Footnotes

Footnotes

CHAPTER 1 - Introduction and overview

[1]        Journals of the Senate, No. 27–24 March 2011, p. 1743.

[2]        Journals of the Senate, No. 27–24 March 2011, p. 1743.

[3]        'Unlawful non-citizen' is given meaning by section 14 of the Act. An unlawful non-citizen is a non-citizen in the migration zone without a valid visa.

[4]        Department of Immigration and Citizenship, Fact Sheet 81 – Australia's Excised Offshore Places, http://www.immi.gov.au/media/fact-sheets/81excised-offshore.htm (accessed  6 July 2011).

[5]        Department of Immigration and Citizenship, Fact Sheet 81 – Australia's Excised Offshore Places.

[6]        Law Council of Australia, Submission 14, p. 13.

[7]        Law Council of Australia, Submission 14, pp. 14-15.

[8]        Migration Act 1958, s.474.

[9]        www.aph.gov.au/Senate/committee/legcon_ctte/migration_detentionreform_procedural
fairness/submissions.htm

CHAPTER 2 - Key issues

[1]        Queensland Law Society, Submission 9, p. 4.

[2]        Department of Immigration and Citizenship, Submission 25, p. 7.

[3]        Mr Robert Illingworth, Acting First Assistant Secretary, Department of Immigration and Citizenship, Committee Hansard, 4 August 2011, p. 25.

[4]        Professor Penelope Mathew, Submission 20, p. 2; Amnesty International, Submission 23, p. 8.

[5]        Amnesty International, Submission 23, p. 8.

[6]        Public Interest Advocacy Centre, Submission 12, p. 3.

[7]        Department of Immigration and Citizenship, Submission 25, p. 10.

[8]        Mr James Kwan, Submission 11, p. 6.

[9]        Queensland Law Society, Submission 9, p. 4.

[10]      The Hon. Chris Bowen, MP, Minister for Immigration and Citizenship, New Directions in Detention – Restoring Integrity to Australia's Immigration System, 29 July 2008, http://www.minister.immi.gov.au/media/speeches/2008/ce080729.htm (accessed 7 July 2011); Amnesty International, Submission 23, p. 5; Refugee Council of Australia, Submission 24, p. 1; United Nations High Commissioner for Refugees, Submission 19, p. 2; Australian Lawyers for Human Rights, Submission 26, p. [4].

[11]      Migration Act 1958, s. 189.

[12]      Queensland Police Service, Submission 7, p. [1].

[13]      Law Council of Australia, Submission 14, p. 9.

[14]      The role of magistrates in the Bill is discussed further under 'The power of magistrates' and 'Vesting the judiciary with executive powers'.

[15]      Department of Immigration and Citizenship, Submission 25, p. 5.

[16]      Migration Amendment (Detention Reform and Procedural Fairness) Bill 2010, ss. 195B(3).

[17]      Law Council of Australia, Submission 14, p. 10.

[18]      Australian Lawyers for Human Rights, Submission 26, p. [5].

[19]      Refugee Council of Australia, Submission 24, p. 10.

[20]      Law Council of Australia, Submission 14, p. 10.

[21]      Ms Rosemary Budavari, Co-Director Criminal Law and Human Rights, Law Council of Australia, Committee Hansard, 4 August 2011, p. 15.

[22]      Department of Immigration and Citizenship, Submission 25, p. 13.

[23]      Civil Liberties Australia, Submission 1, p. 4.

[24]      Queensland Law Society, Submission 9, p. 5; Law Society of New South Wales, Submission 17, 4.

[25]      Senator Sarah Hanson-Young, Committee Hansard, 4 August 2011, p. 4; Mr David Irvine AO, Director-General of Security, Australian Security Intelligence Organisation, Estimates Hansard, 25 May 2011, p. 108.

[26]      Migration Amendment, ss. 195C(2).

[27]      Migration Amendment, ss. 195C(3).

[28]      Public Interest Advocacy Centre, Submission 12, p. 4.

[29]      Department of Immigration and Citizenship, Submission 25, p. 15.

[30]      Migration Act, ss 196(1).

[31]      Department of Immigration and Citizenship, Submission 25, p. 13.

[32]      Department of Immigration and Citizenship, Submission 25, p. 13.

[33]      Refugee Council of Australia, Submission 24, p. 10.

[34]      Department of Immigration and Citizenship, Submission 25, p. 14.

[35]      Law Council of Australia, Submission 14, p. 3.

[36]      Law Council of Australia, Submission 14, p. 13.

[37]      Queensland Law Society, Submission 9, p. 4.

[38]      Professor Mathew, Submission 20, p. 2.

[39]      Dr Graham Thom, National Refugee Coordinator, Amnesty International Australia, Committee Hansard, 4 August 2011, p. 3.

[40]      Law Council of Australia, Submission 14, p. 11.

[41]      Department of Immigration and Citizenship, Submission 25, p. 14.

[42]      Department of Immigration and Citizenship, Submission 25, p. 11; Mr Illingworth, Committee Hansard, 4 August 2011, p. 20.

[43]      Department of Immigration and Citizenship, Submission 25, p. 18.

[44]      Subsection 474(1) of the Migration Act gives meaning to privative clause decisions.

[45]      Public Interest Advocacy Centre, Submission 12, p. 6.

[46]      Australian Lawyers for Human Rights, Submission 26, p. [8].

[47]      Australian Human Rights Commission, Submission 22, p. 12.

[48]      Department of Immigration and Citizenship, Submission 25, p. 16

[49]      Ms Jenny Hardy, Chief Lawyer, Department of Immigration and Citizenship, Committee Hansard, 4 August 2011, p. 19.

[50]      Law Council of Australia, Submission 14, p. 10.

[51]      Dr Thom, Committee Hansard, 4 August 2011, p. 6.

[52]      Ms Budavari, Committee Hansard, 4 August 2011, p. 15.

[53]      Department of Immigration and Citizenship, Submission 25, p. 13.

[54]      Law Council of Australia, Submission 14, p. 15.

[55]      Department of Immigration and Citizenship, Submission 25, p. 19.

[56]      Department of Immigration and Citizenship, Submission 25, p. 13.

[57]      Professor Mathew, Submission 20, p. 2.

[58]      Law Council of Australia, Submission 14, p. 15.

[59]      Australian Human Rights Commission, Submission 22, p. 8.

DISSENTING REPORT BY SENATOR HANSON-YOUNG

[1]        Law Council of Australia, Submission 14; Refugee Council of Australia Submission 24; Castan Centre for Human Rights Law, Submission No.5; Public Interest Advocacy Centre, Submission No.12.

[2]        Refugee Council of Australia, Submission 24, p. 4.

[3]        Department of Immigration and Citizenship, Submission No.25, p. 14.