Footnotes

CHAPTER 1 - Introduction

[1]        House of Representatives, Votes and Proceedings, No. 34-27 March 2014, p. 436.

[2]        Journals of the Senate, No. 26-37 March 2014, p. 741.

[3]        Senate Legal and Constitutional Affairs Legislation Committee, Interim report for the inquiry into the Migration Legislation Amendment Bill (No. 1) 2014 [Provisions], May 2014, p. 1.

[4]        Explanatory Memorandum (EM), p. 1.

[5]        EM, pp 5–11.

[6]        The Hon Scott Morrison MP, Minister for Immigration and Border Protection, Second Reading Speech, House of Representatives Hansard, 27 March 2014, p. 3328.

[7]        [2013] FCCA1526.

[8]        Minister for Immigration and Border Protection v Kim [2014] FCAFC 47.

[9]        The Hon Scott Morrison MP, Minister for Immigration and Border Protection, Second Reading Speech, House of Representatives Hansard, 27 March 2014, p. 3328.

[10]      EM, p. 12.

[11]      [2003] FCA 1277.

[12]      EM, p. 13.

[13]      The Hon Scott Morrison MP, Minister for Immigration and Border Protection, Second Reading Speech, House of Representatives Hansard, 27 March 2014, p. 3329.

[14]      Subsection 195(1) of the Act provides that a detainee must apply for a visa within 2 working days after the day he/she has been told by an officer the consequences of his/her detention under section 194 of the Act. However, if he/she informs the offer of his/her intention to apply for a visa paragraph 195(1)(b) allows the detainee an additional 5 days after the two day period has expired in which to apply.

[15]      EM, p. 15.

[16]      The Hon Scott Morrison MP, Minister for Immigration and Border Protection, Second Reading Speech, House of Representatives Hansard, 27 March 2014, p. 3329.

[17]      The Hon Scott Morrison MP, Minister for Immigration and Border Protection, Second Reading Speech, House of Representatives Hansard, 27 March 2014, p. 3329.

[18]      EM, pp 18–26.

[19]      EM, p. 19.

[20]      The Hon Scott Morrison MP, Minister for Immigration and Border Protection, Second Reading Speech, House of Representatives Hansard, 27 March 2014, p. 3329.

[21]      The Hon Scott Morrison MP, Minister for Immigration and Border Protection, Second Reading Speech, House of Representatives Hansard, 27 March 2014, p. 3330.

[22]      The Hon Scott Morrison MP, Minister for Immigration and Border Protection, Second Reading Speech, House of Representatives Hansard, 27 March 2014, p. 3330.

[23]      The Hon Scott Morrison MP, Minister for Immigration and Border Protection, Second Reading Speech, House of Representatives Hansard, 27 March 2014, p. 3330.

[24]      Subsection 57(1) of the Migration Act. Section 5 of the Migration Act defines non‑disclosable information as information or matter whose disclosure would, in the minister's opinion, be contrary to the national interest or would result in a breach of confidence action.

[25]      The Hon Scott Morrison MP, Minister for Immigration and Border Protection, Second Reading Speech, House of Representatives Hansard, 27 March 2014, p. 3330.

[26]      The Hon Scott Morrison MP, Minister for Immigration and Border Protection, Second Reading Speech, House of Representatives Hansard, 27 March 2014, pp. 3330-1331.

CHAPTER 2 - Key issues

[1]        Refugee Advice and Casework Service, Submission 1, pp 1-5; National Ethnic Disability Alliance and the Federation of Ethnic Communities' Councils of Australia, Submission 2, pp 1‑4; Salvos Legal, Submission 3, pp 1-3; Human Rights Law Centre, Submission 4, pp 2-4; Refugee Council of Australia, Submission 5, pp 1-3.

[2]        Mr Ali Mojtahedi, Senior Solicitor, Refugee Advice and Casework Service, Committee Hansard, 28 July 2014, p. 3.

[3]        Ms Katie Wrigley, Principal Solicitor, Refugee Advice and Casework Service, Committee Hansard, 28 July 2014, pp 7-8; Ms Emily Howie, Director of Advocacy and Research, Human Rights Law Centre, Committee Hansard, 28 July 2014, p. 11.

[4]        Submission 1, p. 3.

[5]        Ms Katie Wrigley, Principal Solicitor, Refugee Advice and Casework Service, Committee Hansard, 28 July 2014, pp 7-8.

[6]        Ms Katie Wrigley, Principal Solicitor, Refugee Advice and Casework Service, Committee Hansard, 28 July 2014, p. 7.

[7]        Ms Katie Wrigley, Principal Solicitor, Refugee Advice and Casework Service, Committee Hansard, 28 July 2014, p. 8.

[8]        Submission 1, p. 3.

[9]        Ms Katie Wrigley, Principal Solicitor, Refugee Advice and Casework Service, Committee Hansard, 28 July 2014, p. 1.

[10]      Refugee Advice and Casework Service, Submission 1, p. 5; Salvos Legal, Submission 3, p. 2; Human Rights Law Centre, Submission 4, pp 2-3; Refugee Council of Australia, Submission 5, pp 2-3.

[11]      Submission 1, p. 5.

[12]      Submission 4, pp 2-3. Both the Senate Standing Committee for the Scrutiny of Bills and the Parliamentary Joint Committee on Human Rights raised concerns with regards to Australia's human rights obligations: Senate Standing Committee for the Scrutiny of Bills, Alert Digest 5/14, 14 May 2014, p. 23; Parliamentary Joint Committee on Human Rights, Seventh Report of the 44th Parliament, June 2014, pp 30–46.

[13]      Ms Emily Howie, Director of Advocacy and Research, Human Rights Law Centre, Committee Hansard, 28 July 2014, pp 10-11.

[14]      Submission 5, p. 2.

[15]      Ms Emily Howie, Director of Advocacy and Research, Human Rights Law Centre, Committee Hansard, 28 July 2014, p. 11.

[16]      Ms Emily Howie, Director of Advocacy and Research, Human Rights Law Centre, Committee Hansard, 28 July 2014, p. 10.

[17]      Salvos Legal, Submission 3, p. 2; Human Rights Law Centre, Submission 4, p. 3; Refugee Council of Australia, Submission 5, p. 2.

[18]      Submission 5, p. 2.

[19]      Ms Katie Wrigley, Principal Solicitor, Refugee Advice and Casework Service, Committee Hansard, 28 July 2014, p. 1; Ms Emily Howie, Director of Advocacy and Research, Human Rights Law Centre, Committee Hansard, 28 July 2014, p. 11.

[20]      Ms Katie Wrigley, Principal Solicitor, Refugee Advice and Casework Service, Committee Hansard, 28 July 2014, p. 1.

[21]      Dr Wendy Southern, Deputy Secretary of the Policy and Program Management Group, Department of Immigration and Border Protection, Committee Hansard, 28 July 2014, p. 15.

[22]      Dr Wendy Southern, Deputy Secretary of the Policy and Program Management Group, Department of Immigration and Border Protection, Committee Hansard, 28 July 2014, p. 15.

[23]      Dr Wendy Southern, Deputy Secretary of the Policy and Program Management Group, Department of Immigration and Border Protection, Committee Hansard, 28 July 2014, p. 14.

[24]      Dr Wendy Southern, Deputy Secretary of the Policy and Program Management Group, Department of Immigration and Border Protection, Committee Hansard, 28 July 2014, p. 16.

[25]      Dr Wendy Southern, Deputy Secretary of the Policy and Program Management Group, Department of Immigration and Border Protection, Committee Hansard, 28 July 2014, p. 16.

[26]      Dr Wendy Southern, Deputy Secretary of the Policy and Program Management Group, Department of Immigration and Border Protection, Committee Hansard, 28 July 2014, p. 17.

[27]      Department of Immigration and Border Protection, Additional information, received 15 August 2014.

[28]      Department of Immigration and Border Protection, answer to a question on notice, received 11 August 2014, p. 3.

[29]      Department of Immigration and Border Protection, answer to a question on notice, received 11 August 2014, p. 2.

[30]      Department of Immigration and Border Protection, answer to a question on notice, received 11 August 2014, pp 1-2.

[31]      Department of Immigration and Border Protection, answer to a question on notice, received 11 August 2014, p. 1.

[32]      Department of Immigration and Border Protection, answer to a question on notice, received 11 August 2014, p. 1.

[33]      Department of Immigration and Border Protection, answer to a question on notice, received 11 August 2014, p. 1.

[34]      Department of Immigration and Border Protection, Additional information, received 15 August 2014.

[35]      Submission 1, p. 6.

[36]      Ms Katie Wrigley, Principal Solicitor, Refugee Advice and Casework Service, Committee Hansard, 28 July 2014, p. 2.

[37]      Ms Katie Wrigley, Principal Solicitor, Refugee Advice and Casework Service, Committee Hansard, 28 July 2014, p. 4.

[38]      Submission 3, p. 2.

[39]      Submission 3, pp 2-3.

[40]      Ms Katie Wrigley, Principal Solicitor, Refugee Advice and Casework Service, Committee Hansard, 28 July 2014, p. 2.

[41]      Dr Wendy Southern, Deputy Secretary of the Policy and Program Management Group, Department of Immigration and Border Protection, Committee Hansard, 28 July 2014, p. 13.

[42]      Department of Immigration and Border Protection, Additional information, received 15 August 2014.

[43]      EM, p. 13.

[44]      Dr Wendy Southern, Deputy Secretary of the Policy and Program Management Group, Department of Immigration and Border Protection, Committee Hansard, 28 July 2014, p. 13.

[45]      Department of Immigration and Border Protection, Additional information, received 15 August 2014.

[46]      Submission 1, p. 8.

[47]      Submission 1, p. 8.

[48]      The Hon Scott Morrison MP, Minister for Immigration and Border Protection, Second Reading Speech, House of Representatives Hansard, 27 March 2014, p. 3329.

[49]      EM, p. 18.

[50]      [2013] FCAFC 156.

[51]      EM, p. 18.

[52]      EM, p. 18.

[53]      Department of Immigration and Border Protection, Additional information, received 15 August 2014.

[54]      Mr Ali Mojtahedi, Senior Solicitor, Refugee Advice and Casework Service, Committee Hansard, 28 July 2014, p. 7.

[55]      Submission 1, pp 9-10.

[56]      Submission 1, pp 9-10.

[57]      Ms Katie Wrigley, Principal Solicitor, Refugee Advice and Casework Service, Committee Hansard, 28 July 2014, p. 2.

[58]      Department of Immigration and Border Protection, Additional information, received 15 August 2014.

       Dissenting Report    - Senator Sarah Hanson-Young

[1]        Refugee Council of Australia, Submission 5, p. 1.

[2]        Human Rights Law Centre, Submission 4, p. 4.

[3]        Human Rights Law Centre, Submission 4, p. 3.

[4]        Migration Legislation Amendment Bill 2014 [Provisions], Explanatory Memorandum, Attachment A, Statement of Compatibility, p. 12.

[5]        Salvos Legal, Submission 3, p. 2.

[6]        Refugee Council of Australia, Submission 5, p. 2.

[7]        Salvos Legal, Submission 3, p. 2.

[8]        Ms Katie Wrigley, Principal Solicitor, Refugee Advice and Casework Service, Committee Hansard, 28 July 2014, p. 4.

[9]        Refugee Council of Australia, Submission 5, p. 2.

[10]      Refugee Advice and Casework Service, Submission 1, p. 8.

[11]      Refugee Council of Australia, Submission 5, p. 4.

[12]      Refugee Council of Australia, Submission 5, p. 4.