Footnotes

Footnotes

[1] The text of sections 351 and 417 of the Migration Act 1958 is at Appendix 3

[2] Allegations of visas being issued in exchange for cash donations to the Liberal Party were first raised in the House of Representatives by Mr Laurie Ferguson MP on 28 May 2003, House Hansard, p.15199

[3] Andrew Clennell, 'Merciful Ruddock gives more rejected migrants a lifeline', Sydney Morning Herald, 31 January 2001 and Andrew Clennell, 'Outrage as Ruddock opens door to Lebanese outcasts', Sydney Morning Herald, 2 April 2001

[4] See, for example, Mark Riley, 'Ruddock's cash-for-visa quagmire deepens', Sydney Morning Herald, 18 June 2003 and 'Visagate raffle ripples widen', editorial, Australian, 8 July 2003

[5] The allegations were raised over the period 28-29 May, 2-5 June, 16-19 June, and 24-26 June

[6] House Hansard, 3 June 2003, p.15756

[7] House Hansard, 18 June 2003, p.16810

[8] House Hansard, 5 June 2003, p.16281

[9] House Hansard, 29 May 2003, p.15465

[10] House Hansard, 29 May 2003, p.15475

[11] Meaghan Shaw and Russell Skelton, 'Ruddock may face inquiry on intervention', Age, 7 June 2003

[12] Mr Knobel, DIMIA, Committee Hansard, 5 September 2003, p.72

[13] A summary of case file related information requested by the Committee and related correspondence is at Appendix 4

[14] Ms Godwin, DIMIA, Committee Hansard, 17 November 2003, p.3

[15] Ms Godwin, DIMIA, Committee Hansard, 18 November 2003, p.60

[16] Committee Hansard, 18 November 2003, pp.59-70

[17] Select Committee on a Certain Maritime Incident, Report, October 2002, p.149

[18] Select Committee on a Certain Maritime Incident, Report, October 2002, p.193

[19] Section 49 states: 'The powers, privileges, and immunities of the Senate and of the House of Representatives, and of the members and the committees of each House, shall be such as are declared by the Parliament, and until declared shall be those of the Commons House of Parliament of the United Kingdom, and of its members and committees, at the establishment of the Commonwealth'.

[20] For an authoritative discussion of the powers of Senate committees, see Harry Evans (ed.) Odgers' Australian Senate Practice, 10th edn, Department of the Senate, 2001, Chapter 16 'Committees', Chapter 17 'Witnesses', and Chapter 19 'Relations with the Executive Government'

[21] Most notably, two interim reports of the Senate Finance and Public Administration Committee Inquiry into the Government's Information Technology Outsourcing Initiative, Accountability in a Commercial Environment—Emerging Issues, April 2001, Accountability Issues: Two Case Studies, June 2001; and the report of the Select Committee on a Certain Maritime Incident, October 2002, especially Chapter 7, 'Accountability'

[22] Senate Finance and Public Administration Committee, Accountability in a Commercial Environment—Emerging Issues, April 2001, p.2

[23] Australian National Audit Office, The Use of Confidentiality Provisions in Commonwealth Contracts, Audit Report No. 38 2000-01, May 2001; Administrative Review Council, The Contracting Out of Government Services, Report No. 42, 1998. See also the Senate committee reports listed in footnote 20

[24] Select Committee on a Certain Maritime Incident, Report, October 2002, Chair's forward

[25] Ministerial Discretion in Migration Matters, Brief prepared for Senate Select Committee on Ministerial Discretion in Migration Matters, Department of the Parliamentary Library, Canberra, September 2003, p.1

[26] DIMIA, Submission no. 24, p.3

[27] DIMIA, Submission no. 24, p.21

[28] Immigration: A Commitment to Australia, Report of the Committee to Advise on Australia's Immigration Policies, Australian Government Publishing Service, Canberra, 1988

[29] Immigration: A Commitment to Australia—Legislation, The Committee to Advise on Australia's Immigration Policies, Australian Government Publishing Service, Canberra, 1988

[30] Immigration: A Commitment to Australia, Report of the Committee to Advise on Australia's Immigration Policies, Australian Government Publishing Service, Canberra, 1988, p.112

[31] Immigration: A Commitment to Australia, Report of the Committee to Advise on Australia's Immigration Policies, Australian Government Publishing Service, Canberra, 1988, p.113

[32] Immigration: A Commitment to Australia, Report of the Committee to Advise on Australia's Immigration Policies, Australian Government Publishing Service, Canberra, 1988, p.112

[33] Senate Hansard, 5 April 1989, p.922

[34] Ministerial Discretion in Migration Matters, Brief prepared for Senate Select Committee on Ministerial Discretion in Migration Matters, Department of the Parliamentary Library, Canberra, September 2003, p.7

[35] Senator Robert Ray, Senate Hansard, 30 May 1989, p.3012

[36] Ministerial Discretion in Migration Matters, Brief prepared for Senate Select Committee on Ministerial Discretion in Migration Matters, Department of the Parliamentary Library, Canberra, September 2003, p.3

[37] According to DIMIA, a 'lawful connection' is established either by a physical presence in Australia, or by an Australian citizen, permanent resident or Australian business sponsor of a visa applicant

[38] DIMIA, Submission no. 24, p.4

[39] DIMIA, Submission no. 24, p.5

[40] DIMIA, Submission no. 24, p.7

[41] DIMIA, Submission no. 24, p.13

[42] DIMIA, Submission no. 24, p.51

[43] Office of the Commonwealth Ombudsman, Submission no. 28, p.5

[44] See section 65 of the Act

[45] The relevant sections of the Migration Act are 37A, 46A, 46B, 72, 91F, 91L, 91Q, 137N, 261K, 351, 391, 417, 454, 495B, 501A, 501J and 503A

[46] DIMIA, Submission no. 24, p.17. A number of the minister's other various discretionary powers under the Migration Act are also primarily linked to the 'public interest' – see subsections 46A(2), 46B(2) and 72(2) and sections 48A, 48B, 91F, 91L and 91Q

[47] DIMIA, Submission no. 24, p.14

[48] Ms Johanna Stratton, Submission no. 10, p.7. See also the reasons provided by Hely J in Kolotau v MIMIA [2002] FCA 1145, 5 September 2002

[49] DIMIA, Submission no. 24, p.15

[50] Migration Act 1958, Subsection 351(7)

[51] Ministerial Discretion in Migration Matters, Brief prepared for Senate Select Committee on Ministerial Discretion in Migration Matters, Department of the Parliamentary Library, Canberra, September 2003, p.5. MSI 386 is entitled: Guidelines on ministerial powers under sections 345, 351, 391, 417, 454 and 501J of the Migration Act 1958

[52] DIMIA, Submission no. 24, p.29

[53] DIMIA, Submission no. 24, pp.15-16

[54] 141 ALR 322

[55] Mary Crock, 'A Sanctuary Under Review: Where to From Here for Australia's Refugee and Humanitarian Program?', The University of New South Wales Law Journal, vol.23, no.3, 2000, pp.281-82

[56] Office of the Commonwealth Ombudsman, Submission no. 28, p.6. While the exercise of the minister's discretion cannot be the subject of investigation by the Commonwealth Ombudsman consistent with s5(2)(b) of the Ombudsman Act 1976, action taken by a department in relation to a ministerial decision can be the subject of investigation under s5(3A) of the Act

[57] Committee Hansard, 18 November 2003, p.1

[58] Ministerial Discretion in Migration Matters, Brief prepared for Senate Select Committee on Ministerial Discretion in Migration Matters, Department of the Parliamentary Library, Canberra, September 2003, p.4

[59] Joint Standing Committee on Migration Regulations, Australia's Refugee and Humanitarian System: Achieving a Balance Between Refuge and Control, Australian Government Publishing Service, Canberra 1992, p.140

[60] Senate Legal and Constitutional References Committee, A Sanctuary Under Review: An Examination of Australia's Refugee and Humanitarian Determination Processes, June 2000

[61] Senate Legal and Constitutional References Committee, A Sanctuary Under Review: An Examination of Australia's Refugee and Humanitarian Determination Processes, June 2000, Recommendation 2.2, p.60

[62] DIMIA, Submission no. 24, p.33

[63] Ministerial Discretion in Migration Matters, Brief prepared for Senate Select Committee on Ministerial Discretion in Migration Matters, Department of the Parliamentary Library, Canberra, September 2003, p.11

[64] DIMIA, Fact Sheet 61: Seeking Asylum Within Australia, p.2

[65] DIMIA, Submission no. 24D, Answer to question on notice N1

[66] DIMIA, Submission no. 24D, Answer to question on notice N3

[67] Joint Committee on Foreign Affairs and Trade, Visits to Immigration Detention Centres, Report No. 100, 2002

[68] DIMIA, Submission no. 24, p.34

[69] Ms Godwin, DIMIA, Committee Hansard, 23 September, 2003, p.40

[70] Dr Thom, Amnesty International, Committee Hansard, 23 September 2003, pp.4-5 and Ms Le, Committee Hansard, 18 November 2003, pp.48, 49

[71] Mr Hughes, DIMIA, Committee Hansard, 5 September 2003, p.16

[72] There is usually a significant time lag between the receipt of a request and any exercise of the Minister’s power to intervene in relation to that request, so that some of the interventions in any one year would be in response to requests made in the previous year, or years.

[73] DIMIA, Legal and Constitutional Legislation Committee, supplementary hearings on the Budget Estimates for 2003-2004, Committee Hansard, 4 November 2003, pp.57, 61

[74] DIMIA, Submission no. 24E, Answer to question on notice K2, pp.1-2

[75] DIMIA, Submission no. 24, p.45

[76] DIMIA, Submission no. 24, pp.43-44

[77] DIMIA, Submission no. 24, p.44

[78] DIMIA, Submission no. 24F, Answer to question on notice, Committee Hansard, 5 September 2003, p.81

[79] DIMIA, Submission no. 24, p.46

[80] DIMIA, Submission no. 24, p.46

[81] Committee Hansard, 5 September 2003, pp.36-37

[82] DIMIA, Submission no. 24, pp.48, 49

[83] Ms Burgess, Immigration Advice Centre, Committee Hansard, 22 September, 2003, p.37

[84] DIMIA, Submission no. 24. p.52

[85] Mr Walker, DIMIA, Committee Hansard, 5 September, 2003, pp.9-10 and Submission no. 24 B, p.35

[86] DIMIA, Submission no. 24, p.49

[87] DIMIA, Submission no. 24, p.47

[88] See, for example, Commonwealth Ombudsman, Committee Hansard, 18 November 2003, p.4 and Migration Institute of Australia, Submission no. 32, p.6

[89] Ms Le, Committee Hansard, 18 November 2003, p.49

[90] DIMIA, Submission no. 24, Attachment 9, p.4

[91] DIMIA, Submission no. 24D, Answer to question on notice G1

[92] DIMIA, Submission no. 24D, Answer to question on notice G3

[93] Legal Aid Commission of NSW, Submission no. 17A, p.5

[94] Ms Godwin, DIMIA, Committee Hansard, 5 September 2003, p.36

[95] DIMIA, Submission no. 24D, Answer to question on notice G3, p.2

[96] See, for example, Andrew Clennell, 'Ruddock's mercy more plentiful for Lebanese', Sydney Morning Herald, 6 April 2001

[97] See, for example, Ms Johanna Stratton, Submission no. 10, p.26

[98] Ms Godwin, DIMIA, Committee Hansard, 18 November 2003, p.73

[99] Ms Godwin, DIMIA, Committee Hansard, 18 November 2003, p.69

[100] Ms Godwin, DIMIA, Committee Hansard, 5 September 2003, p.69

[101] See, for example, Ms Biok, Legal Aid Commission of New South Wales, Committee Hansard, 22 September 2003, p.26

[102] DIMIA, Submission no. 24, Attachment 2, p.26

[103] Ms Biok, Legal Aid Commission of New South Wales, Committee Hansard, 22 September 2003, p.33

[104] See, for example, Mr Mitchell, Uniting Justice Australia and Mr Bitel, Parish Patience Immigration, Committee Hansard, 21 October 2003 pp.11, 55

[105] Refugee Council of Australia, Submission no. 12, p.5

[106] DIMIA, Submission no. 24D, Answer to question on notice I3, p.2

[107] DIMIA, Submission no. 24B, Answer to question on notice, 5 September 2003, p.24. Interestingly, in separate answers to questions taken on notice from the public hearing on 5 September, DIMIA states that both ministerial and administrative guidelines 'became operational' or 'were issued' the previous day, 14 August, when they were placed on the department's LEGEND database. From that day, the guidelines were available to all departmental staff and external subscribers but were not made available on the department's website. DIMIA advised that: '...members of the public can access individual MSIs through the Ombudsman, Privacy and Freedom of Information Section of the Department...Members of the public also have access to the updated commercial version of LEGEND, as the department distributes CD-ROM updates to each State and Territory library and the National Library'. Answers to questions on notice, 5 September 2003, p.14, p.15 and p.31.

[108] DIMIA, Submission no. 24, pp.27-30. See also DIMIA, Submission no. 24B, Answer to question on notice D, p.31

[109] DIMIA, Submission no. 24, Attachment 15

[110] Senator Robert Ray, Senate Hansard, 14 December 1989, p.4503

[111] House Hansard, 9 May 1990, p.136

[112] DIMIA, Submission no. 24, p.27

[113] DIMIA, Submission no. 24, p.27 and Attachment 3

[114] DIMIA, Submission no. 24, Attachment 4

[115] DIMIA, Submission no. 24, Attachment 5

[116] DIMIA, Submission no. 24, p.28

[117] DIMIA, Submission no. 24, Attachment 5

[118] DIMIA, Submission no. 24, p.28

[119] The actual powers dealt with in this document are the old sections 115 and 137, which gave the minister the power to set aside and substitute a new decision for a decision of a departmental review officer and the Immigration Review Tribunal, respectively. They are broadly equivalent to the power now given under section 351 to substitute a decision of the Migration Review Tribunal.

[120] DIMIA, Submission no. 24, Attachment 7. The version of this document in DIMIA's submission is not dated, and it is not entirely clear from the text when it was actually signed.

[121] DIMIA, Submission no. 24, Attachment 7

[122] DIMIA, Submission no. 24, Attachment 7

[123] DIMIA, Submission no. 24, Attachment 7

[124] DIMIA, Submission no. 24, p.29

[125] DIMIA, Submission no. 24, p.29

[126] DIMIA, Submission no. 24, Attachment 8

[127] DIMIA MSI 225: Ministerial Guidelines for the Identification of Unique or Exceptional Cases Where it May Be in the Public Interest to Substitute a More Favourable Decision Under s345, 351, 391, 417, 454 of the Migration Act 1958(1), Submission no. 24, Attachment 8, pp.4-5

[128] DIMIA, Submission no. 24B, Answers to questions on notice D6 and D7, p.33. The new guidelines are included in DIMIA's submission at Attachment 9

[129] DIMIA, Submission no. 24B, Answer to question on notice, 5 September 2003, p.33

[130] DIMIA, Submission No 24B, Answer to question on notice, 5 September 2003, p.25

[131] DIMIA, Submission no 24, Attachment 2

[132] DIMIA, Submission no. 24B, Answer to question on notice, 5 September 2003, p.25

[133] DIMIA, Submission no. 24B, Answer to question on notice, 5 September 2003, p.32

[134] DIMIA, Submission no. 24D, Answer to question on notice E3

[135] DIMIA, Submission no. 24D, Answer to question on notice N5

[136] See the discussion of Recommendations 8.1 to 8.5 of the report in Chapter 2

[137] DIMIA, Submission no. 24, p.38 and Ms Godwin, Committee Hansard, 23 September 2003, p.48. See also DIMIA, Submission no. 24D, Answer to question on notice N5

[138] DIMIA, Submission no. 24B, Answer to question on notice C5, p.30

[139] DIMIA, Submission no. 24, Attachment 9, p.7

[140] DIMIA, Submission no. 24, p.40

[141] DIMIA, Submission no. 24, Attachment 9, p.8

[142] DIMIA, Committee Hansard, 5 September 2003, p.29

[143] DIMIA, Submission no. 24, p.38

[144] DIMIA, Submission no. 24E, Answer to question on notice A4

[145] DIMIA, Submission no.24, p.38

[146] DIMIA, Submission no. 24, Attachment 25. See also Committee Hansard, 23 September 2003, pp.39-40

[147] Ms Godwin, DIMIA, Committee Hansard, 23 September 2003, p.59

[148] DIMIA, Committee Hansard, 23 September 2003, p.61

[149] DIMIA, Submission no. 24B, Answer to question on notice, p.19

[150] DIMIA, Submission no. 24, Attachment 2, p.88

[151] DIMIA, Submission no. 24, p.38

[152] DIMIA, Committee Hansard, 5 September 2003, p.41

[153] DIMIA, Committee Hansard, 5 September 2003, p.52

[154] DIMIA, Committee Hansard, 5 September 2003, p.21

[155] DIMIA, Submission no. 24, p.38

[156] Mr Nicholls, DIMIA, Committee Hansard, 23 September 2003, pp.60-61

[157] Mr Nicholls, DIMIA, Committee Hansard, 23 September 2003, p.61

[158] DIMIA, Committee Hansard, 5 September 2003, p.56

[159] Mr Knobel, DIMIA, Committee Hansard, 5 September 2003, p.60

[160] DIMIA, Submission no. 24, Attachment 2, pp.97-98 (6.5: 'Repeat requests')

[161] DIMIA, Submission no. 24, Attachment 2, p.98 at 6.5.6 of the guidelines

[162] DIMIA, Submission no. 24, Attachment 2, p.98 at 6.5.9 of the guidelines

[163] DIMIA, Submission no. 24, p.36

[164] DIMIA, Submission no. 24, p.38

[165] DIMIA, Submission no. 24C, Answer to question on notice E4, p.3

[166] Professor McMillan, Committee Hansard, 18 November 2003, p.2

[167] Professor McMillan, Committee Hansard, 18 November 2003, pp.6-7

[168] Mrs Hawke, Office of the Commonwealth Ombudsman, Committee Hansard, 18 November 2003, p.7

[169] Office of the Commonwealth Ombudsman, Submission no. 28, p.10

[170] Professor McMillan, Committee Hansard, 18 November 2003, p.8

[171] Ms Le, Committee Hansard, 18 November 2003, p.47

[172] Ms Le, Committee Hansard, 18 November 2003, p.51

[173] Ms Biok, Legal Aid Commission of New South Wales, Committee Hansard, 22 September 2003, pp.22-23

[174] Ms Le, Committee Hansard, 18 November 2003, p.49

[175] Dr Crock, Committee Hansard, 21 October 2003, p.35

[176] Dr Crock, Committee Hansard, 21 October 2003, p.36

[177] Migration Review Tribunal and Refugee Review Tribunal, Submission no. 11, pp.2-3

[178] Mr Blount, Committee Hansard, 22 October 2003, p.15

[179] Mr Karas, Committee Hansard, 22 September 2003, p.11

[180] Mr Blount, Committee Hansard, 22 September 2003, p.10

[181] Migration Review Tribunal and Refugee Review Tribunal, Submission no. 11, pp.2-3

[182] DIMIA, Submission no. 24, Attachment 8, p.6

[183] Migration Review Tribunal and Refugee Review Tribunal, Submission no. 11, p.1

[184] Mr Karas, Committee Hansard, 22 September 2003, p.4

[185] Migration Review Tribunal and Refugee Review Tribunal, Submission no. 11, p.3

[186] Migration Institute of Australia, Submission no. 32, p.9

[187] Mr Clothier, Submission no. 20, p.2 (emphasis in original)

[188] Senate Legal and Constitutional References Committee, A Sanctuary Under Review: An Examination of Australia's Refugee and Humanitarian Determination Processes, June 2000, p.251

[189] DIMIA Submission no. 24, p.8

[190] Senate Legal and Constitutional References Committee, A Sanctuary under Review: An Examination of Australia's Refugee and Humanitarian Determination Processes, June 2000, p.257

[191] Government Response to the Senate Legal and Constitutional References Committee Report, A Sanctuary under Review: An Examination of Australia's Refugee and Humanitarian Determination Processes, June 2000, p.13

[192] DIMIA, Fact Sheet 61. Seeking Asylum within Australia, p.4

[193] DIMIA Submission no. 24D, Answer to question on notice N1

[194] George Lombard Consultancy Pty Ltd, Submission no. 16, p.3

[195] Ms Balgi, Committee Hansard, 22 September 2003, p.24

[196] Legal Aid Commission of NSW, Submission no. 17, p.22

[197] See, for example, Mr Prince, Committee Hansard, 22 September 2003, pp.69-70, Dr Thom, Amnesty International Australia, and Ms Burn, Committee Hansard, 23 September 2003, pp.15, 24

[198] Immigration Advice and Rights Centre, Submission no. 22, pp.4, 5

[199] Uniting Justice Australia, Submission no. 19, p.10

[200] Legal Aid Commission of NSW, Committee Hansard, 22 September 2003, p.24

[201] Uniting Justice Australia, Submission no. 19, p.6 and Legal Aid Commission of NSW, Submission no. 17, p.22

[202] Uniting Justice Australia, Submission no. 19, p.6

[203] Commonwealth Ombudsman, Submission no. 28, p.11

[204] Mr Mitchell, Committee Hansard, 21 October 2003, p.15 See also Ms Burgess, Immigration and Rights Advice Centre, Committee Hansard 22 September 2003, p.44

[205] Ms Biok, Committee Hansard , 22 September 2003, p.32

[206] Ms Biok, Committee Hansard, 22 September 2003, p.35

[207] Mr Prince, Ms Biok, Committee Hansard, 22 September 2003, p.75

[208] Mr Bitel, Committee Hansard, 21 October 2003, p.59

[209] Mr Bitel, Committee Hansard, 21 October 2003, p.61

[210] Ms Balgi, Committee Hansard 22 September 2003, p.29 See also Mr Prince, Committee Hansard 22 September 2003, p.75

[211] Mr Lombard, Committee Hansard, 22 September 2003, p.58

[212] DIMIA, Submission no. 24, p.41

[213] Christopher Levingston and Associates, Submission no. 6, p.7

[214] Christopher Levingston and Associates, Submission no. 6, pp.7-8.

[215] Christopher Levingston and Associates, Submission no. 6, p.9

[216] DIMIA, Submission no. 24, Attachment no. 2, p.22

[217] DIMIA, Submission no. 24, p.49

[218] Christopher Levingston and Associates, Submission no. 6, p.9

[219] DIMIA, Submission no. 24, Attachment 2, p.21

[220] DIMIA, Submission no. 24, p.42

[221] Welfare issues and immigration outcomes for asylum seekers on Bridging Visa E, April 2003, Asylum Seekers Project – Hotham Mission, Uniting Justice Australia, Submission no. 19A, p.17

[222] Welfare issues and immigration outcomes for asylum seekers on Bridging Visa E, April 2003, Asylum Seekers Project – Hotham Mission, Uniting Justice Australia, Submission no. 19A, p.30

[223] Mr Glenn, A Just Australia, Committee Hansard, 21 October 2003, p.25

[224] Mr Illingworth, DIMIA, Committee Hansard, 5 September 2003, p.85

[225] Asylum Seeker Project – Hotham Mission, Welfare issues and immigration outcomes for asylum seekers on Bridging Visa E: Research and Evaluation, April 2003, Submission no. 19A, p.30

[226] Mr Fergus, Submission no. 4, p.2

[227] Mr Fergus, Submission no. 4, p.2

[228] Mr Bitel, Committee Hansard, 21 October, 2003, p.61 and Parish Patience Immigration Lawyers, Submission no. 26, p.3

[229] Legal Aid Commission of New South Wales, Submission no. 17, p.10

[230] Office of the Commonwealth Ombudsman, Submission no. 28, p.8

[231] Office of the Commonwealth Ombudsman, Submission no. 28, p.8

[232] Office of the Commonwealth Ombudsman, Submission no. 28, p.8

[233] DIMIA, Answer to question on notice G2, Submission no. 24D, p.1

[234] DIMIA, Submission no. 24A, Attachment D

[235] For example, Ms Biok, Legal Aid Commission of NSW, Committee Hansard, 22 September 2003, p.26; Ms Burgess, Immigration Advice and Rights Centre, Committee Hansard, 22 September 2003, p.44; Dr Crock, Committee Hansard, 21 October 2003, p.35; Ms Le, Committee Hansard, 18 November 2003, pp.48-49

[236] DIMIA, Submission no. 24J, see cases 1-3 and 13

[237] DIMIA, Submission no. 24J, case 10

[238] See, for example, Mr Prince, Christopher Levingston & Associates, Committee Hansard, 22 September 2003, p.74 and Mr Fergus, Committee Hansard, 22 October 2003, p.79

[239] Ms Le, Committee Hansard, 18 November 2003, p.46

[240] Committee Hansard, 22 September 2003, pp.53-54. See also Ms Biok, Legal Aid Commission of NSW, Committee Hansard, 22 September 2003, p.26

[241] Committee Hansard, 17 November 2003, p.46

[242] Committee Hansard, 21 October 2003, p.31. See also Mr Manne, Refugee Council of Australia, Committee Hansard, 17 November 2003, p.46

[243] Committee Hansard, 21 October 2003, p.30

[244] Committee Hansard, 18 November 2003, p.42

[245] Committee Hansard, 22 September 2003, p.43

[246] Committee Hansard, 22 September 2003, p.75. See also Ms Le, Committee Hansard, 18 November 2003, p.51

[247] Mr Bitel, Parish Patience Immigration Lawyers, Committee Hansard, 21 October 2003, p.62

[248] Mr Bitel, Parish Patience Immigration Lawyers, Committee Hansard, 21 October 2003, p.62

[249] Mr Bitel, Parish Patience Immigration Lawyers, Committee Hansard, 21 October 2003, p.62

[250] See, for example, Mr Cosentino, South Brisbane Immigration and Community Legal Service, Committee Hansard, 21 October 2003, p.35

[251] DIMIA, Submission no. 24A, Attachment C. There are 226 sitting members of parliament. The 212 parliamentarians include former members from the 39th Parliament, as well as sitting members of the 40th Parliament.

[252] Senator Bartlett's success rate is 33 percent. Mr Ross Cameron, MP, also has a 33 percent success rate. DIMIA, Submission no. 24H, Attachment 1, Table 1

[253] Committee Hansard, 18 November 2003, p.46

[254] Committee Hansard, 18 November 2003, p.39

[255] See Mr Lombard, George Lombard Consultancy Pty Ltd, Committee Hansard, 22 September 2003, pp.52-53; Mr Cosentino, South Brisbane Immigration and Community Legal Service, Committee Hansard, 21 October 2003, p.51. See also the case studies in DIMIA, Submission no. 24J, especially cases 12-13

[256] DIMIA, Submission no. 24H, Attachment 1, Table 1

[257] Committee Hansard, 18 November 2003, p.33

[258] South Brisbane Immigration and Community Legal Service, Submission no. 21, p.3

[259] Mr George Lombard, Submission no. 16, Attachment II, p.2

[260] Committee Hansard, 22 September 2003, pp.53-54

[261] DIMIA, Submission no. 24J, cases 1, 3, 5, 7 and 11

[262] Committee Hansard, 5 September 2003, pp.72-77

[263] Mr Knobel, DIMIA, Committee Hansard, 5 September 2003, p.77

[264] Committee Hansard, 22 September 2003, p.39

[265] Committee Hansard, 22 September 2003, p.41

[266] Legal Aid Commission of NSW, Submission no. 17, p.6

[267] See also DIMIA, Submission no. 24E, Answer to Question H1, Attachment H1

[268] DIMIA, Submission no. 24H, Attachment 2

[269] DIMIA, Submission no. 24E, Questions H5 and H6

[270] DIMIA, Submission no. 24E, Question H4

[271] Professor McMillan, Office of the Commonwealth Ombudsman, Committee Hansard, 18 November 2003, p.11

[272] Ms Burgess, Immigration and Rights Advice Centre, Committee Hansard, 22 September 2003, p.39

[273] Mr Kisrwani and his daughter stated as much in an interview on SBS Insight program broadcast on August 28 2003.

[274] Mr Knobel, DIMIA, Committee Hansard, 5 September 2003, p.75

[275] DIMIA, Submission no. 24C, Table 1 and Submission no. 24G, Answer to question on notice of 23 September 2003

[276] DIMIA, Submission no. 24G, Answer to question on notice of 23 September 2003

[277] House Hansard, 29 May 2003, p.15465

[278] Mr Prince, Christopher Levingston & Associates, Committee Hansard, 22 September 2003, p.61

[279] Mr Mawson, Migration Agents Registration Authority, Committee Hansard, 22 October 2003, p.31

[280] Mr Mawson, Migration Agents Registration Authority, Committee Hansard, 22 October 2003, p.35

[281] See Mr Prince, Christopher Levingston & Associates, Committee Hansard, 22 September 2003, p.74 and Mr Mitchell, Uniting Justice Australia, Committee Hansard, 21 October 2003, p.15

[282] Committee Hansard, 22 September 2003, p.74. Mr Mawson of the Migration Agents Registration Authority, also observed that 'people may not complain because of cultural issues about complaints', Committee Hansard, 22 October 2003, p.40.

[283] DIMIA, Submission no. 24H, Answer to Question on Notice, Committee Hansard, 23 September 2003, p.66

[284] Review of the Statutory Self-Regulation of the Migration Advice Industry, DIMIA, July 2002, p.2. This report is often referred to as the 'Spicer review', after Mr Ian Spicer, Chair of the External Reference Group that conducted the review.

[285] See Senate Standing Committee on Legal and Constitutional Affairs, Report of the inquiry into the Provisions of the Migration Legislation Amendment (Migration Agents Integrity Measures) Bill 2003 and the Migration Agents Registration Application Charge Amendment Bill 2003, 25 November 2003

[286] DIMIA, Committee Hansard, 23 September 2003, pp.65-67, and 18 November 2003, pp.100-102

[287] DIMIA, Submission no. 24G

[288] South Brisbane Immigration and Community Legal Service, Submission no. 21, p.2

[289] DIMIA, Submission no. 24I

[290] Committee Hansard, 21 October 2003, p.62

[291] Senate Legal and Constitutional References Committee, A Sanctuary under Review: An Examination of Australia's Refugee and Humanitarian Determination Processes, June 2000, p.238

[292] Office of the Commonwealth Ombudsman, Submission no. 28, p.7

[293] Professor McMillan, Office of the Commonwealth Ombudsman, Committee Hansard, 18 November 2003, p.14

[294] Commonwealth Ombudsman, Submission no. 28, p.9

[295] DIMIA, Submission no. 24, p.15

[296] DIMIA, Submission no. 24, p.17

[297] This has been confirmed by Merkel J in Minister for Immigration and Multicultural Affairs v Ozmanian [1996] 141 ALR 322. See also Senate Legal and Constitutional References Committee, A Sanctuary Under Review (2000), p.263

[298] Sections 351(7) and 417(7), Migration Act 1958

[299] DIMIA, Submission no. 24, p.16

[300] DIMIA, Submission no. 24, p.4

[301] DIMIA, Submission no. 24, p.7

[302] Commonwealth Ombudsman, Submission no. 28, p.4

[303] Senate Hansard, 14 December 1989, p.4609

[304] House of Representatives Debates, 21 December 1989, p.3458

[305] Figures provided by DIMIA, Senate Legal and Constitutional Legislation Committee Hansard (Budget Estimates Supplementary Hearings), 4 November 2003, pp.41 and 43.

[306] Ms Le, Committee Hansard, 18 November 2003, p.49

[307] Mr Lombard, George Lombard Consultancy Pty Ltd, Committee Hansard, 22 September 2003, p.57

[308] Dr Crock, Committee Hansard, 21 October 2003, p.44

[309] Mr Storer, DIMIA, Committee Hansard, 5 September 2003, p.67

[310] Mr Knobel, DIMIA, Committee Hansard, 5 September 2003, p.57

[311] Ms Godwin, DIMIA, Committee Hansard, 5 September 2003, p.69

[312] Ms Johanna Stratton's submission includes the following quote from interview with a DIMIA officer: '...unless you are able at the time [the minister] makes the decision, to be in his mind, it's impossible for us to even give you the slightest hint as to why the minister may decide that a particular type of visa should be granted.' Submission no. 10, p.22

[313] DIMIA, Submission no. 24D, Answer to question I6.

[314] Mr Knobel, DIMIA, Committee Hansard, 5 September 2003, p.53

[315] Mr Knobel, DIMIA, Committee Hansard, 5 September 2003, p.53

[316] Mr Knobel, DIMIA, Committee Hansard, 5 September 2003, p.53

[317] Mr Knobel, DIMIA, Committee Hansard, 5 September 2003, p.77

[318] Mr Knobel, DIMIA, Committee Hansard, 5 September 2003, p.78

[319] In-camera evidence

[320] For example, Mr David Bitel, Submission no. 26, p.2, Mr Clothier, Committee Hansard, 18 November 2003, p.41. Ms Le disagreed, citing a case where the minister had intervened on behalf of an applicant with step children. Committee Hansard, 18 November 2003, p.47

[321] Mr George Lombard, Submission no. 16, p.6. In evidence to the Committee, Mr Lombard stated that it was a departmental officer who told him this was the case, Committee Hansard, 22 September 2003, p.54. This assertion appears to supported by evidence from the NSW Legal Aid Commission, Submission no. 17A, p.2.

[322] Committee Hansard, 23 September 2003, p.28

[323] Senate Legal and Constitutional Affairs Committee, A Sanctuary Under Review: An Examination of Australia's Refugee and Humanitarian Determination Processes, June 2000, p.265

[324] Ms Johanna Stratton, Submission no. 10, pp.27-28

[325] Catholic Commission for Justice Development and Peace, Submission no. 15, p.13

[326] Refugee Council of Australia, Submission no. 12, p.3

[327] DIMIA, Committee Hansard, 5 September 2003, p.32

[328] Mr Michael Clothier, Submission no. 20, p.2

[329] Office of the Federal Privacy Commissioner, Submission no. 43, p.3

[330] Commonwealth Ombudsman, Submission no. 28, p.11

[331] Refugee Council of Australia, Submission no. 12, p.3

[332] Mr Storer, DIMIA, Committee Hansard, 5 September 2003, p.56

[333] Senate Legal and Constitutional Legislation Committee Hansard (Budget Estimates Supplementary Hearings), 4 November 2003, p.43

[334] Committee Hansard, 18 November 2003, p.69

[335] Mr Purcell, Catholic Commission for Justice, Development and Peace, Committee Hansard, 17 November 2003, p.33

[336] Senate Hansard, 5 April 1989, p.922

[337] Senate Hansard, 5 April 1989, p.922

[338] Ms Elizabeth Biok, Legal Aid Commission of NSW, Committee Hansard, 22 September 2003, p.22

[339] Committee Hansard, 18 November 2003, p.49

[340] Committee Hansard, 18 November 2003, p.50

[341] Committee Hansard, 18 November 2003, p.49, p.55

[342] Committee Hansard, 18 November 2003, p.52

[343] Mr George Lombard, George Lombard Consultancy Pty Ltd, Committee Hansard, 22 September 2003, p.49

[344] Committee Hansard, 18 November 2003, p.34

[345] Senate Legal and Constitutional References Committee, A Sanctuary Under Review: An Examination of Australia's Refugee and Humanitarian Determination Processes, June 2000

[346] See in particular submissions received by the Senate Legal and Constitutional References Committee from the Human Rights and Equal Opportunity Commission (HREOC), Law Council of Australia, South Brisbane Immigration & Community Legal Service Inc., Legal Aid Western Australia and The Refugee Council of Western Australia

[347] UNHCR, Submission no. 36, p.1

[348] Senate Legal and Constitutional References Committee, A Sanctuary Under Review: An Examination of Australia's Refugee and Humanitarian Determination Processes, June 2000, p.12

[349] HREOC, Submission no. 13, p.3

[350] The application and determination process for refugee status under the Onshore Protection Program is examined in the Senate Legal and Constitutional References Committee report, A Sanctuary Under Review: An Examination of Australia's Refugee and Humanitarian Determination Processes, June 2000, chapters 3-6

[351] HREOC, Submission no. 13, p.3

[352] Senate Legal and Constitutional References Committee, A Sanctuary Under Review: An Examination of Australia's Refugee and Humanitarian Determination Processes, June 2000, p.40

[353] Amnesty International Australia, Submission no. 23, p.4

[354] Guidelines on ministerial powers under sections 345, 351, 391, 417, 454 and 501J of the Migration Act 1958, at guideline 4

[355] Ms Jane McAdam, Submission no. 35, p.5

[356] Senate Legal and Constitutional References Committee, A Sanctuary Under Review: An Examination of Australia's Refugee and Humanitarian Determination Processes, June 2000, pp.52-53

[357] Ms Jane McAdam, The European Union Proposal on Subsidiary Protection: An Analysis and Assessment, New Issues in Refugee Research Working Paper No. 74, UNHCR, Evaluation and Policy Analysis Unit, Geneva, December 2002, p.4

[358] HREOC, Submission no. 13A, pp.3-4

[359] HREOC, Submission no. 13A, p.1

[360] ibid.

[361] For an example of a communication under CAT, see Communication No 120/1988: Australia. 25/05/99. CAT/C/22/D/120/1998. (Jurisprudence). For an example under the ICCPR, see Communication No 706/1996: Australia. 04/12/97. CCPR/C/61/D/706/1996. (Jurisprudence). Copies of the communications were provided by HREOC as part of Submission no. 13A

[362] Ms Newell, HREOC, Committee Hansard, 22 October 2003, p.56

[363] DIMIA, Submission No. 24D, Answer to question on notice, J1

[364] Office of the High Commissioner for Human Rights, Concluding observations of the Committee against Torture: Australia. 21/11/2000. A/56/44, paras.47-53. (Concluding Observations/Comments)

[365] DIMIA, Submission no. 24, p.17

[366] Ms Lesnie, HREOC, Committee Hansard, 22 October 2003, p.61

[367] DIMIA, Submission no. 24B, Answer to question on notice, 5 September 2003, p.22. See also Ms Godwin, DIMIA, Committee Hansard, 5 September 2003, pp.69-70

[368] Ms Godwin, DIMIA, Committee Hansard, 5 September 2003, p.34

[369] Mr Illingworth, DIMIA, Committee Hansard, 5 September 2003, pp.38-39

[370] Mr Gee, Amnesty International, Committee Hansard, 23 September 2003, p.6

[371] Uniting Church of Australia, Submission no. 19, p.8

[372] Amnesty International Australia, Submission no. 23, p.5

[373] Mr Bitel, Parish Patience Immigration Lawyers, Submission no. 26, p.2

[374] Dr Crock, Committee Hansard, 23 September 2003, p.30

[375] Dr Thom, Amnesty International, Committee Hansard, 23 September 2003, p.7. An officer from HREOC, Ms Vanessa Lesnie, advised the Committee that some cases currently coming before Australian courts are exploring the issue of gender persecution. In particular, the courts are exploring whether or not cases involving persecution on the basis of gender fall under 'membership of a social group' and, therefore, may some time in the future attract protection under the Refugee Convention. Committee Hansard, 22 October 2003, p.58

[376] Ms Blaxland, Submission no. 42, A Proposal to Add 'Gender' As a Sixth Category in the Domestic Law Definition of Refugee, Honours thesis, University of Technology Sydney, 2003

[377] Dr Mary Crock, Submission no. 34, p.2

[378] UNHCR, Committee Hansard, 18 November 2003, p.20

[379] Christopher Levingston & Associates, Submission no. 6, p.5

[380] ibid.

[381] Mr Prince, Christopher Levingston & Associates, Committee Hansard, 22 September 2003, p.61

[382] HREOC, Submission no. 13, p.7

[383] HREOC, Submission no. 13, p.9

[384] Refugee Council of Australia, Submission no. 12, Appendix A, Position Paper on Complementary Protection, May 2002, p.3

[385] CCJDP, Submission no. 15, p.6

[386] Uniting Church of Australia, Submission no. 19, p.5

[387] Mr Hughes, DIMIA, Committee Hansard, 5 September 2003, p.34

[388] Joint Standing Committee on Migration, Review of Migration Regulation 4.31B, May 1999

[389] Joint Standing Committee on Migration, Review of Migration Regulation 4.31B, May 1999, p.41

[390] Senate Legal and Constitutional References Committee, A Sanctuary Under Review: An Examination of Australia's Refugee and Humanitarian Determination Processes, June 2000

[391] Senate Legal and Constitutional References Committee, A Sanctuary Under Review: An Examination of Australia's Refugee and Humanitarian Determination Processes, June 2000, p.59

[392] Senate Legal and Constitutional References Committee, A Sanctuary Under Review: An Examination of Australia's Refugee and Humanitarian Determination Processes, June 2000, pp.61-64

[393] Senate Legal and Constitutional References Committee, A Sanctuary Under Review: An Examination of Australia's Refugee and Humanitarian Determination Processes, June 2000, p.64

[394] Senate Legal and Constitutional References Committee, A Sanctuary Under Review: An Examination of Australia's Refugee and Humanitarian Determination Processes, June 2000, p.64

[395] Senate Legal and Constitutional References Committee, A Sanctuary Under Review: An Examination of Australia's Refugee and Humanitarian Determination Processes, June 2000, p.60

[396] Dr Mary Crock, 'A Sanctuary Under Review: Where to From Here for Australia's Refugee and Humanitarian Program?', The University of New South Wales Law Journal, vol.23, no.3, 2000, p.282

[397] HREOC, Submission no. 13, p.10

[398] Ms Jane McAdam, Submission no. 35, p.2

[399] Ms Jane McAdam, The European Union Proposal on Subsidiary Protection: An Analysis and Assessment, New Issues in Refugee Research Working Paper No. 74, UNHCR, Evaluation and Policy Analysis Unit, Geneva, December 2002, p.9

[400] Refugee Council of Australia, Submission no. 12, p.2

[401] United Nations High Commissioner for Refugees, Submission no. 36, pp.4-5. The categories are discussed in the EXCOM Standing Committee paper entitled 'Complementary Forms of Protection: Their Nature and Relationship to the International Refugee Protection Regime', UN Doc EC/50/SC/CRP.18, 19 June 2000

[402] Commission of the European Communities Proposal for a Council Directive on Minimum Standards for the Qualification and Status of Third Country Nationals and Stateless Persons as Refugees or as Persons Who Otherwise Need International Protection, COM (2201) 510 final, Brussels 12 September 2001 (EU Directive), at: http://www.ecre.org/eu_developments/qual.shtml

[403] Ms Jane McAdam, Submission no. 35, p.3

[404] Ms Jane McAdam, The European Union Proposal on Subsidiary Protection: An Analysis and Assessment, New Issues in Refugee Research Working Paper No. 74, UNHCR, Evaluation and Policy Analysis Unit, Geneva, December 2002, p.2

[405] Ms Jane McAdam, The European Union Proposal on Subsidiary Protection: An Analysis and Assessment, New Issues in Refugee Research Working Paper No. 74, UNHCR, Evaluation and Policy Analysis Unit, Geneva, December 2002, p.1

[406] Ms Jane McAdam, Submission no. 35, p.3

[407] Mr David Bitel, Parish Patience Immigration Lawyers, Submission no. 26, p.2

[408] Mr Mignone, UNHCR, Committee Hansard, 18 November 2003, p.23

[409] Dr Mary Crock, Submission no. 34, p.2

[410] Refugee Council of Australia, Additional information, Complementary Protection: the Way Ahead, January 2004, 9 February 2004

[411] Refugee Council of Australia, Additional information, Complementary Protection: the Way Ahead, January 2004, 9 February 2004, p.4

[412] Refugee Council of Australia, Additional information, Complementary Protection: the Way Ahead, January 2004, 9 February 2004, p.6

[413] Refugee Council of Australia, Additional information, Complementary Protection: the Way Ahead, January 2004, 9 February 2004, pp.8-9

[414] HREOC, Submission no. 13, p.13

[415] Mr Prince, Committee Hansard, 22 September 2003, p.68

[416] Refugee Council of Australia, Submission no. 12, Appendix A, p.4

[417] DIMIA, Submission no. 24, p.43. See also Ms Godwin, DIMIA, Committee Hansard, 5 September 2003, pp.63-64

[418] Ms Godwin, DIMIA, Committee Hansard, 5 September 2003, pp.61-62

[419] Ms Godwin, DIMIA, Committee Hansard, 5 September 2003, pp.63-64

[420] Mr Rizvi, DIMIA, Committee Hansard, 5 September 2003, p.65

[421] DIMIA, Submission no. 24E, 5 September 2003

[422] Joint Standing Committee on Migration, Review of Migration Regulation 4.31B, May 1999, p.32

[423] Dr Mary Crock, Submission no. 34, p.4

[424] Recommendation 11.1 states: 'The Committee recommends that the Government place the issue of monitoring on the agenda for discussion at the Inter-Government/Non-Government Organisations Forum with a view to examining the implementation of a system of informal monitoring', p.343

[425] Amnesty International Australia, Submission no. 23, p.6

[426] Amnesty International Australia, Submission no. 23, p.7

[427] Coalition for the Protection of Asylum Seekers, Submission no. 29C, p.1

[428] ibid.

[429] Coalition for the Protection of Asylum Seekers, Submission no. 29C, p.2

[430] Ms Godwin, DIMIA, Committee Hansard, 5 September 2003, p.33

[431] Additional information, Refugee Council of Australia, Complementary Protection: the Way Ahead, January 2004, 9 February 2004.

[432] Jane McAdam, The European Union Proposal on Subsidiary Protection: An Analysis and Assessment, New Issues in Refugee Research Working Paper No. 74, UNHCR, Evaluation and Policy Analysis Unit, Geneva, December 2002

[433] DIMIA, Submission no. 24, p.14

[434] DIMIA, Submission no. 24, p.8

[435] Migration Institute of Australia, Submission no. 32, pp.6-8

[436] Mr Paul Fergus, Submission no. 4, p.1

[437] Mr George Lombard, Submission no. 16, pp.1-2

[438] Amnesty International Australia, Submission no. 23, p.2

[439] See, for example, Mr Paul Fergus, op. cit

[440] Ms Jennifer Burn, Committee Hansard, 23 September 2003, p.22

[441] DIMIA, Submission no. 24, p.26

[442] Mr Michael Clothier, Submission no. 20, p.1

[443] Mr Michael Clothier, Committee Hansard, 18 November 2003, p.31. The extract is from Immigration: A Commitment to Australia, Report of the Committee to Advise on Australia's Immigration Policies, Australian Government Printing Service, Canberra, 1988, p.113.

[444] Immigration: A Commitment to Australia, Report of the Committee to Advise on Australia's Immigration Policies, Australian Government Publishing Service, Canberra, 1988, p.113

[445] Mr Michael Clothier, Submission no. 20, p.1

[446] Dr Mary Crock, Committee Hansard, 23 September 2003, p.19

[447] Mr Jennifer Burn, Committee Hansard, 23 September 2003, p.23

[448] House Hansard, 1 June 1989, p.3484

[449] House Hansard, 29 May 1989, p.2958

[450] House Hansard, 29 May 1989, p.2958

[451] DIMIA, Submission no. 24, p.51

[452] DIMIA, Submission no. 24, p.13

[453] DIMIA, Submission no. 24, p.13

[454] DIMIA, Submission no. 24, p.13

[455] DIMIA, Submission no. 24, p.7

[456] DIMIA, Submission no. 24, p.33

[457] DIMIA, Submission no. 24, p.44

[458] DIMIA, Submission no. 24, p.45

[459] Senate Legal and Constitutional Legislation Committee Hansard (Budget Estimates Supplementary Hearings), 4 November 2003, p.43

[460] Ms Godwin, DIMIA, Committee Hansard, 18 November 2003, p.69

[461] DIMIA, Submission no. 24E, Answer to question on notice from 5 September 2003

[462] Dr Crock, Submission no. 34, pp.2-3, citing Mr Ruddock, Address to the National Press Club Canberra, 18 March 1998 (emphasis added by Dr Crock).

[463] DIMIA, Submission no. 24, p.52

[464] Dr Mary Crock, Submission no. 24, p.3

[465] Dr Mary Crock, Submission no. 24, p.3

[466] Dr Mary Crock, Submission no. 24, pp.3-4, and Committee Hansard, 23 September 2003, pp.31-33

[467] Dr Crock, Committee Hansard, 23 September 2003, p.31

[468] Dr Mary Crock, Submission no. 24, p.4

[469] Mr Michael Clother, Submission no. 20, and Committee Hansard, 18 November 2003, p.35

[470] Dr Mary Crock, Submission no. 24, p.4

[471] Committee Hansard, 23 September 2003, p.36

[472] Committee Hansard, 23 September 2003, p.35

[473] Committee Hansard, 18 November 2003, p.35

[474] Mr Clothier, Committee Hansard, 18 November 2003, p.34

[475] Catholic Commission for Justice, Development and Peace, Submission no. 15, p.22

[476] Mr George Lombard, Submission no.16, p.2

[477] Immigration Advice and Rights Centre, Submission no. 22, pp.5-6

[478] Immigration Advice and Rights Centre, Submission no. 22, p.6

[479] Ms Godwin, DIMIA, Committee Hansard, 5 September 2003, p.3

[480] DIMIA, Submission no. 24D, Answer to question I3

[481] Ms Godwin, DIMIA, Committee Hansard, 23 September 2003, p.48

[482] Ms Jennifer Burn, Submission no. 30, p.2

[483] Migration Institute of Australia, Submission no. 32, pp.10-11

[484] Committee Hansard, 22 September 2003, p.51

[485] Committee Hansard, 23 September 2003, p.21

[486] Committee Hansard, 23 September 2003, p.44

[487] Committee Hansard, 23 September 2003, p.35

[488] Committee Hansard, 21 October 2003, p.8

[489] Committee Hansard, 18 November 2003, p.34

[490] Committee Hansard, 18 November 2003, p.52

[491] Committee Hansard, 17 November 2003, p.46

[492] Committee Hansard, 23 September 2003, p.15

[493] Committee Hansard, 21 October 2003, p.49

[494] Committee Hansard, 22 October 2003, p.42

[495] Committee Hansard, 22 October 2003, p.43

[496] Committee Hansard, 22 September 2003, p.27

[497] Committee Hansard, 22 September 2003, p.42

[498] Committee Hansard, 22 September 2003, p.40

[499] Committee Hansard, 22 September 2003, p.38

[500] Committee Hansard, 22 September 2003, p.74

[501] Committee Hansard, 22 October 2003, p.79

[502] Committee Hansard, 18November 2003, p.11

[503] Committee Hansard, 21 October 2003, p.50

[504] Committee Hansard, 22 October 2003, p.83

[505] Committee Hansard, 18 November 2003, p.19

[506] Committee Hansard, 22 September 2003, p.74

[507] Committee Hansard, 22 September 2003, p.67

[508] UNHCR, Submission no. 36, p.2

[509] Mr Gee, Amnesty International, Committee Hansard, 23 September 2003, p.3

[510] UNHCR, Committee Hansard, 18 November 2003, p.18

[511] UNHCR, Submission no. 36, p.5

[512] ibid

[513] Additional information, Refugee Council of Australia, Complementary Protection: the Way Ahead, January 2004, 9 February 2004, pp.2–3

[514] Agenda for Protection. from http://www.unhcr.ch

[515] UNHCR, Committee Hansard, 18 November 2003, p.19

[516] UNHCR, Committee Hansard, 18 November 2003, p.24

[517] UNHCR, Committee Hansard, 18 November 2003, p.23

[518] CCJDP, Submission no. 15, pp.19–21; Uniting Church of Australia, Submission no. 19, p.5

[519] Refugee Council of Australia, Submission no. 12, Appendix A, p.2

[520] CCJDP, Submission no. 15, p.22

[521] CCJDP, Submission no. 15, p.19

[522] Dr Mary Crock, Submission no. 34, p.4

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