.6

[12] Human Rights Law Council Submission No.34 p.19

[13] Public Interest Law Clearing House (PILCH) Submission No.39 p.28