Chapter 1 - Introduction

[1]        Journals of the Senate, No. 111, 21 August 2018, p. 3556.

[2]        Journals of the Senate, No. 114, 10 September 2018, p. 3654.

[3]        Explanatory Memorandum, p. 2.

[4]        Explanatory Memorandum, p. 4.

[5]        The Hon. Peter Dutton MP, Minister for Home Affairs and Minister for Immigration and Border Protection, House of Representatives Hansard, 20 June 2018, p. 8.

[6]        From 1 June 2013, people who arrived by boat without a visa at any location in Australia—not only at Ashmore and Cartier Islands—were subject to a statutory bar on applying for a visa.

[7]        Department of Home Affairs, Fast Track Assessment process, https://www.homeaffairs.gov.au/Refugeeandhumanitarian/Pages/assessment-process.aspx (accessed 30 August 2018).

[8]        Department of Home Affairs, Fast Track Assessment process, https://www.homeaffairs.gov.au/Refugeeandhumanitarian/Pages/assessment-process.aspx (accessed 30 August 2018).

[9]        Department of Home Affairs, Fast Track Assessment process, https://www.homeaffairs.gov.au/Refugeeandhumanitarian/Pages/assessment-process.aspx (accessed 30 August 2018).

[10]      DBC16 v Minister for Immigration and Border Protection & Anor [2018], http://classic.austlii.edu.au/au/cases/cth/FCCA/2018/1802.html (accessed 28 August 2018); and DBD16 v Minister for Immigration and Border Protection & Anor [2018], http://classic.austlii.edu.au/au/cases/cth/FCCA/2018/1801.html (accessed 28 August 2018).

[11]      DBC16 v Minister for Immigration and Border Protection & Anor [2018], http://classic.austlii.edu.au/au/cases/cth/FCCA/2018/1802.html (accessed 29 August 2018).

[12]      Department of Home Affairs, Submission 13, pp. 3–4.

[13]      The Hon. Peter Dutton MP, Minister for Home Affairs and Minister for Immigration and Border Protection, House of Representatives Hansard, 20 June 2018, p. 8.

[14]      The Hon. Peter Dutton MP, Minister for Home Affairs and Minister for Immigration and Border Protection, House of Representatives Hansard, 20 June 2018, p. 8.

[15]      Explanatory Memorandum, p. 3.

[16]      Explanatory Memorandum, p. 4.

[17]      Explanatory Memorandum, p. 4.

[18]      Explanatory Memorandum, p. 4.

[19]      Explanatory Memorandum, p. 4.

[20]      Department of Home Affairs, Submission 13, pp. 3–4.

[21]      Department of Home Affairs, Submission 13, pp. 3–4.

[22]      Explanatory Memorandum, p. 2.

[23]      Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest No.7 of 2018, p. 2.

[24]      The Hon. Peter Dutton MP, Minister for Home Affairs and Minister for Immigration and Border Protection, Response to the Standing Committee for the Scrutiny of Bills, 19 July 2018, p. 2.

[25]      Explanatory Memorandum––Attachment A, pp. 5–6.

[26]      Explanatory Memorandum––Attachment A, p. 6.

[27]      Parliamentary Joint Committee on Human Rights, Report 7 of 2018, p. 15.

[28]      Parliamentary Joint Committee on Human Rights, Report 7 of 2018, pp. 18–19.

[29]      Parliamentary Joint Committee on Human Rights, Report 7 of 2018, pp. 15–22.

Chapter 2 - Key issues

[1]        Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest No.7 of 2018, p. 2.

[2]        See for example:; Refugee Advice and Casework Service, Submission 3; Australian Lawyers for Human Rights, Submission 4; Asylum Seeker Resource Centre, Submission 8; Law Council of Australia, Submission 10.

[3]        Andrew and Renata Kaldor Centre for International Refugee Law, Submission 9, p. 2.

[4]        Mr Min Guo, Submission 15, pp. 1–2.

[5]        Ms Carina Ford, Deputy Chair, Migration Law Committee, Law Council of Australia, Committee Hansard, 3 September 2018, p. 22.

[6]        Law Council of Australia, Submission 10, p. 4.

[7]        The Hon. Peter Dutton MP, Minister for Home Affairs and Minister for Immigration and Border Protection, House of Representatives Hansard, 20 June 2018, p. 8.

[8]        Mr Ian Deane, Special Counsel, Department of Home Affairs, Committee Hansard, 10 September 2018, pp. 9–10.

[9]        Department of Home Affairs, Submission 13, p. 5.

[10]      Department of Home Affairs, answers to questions on notice (3 September 2018), received 7 September 2018.

[11]      Explanatory Memorandum–Attachment A, pp. 5–6.

[12]      Explanatory Memorandum–Attachment A, p. 6.

[13]      Parliamentary Joint Committee on Human Rights, Report 7 of 2018, p. 17.

[14]      Australian Lawyers for Human Rights, Submission 4, p. 2.

[15]      Mr Ian Deane, Special Counsel, Department of Home Affairs, Committee Hansard, 10 September 2018, p. 12.

[16]      Australian Lawyers Human Rights, Submission 4, p. 2.

[17]      Department of Home Affairs, Submission 13, p. 5.

[18]      Dr Carolyn Graydon, Principal Solicitor, Asylum Seeker Resource Centre, Committee Hansard, 3 September 2018, p. 13.

[19]      Department of Home Affairs, Submission 13, p. 5.

[20]      Mr Edward Santow, Human Rights Commissioner, Australian Human Rights Commission, Committee Hansard, 3 September 2018, p.18.

[21]      Mr Graeme Edgerton, Deputy General Counsel, Australian Human Rights Commission, Committee Hansard, 3 September 2018, p. 20.

[22]      Department of Home Affairs, Submission 13, p. 4.

[23]      Mr Ian Deane, Special Counsel, Department of Home Affairs, Committee Hansard, 10 September 2018, p. 8.

[24]      Ms Miranda Lauman, Assistant Secretary, Humanitarian Program Capability Branch, Department of Home Affairs, Committee Hansard, 10 September 2018, p. 9.

[25]      The Hon. Peter Dutton MP, Minister for Home Affairs and Minister for Immigration and Border Protection, Response to the Standing Committee for the Scrutiny of Bills, 19 July 2018, p. 3.

[26]      Australian Lawyers for Human Rights, Submission 4, p. 1.

[27]      Mr Ian Deane, Special Counsel, Department of Home Affairs, Committee Hansard, 3 September 2018, p. 28.

[28]      Department of Home Affairs, answers to questions on notice (3 September 2018), received 7 September 2018.

[29]      Department of Home Affairs, answers to questions on notice (3 September 2018), received 7 September 2018.

[30]      Mr Ian Deane, Special Counsel, Department of Home Affairs, Committee Hansard, 10 September 2018, p. 4.

[31]      Explanatory Memorandum, p. 4.

[32]      Mr Min Guo, Committee Hansard, 3 September 2018, p. 5.

[33]      Refugee Advice and Casework Service, Submission 3, p. 3.

[34]      Refugee Council of Australia, Submission 11, p. 3.

[35]      Mr Simon Bruck, Senior Solicitor, Refugee Advice and Casework Service, Committee Hansard, 3 September 2018, p. 12.

[36]      Department of Home Affairs, Submission 13, p. 5.

[37]      Ms Heimura Ringi, Assistant Secretary, Legislation Branch, Department of Home Affairs, Committee Hansard, 10 September 2018, p. 8.

[38]      Mr Min Guo, Submission 15, p. 3.

[39]      Mr Min Guo, Submission 15, p. 3.

[40]      Department of Home Affairs, answers to questions on notice (3 September 2018), received 7 September 2018.

Australian Greens Dissenting Report

[1]        Andrew and Renata Kaldor Centre for International Refugee Law, Submission 9, pp. 2–3.

[2]        Refugee Council of Australia, Submission 11, p. 1.

[3]        Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest No.7 of 2018, p. 3.

[4]        Australian Lawyers for Human Rights, Submission 4, p. 2.

[5]        Law Council of Australia, Submission 10, p. 4.

[6]        Asylum Seeker Resource Centre, Submission 8, p. 7.

[7]        Doctors for Refugees, Submission 5, p. 2.