Footnotes

Chapter 1 - Background

[1] Journals of the Senate No. 7—5 December 2013, p. 24.

[2] Votes and Proceedings No 10—4 December 2013, p. 163.

[3] Explanatory Memorandum (EM), Migration Amendment (Regaining Control Over Australia's Protection Obligations) Bill 2013, p. 1.

[4] Explanatory Memorandum, Migration Amendment (Complementary Protection) Bill 2011.

[5] EM, p. 1.

[6] Submission 3.1.

[7] Submission 3.1, p. 4.

[8] Submission 3.1, p. 5.

[9] Hon. Scott Morrison MP, Minister for Immigration and Border Protection, Second Reading Speech, House of Representatives Hansard, 4 December 2013, p.1522.

[10] Hon. Scott Morrison MP, Minister for Immigration and Border Protection, Second Reading Speech, House of Representatives Hansard, 4 December 2013, p.1523.

[11] Hon. Scott Morrison MP, Minister for Immigration and Border Protection, Second Reading Speech, House of Representatives Hansard, 4 December 2013, p.1521.

[12] Minister for Immigration and Citizenship v SZQRB [2013] FCAFC 33 and Minister for Immigration and Citizenship v MZYYL [2012] FCFA 147.

[13] Submission 3, p 4.

[14] Submission 3, p 4.

[15] Hon. Scott Morrison MP, Minister for Immigration and Border Protection, Second Reading Speech, House of Representatives Hansard, 4 December 2013, p.1521.

[16] Hon. Scott Morrison MP, Minister for Immigration and Border Protection, Second Reading Speech, House of Representatives Hansard, 4 December 2013, p.1521.

Chapter 3 - Key issues

[1] Professor Jane McAdam, Proof Committee Hansard, 14 February 2014, p. 20. See also Submission 4 and Submission 12, p. 4.

[2] For more information see Submission 11, Submission 22, and Submission 27.

[3] Professor Ben Saul, Member, National Human Rights Committee, Law Council of Australia, Proof Committee Hansard, 14 February 2014, p. 46.

[4] Professor Gillian Triggs, President, Australian Human Rights Commission, Proof Committee Hansard, 14 February 2014, p. 43.

[5]Submission 17, p. 4.

[6] Ms Alison Larkins, First Assistant Secretary, Refugee Humanitarian and International Policy, Department of Immigration and Border Protection, Proof Committee Hansard, 14 February 2014, p. 33.

[7] Professor Gillian Triggs, Australian Human Rights Commission, Proof Committee Hansard, 14 February 2014, p. 43.

[8] Professor Gillian Triggs, Australian Human Rights Commission, Proof Committee Hansard, 14 February 2014, p. 43.

[9] Submission 21 and Submission 15.

[10] Professor Gillian Triggs, Australian Human Rights Commission, Proof Committee Hansard, 14 February 2014, p. 43.

[11] Submission 3.1, p. 4.

[12] Professor Gillian Triggs, Australian Human Rights Commission, Proof Committee Hansard, 14 February 2014, p. 43.

[13] Submission 3.1, p. 5.

[14] Submission 3.1, p. 2.

[15] Professor Ben Saul, Law Council of Australia, Proof Committee Hansard, 14 February 2014, p. 46.

[16] Mr Manne, Refugee and Immigration Legal Centre, Proof Committee Hansard, 14 February 2014, p. 7.

[17] Professor Ben Saul, Member, National Human Rights Committee, Law Council of Australia, Proof Committee Hansard, 14 February 2014, p. 48.

[18] Submission 5, p. 3.

[19] Submission 6 and Submission 8.

[20] Ms Misha Coleman, Executive Officer, Australian Churches Refugee Taskforce, Proof Committee Hansard, 14 February 2014, p. 9.

[21] Submission 2, p. 3.

[22] Ms Sophie Nicolle, Government Relations Adviser, Amnesty International Australia, Proof Committee Hansard, 14 February 2014, pp 2-3.

[23] Dr Graham Thom, Refugee Coordinator, Amnesty International Australia, Proof Committee Hansard, 14 February 2014, p. 9.

[24] Submission 3.1, p. 7.

[25] Submission 3.1, p. 5.

[26] Submission 3.1, p.4.

[27] Submission 3.1, p. 5.

[28] Submission 3.1, p. 5.

[29] Submission 3.1, p. 5.

[30] Submission 3.1, p. 5.

[31] Submission 3.1, p. 5.

Dissenting Report By Labor Senators

[1] A number of witnesses raised these concerns including: Ms Misha Coleman, Executive Officer, Australian Churches Refugee Taskforce, Mr Gregory Hanson, Solicitor and Registered Migration Agent, Refugee and Immigration Legal Centre, Mr Kon Karapanagiotidis, Chief Executive Officer, Asylum Seeker Resource Centre            , Mr David Manne, Executive Director, Principal Solicitor and Registered Migration Agent, Refugee and Immigration Legal Centre, Associate Professor Jennifer Burn, Director, Anti-Slavery Australia, University of Technology, Sydney. See  Proof Committee Hansard, 14 February 2014.

[2] Senate Standing Committee for the Scrutiny of Bills, Alert Digest No 9 of 2013, 11 December 2013, p. 27 and Parliamentary Joint Committee on Human Rights, Second Report of the 44^th Parliament, February 2014, p. 45.

[3] Senator the Hon Chris Evans, Senate Legal and Constitutional Affairs Committee: 2007/08 Budget Estimates, May 2008.

[4] Elizabeth Proust, Report to the Minister for Immigration and Citizenship on the Appropriate Use of Ministerial Powers under the Migration and Citizenship Acts and Migration Regulations, January 2008.

[5] Elizabeth Proust, Report to the Minister for Immigration and Citizenship on the Appropriate Use of Ministerial Powers under the Migration and Citizenship Acts and Migration Regulations, January 2008, p. 19 (Recommendation 19).

[6] Elizabeth Proust, Report to the Minister for Immigration and Citizenship on the Appropriate Use of Ministerial Powers under the Migration and Citizenship Acts and Migration Regulations, January 2008, p. 11.

[7] Senate Legal and Constitutional Affairs Legislation Committee, Migration Amendment (Complementary Protection) Bill 2009, October 2009, p. 42.

[8] Senate Legal and Constitutional Affairs Legislation Committee, Migration Amendment (Complementary Protection) Bill 2009, October 2009, p. 3.

[9] Department of Immigration and Citizenship, Submission to the Senate Legal and Constitutional Affairs Legislation Committee inquiry on the Migration Amendment (Complementary Protection) Bill 2009, October 2009, p 3.

[10] Explanatory Memorandum, Migration Amendment (Complementary Protection) Bill 2011.

[11] Hon. Scott Morrison MP, Minister for Immigration and Border Protection, Second Reading Speech, House of Representatives Hansard, 4 December 2013, p.1521.

[12] Ms Alison Larkins, First Assistant Secretary, Refugee Humanitarian and International Policy, Department of Immigration and Border Protection, Proof Committee Hansard, 14 February 2014, p. 33.

[13] Ms Sophie Nicolle, Government Relations Adviser, Amnesty International Australia, Proof Committee Hansard, 14 February 2014, pp 2-3.

[14] Dr Graham Thom, Refugee Coordinator, Amnesty International Australia, Proof Committee Hansard, 14 February 2014, p. 9.

[15] Mr Kon, Karapanagiotidis, Chief Executive Officer, Asylum Seeker Resource Centre, Proof Committee Hansard, 14 February 2014, p. 6.

[16] Submission 18, p. 13.

[17] Submission 30, p. 3.

[18] Mr Manne, Refugee and Immigration Legal Centre, Proof Committee Hansard, 14 February 2014, p. 7.

[19] Mr Manne, Refugee and Immigration Legal Centre, Proof Committee Hansard, 14 February 2014, p. 7.

[20] Submission 13, p. 17.

[21] Submission 21,  p. 5,

[22] Mr Hanson, Refugee and Immigration Legal Centre, Proof Committee Hansard, 14 February 2014, p. 13.

[23] Mr Manne, Refugee and Immigration Legal Centre, Proof Committee Hansard, 14 February 2014, p. 7.

[24] Law Council of Australia, answers to question on notice, 14 February 2014, (received 14 February 2014), p. 1.

[25] Senate Standing Committee for the Scrutiny of Bills, Alert Digest No 9 of 2013, 11 December 2013, p 30.

[26] Senate Standing Committee for the Scrutiny of Bills, Alert Digest No 9 of 2013,  11 December 2013 p 31.

[27] Hon. Scott Morrison MP, Minister for Immigration and Border Protection, Second Reading Speech, House of Representatives Hansard, 4 December 2013, p.1521.

[28] Submission 5, p. 3.

[29] Submission 21, p. 8.

[30] Submission 6, and Submission 8.

[31] Ms Misha Coleman, Executive Officer, Australian Churches Refugee Taskforce, Proof Committee Hansard, 14 February 2014, p. 6.

[32] Submission 2, p. 3.

[33] Submission 23, p. 2.

[34] Submission 15, p. 5.

[35] Submission 3.1.

[36] Submission 3.1, p. 5.

Dissenting Report By Senator Sarah Hanson-Young

[1] Submission 22, p. 4.

[2] Submission 6, p. 2.

[3] Submission 2, p. 3

[4] Submission 15, p. 4.

[5] Submission 21, p. 5

[6] Submission 21, p. 3

[7] Submission 17, p. 4.

[8] Submission 22, p. 5

[9] Submission 15, p. 4

[10] Submission 4, p. 5