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.