Examination of the Migration (Regional Processing) package of
The committee is currently examining the Migration Legislation Amendment
(Regional Processing and Other Measures) Act 2012 and related bills
and instruments as a package. To date, the committee understands the
package of government legislation to comprise the following:
The committee also proposes to examine the following private Senator's
The committee wrote to the Minister for Immigration and Citizenship
on 22 August 2012 and 31 October 2012 seeking further information about
the human rights compatibility of the Migration Legislation
Amendment (Regional Processing and Other Measures) Act 2012. The
committee received a response from the Minister on Friday 23 November
2012. A copy of the Minister's letter can be found
The committee will invite identified stakeholders to provide evidence on
the human rights implications
of this package of legislation.
The committee is particularly interested in seeking evidence in relation
to the following issues:
The objective(s) of the legislation and evidence that
the measures are likely to be effective in achieving the
objective(s) being sought.
The nature and scope of Australia’s obligations under
seven human rights treaties listed under the definition
of human rights in the
(Parliamentary Scrutiny) Act 2011
with regard to individuals who are removed to regional
Whether Australia’s obligations under the 1951 Refugee
Convention and 1967 Protocol are relevant to the
interpretation of Australia’s obligations under the
seven human rights treaties; and the extent to which the
provisions of the seven human rights treaties may
overlap with the rights and protections provided for
under the Refugee Convention and Protocol.
The consistency of the measures with Australia's
obligations of non-refoulement (article 3 of the
Convention against Torture and article 7 of the
International Covenant on Civil and Political Rights
The consistency of the measures with the ‘best interests
of the child’ principle in the Convention on the Rights
of the Child (CRC), and other provisions of the CRC,
including the rights it guarantees in relation to
children who are refugees or seeking refugee status
(article 22) and family rights (including in articles 17
and 23 of ICCPR).
The consistency of the underlying ‘no advantage’ test
with the prohibition against arbitrary detention
(article 9 of ICCPR). The adequacy of provisions for
reviewing the detention, including the ability for
persons detained under these measures to able to access
a court to challenge substantively both the lawfulness
and the arbitrariness of detention; and the consistency
of the measures with the right to a fair hearing
(article 14 of ICCPR).
The consistency of the measures with the right to health
(article 12 of ICESCR); the right to humane treatment in
detention (article 10 of ICCPR); and the right to work
(article 6 of ICESCR).
The extent to which the rights of persons with
disabilities may be affected by the measures.
The consistency of the measures with the right to
non-discrimination (article 26 of ICCPR).
The types of safeguards in place, or proposed, to ensure
that rights are effectively protected in practice.
Where contracted service providers will be involved in
guaranteeing the enjoyment of rights, whether specific
and explicit human rights standards have been included
in such contracts, and the procedures for administrative
and other oversight of the implementation of these
For further information contact:
Parliamentary Joint Committee on Human Rights
PO Box 6100
Canberra ACT 2600