RECOMMENDATIONS

Recommendation 1

3.43      The committee recommends that the Australian Government enshrine in stand-alone legislation the role, responsibilities and functions of the Independent Reviewer of Adverse Security Assessments. Such legislation should specifically acknowledge and maintain the independence of that position.

Recommendation 2

3.44      The committee recommends that the Australian Government amend the Australian Security Intelligence Organisation Act 1979 to provide refugees who have received an adverse security assessment from the Australian Security Intelligence Organisation with a right to merits review of that assessment in the Security Appeals Division of the Administrative Appeals Tribunal. In developing this legislation, the committee recommends that the Australian Government give consideration to the concerns raised in evidence to this inquiry as to how best to balance the applicant's right to a fair hearing with maintaining national security.

Recommendation 3

3.45      In light of concerns raised during this inquiry about certain aspects of the legislation, the committee recommends that the Senate should not pass the Bill.

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