Immigration Detention and Asylum Seekers

For over a decade the Law Council has strongly and consistently opposed mandatory, indefinite and non-reviewable immigration detention and has repeatedly called for the Federal Government to replace that policy with a limited form of reviewable detention.

Despite a number of reforms introduced by the current Government the Law Council remains concerned with:

• the mandatory and arbitrary features of Australia's immigration policy as provided for in the Migration Act 1958 (Cth) and the punitive character of immigration detention in Australia;
• the provisions of the Migration Act that permit indefinite detention of unlawful non-citizens in circumstances where there is no real prospect of removing them from Australia;
• the lack of Government response to and implementation of past recommendations by international human rights bodies, in particular, those made by the UN Human Rights Committee and the UN Special Rappateur on Refugees; and
• the Federal Government's obligations to manage and regulate the conditions and operation of immigration detention centres.

The Law Council is of the view that further reforms are needed to ensure Australia's immigration policy meets international human rights standards and does not continue to be characterised by mandatory, punitive and arbitrary features.

Materials

Years: 2012 , 2011 , 2010 , 2009 , 2008 , 2005 , 2002 , 1999

2012

•  Migration Amendment (Removal of Minimum Mandatory Penalties) Bill 2012
  Submission to the Senate Standing Committee on Legal and Constitutional Affairs

2011

•  Deterring People Smuggling Bill 2011
  Submission to the Senate Committee on Legal and Constitutional Affairs
•  Australia’s agreement with Malaysia in relation to asylum seekers.pdf
•  Inquiry into Australia’s Immigration Detention Network.pdf
•  Supplementary Submission - Migration Amendment (Detention Reform and Procedural Fairness) Bill 2011
  Submission to the Senate Committee on Legal and Constitutional Affairs
•  Migration Amendment (Detention Reform and Procedural Fairness) Bill 2010
  Submission to the Senate Committee on Legal and Constitutional Affairs
•  Migration Amendment (Strengthening the Character Test and Other Provisions) Bill 2011
  Submission to the Senate Committee on Legal and Constitutional Affairs

2010

•  Biometrics and Offshore Processing of Asylum Seekers
  Submission to the Department of Immigration and Citizenship
•  Federal Election 2010 – Key Issues
  Law Council of Australia
•  Asylum seeker policies must be fair and reasonable
  Law Council of Australia Media Release
•  United Nations Universal Periodic Review of Australia – Australian Government’s National Report.pdf

2009

•  Australia’s Response to the Concluding Observations of the UN Human Rights Committee
  Submission to the Attorney-General’s Department
•  Inquiry into the Migration Amendment (Immigration Detention Reform) Bill 2009
  Submission to the Senate Legal and Constitutional Affairs Committee

2008

•  Shadow Report to Australia’s Common Core Document
  Submission to the United Nations Human Rights Committee
•  Inquiry into Immigration Detention in Australia
  Submission to the Joint Standing Committee on Migration

2005

•  Inquiry into the Administration and Operation of the Migration Act 1958
  Submission to the Senate Legal and Constitutional References Committee

2002

•  National Inquiry into Children in Immigration Detention
  Submission to the Human Rights and Equal Opportunity Commission

1999

•  Immigration Legislation Amendment Bill (No 2) 1998
  Submission to the Senate Legal and Constitutional Legislation Committee