Footnotes

Chapter 1

[1] Journals of the Senate No. 11—12 December 2013, p. 361.

[2] Votes and Proceedings No 15—12 December 2013, p. 248.

[3] Explanatory Memorandum (EM), p.1‑2.

[4] [2012] FCAFC 131.

[5] [2013] FCAFC 104.

[6] EM, Attachment A, p. 3.

[7]An exception is provided where the MRT or RRT makes a decision to remit the application to the department for reconsideration.

[8] [2013] FCAFC 71.

[9] EM, Attachment A, p.6.

[10] EM, Attachment A, p.6.

[11] [2012] HCA 46.

[12] ASIO undertakes an assessment of whether an application is directly or indirectly a risk to security within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979

Chapter 2

[1] Item 3 also inserts a new subsection 5(9B) which provides an exception where the decision of the MRT or RRT is to remit the matter to the department for further consideration.

[2] EM, p.8.

[3] EM, p.18.

[4] Whether it is item 2 or item 3 that comes into effect depends on the timing of the passage of the Migration Amendment (Regaining Control Over Australia's Protection Obligations) Bill 2013.

[5] Whether it is item 4 or item 5 comes into effect depends on the timing of the passage of the Migration Amendment (Regaining Control Over Australia's Protection Obligations) Bill 2013.

Chapter 3

[1] Mr Ali Mojtahedi, Senior Solicitor, Refugee Advice and Casework Service (RACS), Proof Committee Hansard, 4 February 2014, p. 3.

[2] Ms Carina Ford, Member, Migration Law Committee, Law Council of Australia, Proof Committee Hansard, 4 February 2014 p. 28.

[3]  Though the tribunal retains the option to deliver decisions verbally.

[4] Ms Carina Ford, Migration Law Committee, Law Council of Australia, Proof Committee Hansard, 4 February 2014 p. 28.

[5] Ms Carina Ford, Migration Law Committee, Law Council of Australia, Proof Committee Hansard, 4 February 2014 p. 28.

[6] [2012] FCAFC 131.

[7] [2013] FCAFC 104.

[8] Submission 4, p. 3.

[9] Submission 7, p. 4.

[10] [2012] FCAFC 131, para 58.

[11] Mr Ali Mojtahedi, RACS, Proof Committee Hansard, 4 February 2014, p. 2.

[12] [2012] FCAFC 131.

[13] [2013] FCAFC 104.

[14] Mr Ali Mojtahedi, RACS, Proof Committee Hansard, 4 February 2014, p. 3.

[15] Mr Ali Mojtahedi, RACS, Proof Committee Hansard, 4 February 2014, p. 4.

[16] Mr Ali Mojtahedi, RACS, Proof Committee Hansard, 4 February 2014, p. 7.

[17] Mr Ali Mojtahedi, RACS, Proof Committee Hansard, 4 February 2014, p. 7.

[18] Ms Vicki Parker, General Counsel, Legal and Assurance Division, Department of Immigration and Border Protection,  Proof Committee Hansard, 4 February 2014, p. 35.

[19] Ms Vicki Parker, Department of Immigration and Border Protection,  Proof Committee Hansard, 4 February 2014, p. 35.

[20] Ms Vicki Parker, Department of Immigration and Border Protection, Proof Committee Hansard, 4 February 2014, p. 35.

[21] Ms Vicki Parker, Department of Immigration and Border Protection, Proof Committee Hansard, 4 February 2014, p. 38.

[22] Ms Carina Ford, Member, Migration Law Committee, Law Council of Australia, Proof Committee Hansard, 4 February 2014, p. 25.

[23] Ms Carina Ford, Law Council of Australia, Proof Committee Hansard, 4 February 2014, p. 25.

[24] Ms Vicki Parker, Department of Immigration and Border Protection, Proof Committee Hansard, 4 February 2014, p. 39

Chapter 4

[1] Mr Erskine Rodan OAM, Chair, Migration Law Committee, Law Council of Australia, Proof Committee Hansard, 4 February 2014, p. 24.

[2] Submission 4, p. 5.

[3] Submission 12, p. 2

[4] Ms Carina Ford, Member, Migration Law Committee, Law Council of Australia, Proof Committee Hansard, 4 February 2014, p. 24.

[5] Ms Carina Ford, Member, Migration Law Committee, Law Council of Australia, Proof Committee Hansard, 4 February 2014, p. 24. See also Submission 10, p. 1.

[6] Department of Immigration and Border Protection, answer to questions on notice, 4 February 2014 (received 7 February 2014), p. 2.

[7] Department of Immigration and Border Protection, answer to questions on notice, 4 February 2014 (received 7 February 2014), p. 3.

[8] Ms Vicki Parker, General Counsel, Legal and Assurance Division, Department of Immigration and Border Protection, Proof Committee Hansard, 4 February 2014, p. 39.

[9] Ms Vicki Parker, Department of Immigration and Border Protection, Proof Committee Hansard, 4 February 2014, p. 40.

[10]Ms Rebecca Eckard, Research Coordinator, Refugee Council of Australia, Proof Committee Hansard, 4 February 2014, p. 12.

[11] Ms Rebecca Eckard, Research Coordinator, Refugee Council of Australia, Proof Committee Hansard, 4 February 2014, p. 13.

[12] Ms Vicki Parker, General Counsel, Legal and Assurance Division, Department of Immigration and Border Protection, Proof Committee Hansard, 4 February 2014, p. 39.

Chapter 5

[1] Submission 7, p. 6.

[2] Submission 1, p. 1 and Submission 5, p. 5.

[3] Submission 1, p. 2, and Submission 5, p. 5.

[4] Submission 9, p.5

[5] Submission 9, p.4

[6] Mr Ali Mojtahedi, Senior Solicitor, RACS, Proof Committee Hansard,  4 February 2014, p. 22.

[7] Mr Daniel Webb, Director of Legal Advocacy, Human Right s Law Centre, Proof Committee Hansard, 4 February 2014, p. 18.

[8] Submission 9, p. 5.

[9] Submission 9, p. 5.

[10] Submission 3, p. 6.

[11] Submission 3, p. 6.

[12] Professor Gillian Triggs, President, Australian Human Rights Commission, Proof Committee Hansard, 4 February 2014, p 31.

[13] Professor Gillian Triggs, Australian Human Rights Commission, Proof Committee Hansard, 4 February 2014, p. 31.

[14] Submission 2, p. 2, Submission 5, pp 6‑7, Submission 8, pp 3‑4.

[15] Dr Ida Kaplan, Manager, Direct Services Program, Victorian Foundation for Survivors of Torture, Proof Committee Hansard,  4 February 2014, p.15.

[16] Ms Vicki Parker, General Counsel, Legal and Assurance Division, Department of Immigration and Border Protection, Proof Committee Hansard, 4 February 2014, p. 38.

[17] Ms Vicki Parker, Department of Immigration and Border Protection, Proof Affairs Committee Hansard, 4 February 2014, p. 38.

[18] Submission 10, para 2.1

[19] Submission 10, para 2.3.

[20] Mr Daniel Webb, Human Rights Law Centre, Legal and Constitutional Affairs Committee Hansard, 4 February 2014, p 17.

[21] Submission 5, p. 8.

[22] Ms Vicki Parker, Department of Immigration and Border Protection, Proof Committee Hansard, 4 February 2014, p. 37.

[23] Ms Vicki Parker Department of Immigration and Border Protection, Proof Committee Hansard, 4 February 2014, p. 37.

[24] AHRC, Refugee and Adverse Security Assessments, available from: http://www.humanrights.gov.au/sites/default/files/document/publication/tell-me-about-refugees-adverse-security.pdf (accessed: 6 February 2014).

[25] Attorney-General's Department, Terms of Reference for the Independent Reviewer of Adverse Security Assessments, available from: http://www.ag.gov.au/NationalSecurity/Counterterrorismlaw/Pages/IndependentReviewofAdverseSecurityAssessments.aspx (accessed: 6 February 2014).

[26] Mr Daniel Webb, Human Rights Law Centre, Proof Committee Hansard, 4 February 2014, p. 17.

[27] Ms Sarah Moulds, Acting Director, Criminal Law and Human Rights Division, Law Council of Australia, Proof Committee Hansard, 4 February 2014, p. 27.

[28] Professor Gillian Triggs, Australian Human Rights Commission, Proof Committee Hansard, 4 February 2014, p. 34.

[29] Mr Daniel Webb, Human Rights Law Centre, Proof Committee Hansard, 4 February 2014, p. 17.

[30] Mr Josef Szwarc, Manager, Research, Victorian Foundation for Survivors of Torture, Proof Committee Hansard, 4 February 2014, p.15.

[31] Professor Gillian Triggs, President, Australian Human Rights Commission, Proof Committee Hansard, 4 February 2014, p. 31.

[32] Ms Sarah Moulds, Law Council of Australia, Proof Committee Hansard,  4 February 2014, p. 25.

[33] AHRC, answers to question on notice, 4 February 2014, (received 6 February 2014), p. 1.

Dissenting Report - Senator Sarah Hanson-Young

[1] Submission 1, p. 3.

[2] [2012] FCAFC 131, para 58.

[3] Submission 9, p. 2.

[4] Ms Vicki Parker, General Counsel, Legal and Assurance Division, Department of Immigration and Border Protection, Proof Committee Hansard, 4 February 2014, p. 40.

[5] Submission 9, p. 3.

[6] Submission 10, para 2.4.

[7] Submission 9, p. 3.

[8] Submission 1 and Submission 9.

[9] Submission 6, p. 7.

[10] Human Rights Law Centre, Submission 5, p. 5.

[11] Joint Selection Committee on Australia's Immigration Detention Network, Final Report, March 2012, para 6.150.

[12] Joint Selection Committee on Australia's Immigration Detention Network, Final Report, March 2012, para 6.148.

[13] Joint Selection Committee on Australia's Immigration Detention Network, Final Report, March 2012, para 6.151.

[14] Joint Selection Committee on Australia's Immigration Detention Network, Final Report, March 2012, para 6.152.

[15] United Nations Office of the High Commissioner for Human Rights, 'Australia's detention of 46 refugees 'cruel and degrading', UN rights experts find'. 22 August 2013,

[16] Submission 5, p. 7.

[17] Submission 1, p. 2.