Footnotes
CHAPTER 1 - Introduction and overview
[1]
Journals of the Senate, No. 27–24 March 2011, p. 1743.
[2]
Journals of the Senate, No. 27–24 March 2011, p. 1743.
[3] 'Unlawful
non-citizen' is given meaning by section 14 of the Act. An unlawful non-citizen
is a non-citizen in the migration zone without a valid visa.
[4] Department
of Immigration and Citizenship, Fact Sheet 81 – Australia's Excised Offshore
Places, http://www.immi.gov.au/media/fact-sheets/81excised-offshore.htm
(accessed 6 July 2011).
[5] Department
of Immigration and Citizenship, Fact Sheet 81 – Australia's Excised Offshore
Places.
[6] Law Council
of Australia, Submission 14, p. 13.
[7] Law Council
of Australia, Submission 14, pp. 14-15.
[8] Migration
Act 1958, s.474.
[9] www.aph.gov.au/Senate/committee/legcon_ctte/migration_detentionreform_procedural
fairness/submissions.htm
CHAPTER 2 - Key issues
[1] Queensland
Law Society, Submission 9, p. 4.
[2] Department
of Immigration and Citizenship, Submission 25, p. 7.
[3] Mr Robert
Illingworth, Acting First Assistant Secretary, Department of Immigration and
Citizenship, Committee Hansard, 4 August 2011, p. 25.
[4] Professor Penelope
Mathew, Submission 20, p. 2; Amnesty International, Submission 23,
p. 8.
[5] Amnesty
International, Submission 23, p. 8.
[6] Public
Interest Advocacy Centre, Submission 12, p. 3.
[7] Department
of Immigration and Citizenship, Submission 25, p. 10.
[8] Mr James
Kwan, Submission 11, p. 6.
[9] Queensland
Law Society, Submission 9, p. 4.
[10] The Hon.
Chris Bowen, MP, Minister for Immigration and Citizenship, New Directions in
Detention – Restoring Integrity to Australia's Immigration System, 29 July
2008, http://www.minister.immi.gov.au/media/speeches/2008/ce080729.htm
(accessed 7 July 2011); Amnesty International, Submission 23, p. 5;
Refugee Council of Australia, Submission 24, p. 1; United Nations High
Commissioner for Refugees, Submission 19, p. 2; Australian Lawyers for
Human Rights, Submission 26, p. [4].
[11] Migration
Act 1958, s. 189.
[12] Queensland
Police Service, Submission 7, p. [1].
[13] Law Council
of Australia, Submission 14, p. 9.
[14] The role of
magistrates in the Bill is discussed further under 'The power of magistrates'
and 'Vesting the judiciary with executive powers'.
[15] Department
of Immigration and Citizenship, Submission 25, p. 5.
[16] Migration
Amendment (Detention Reform and Procedural Fairness) Bill 2010, ss.
195B(3).
[17] Law Council
of Australia, Submission 14, p. 10.
[18] Australian
Lawyers for Human Rights, Submission 26, p. [5].
[19] Refugee
Council of Australia, Submission 24, p. 10.
[20] Law Council
of Australia, Submission 14, p. 10.
[21] Ms Rosemary
Budavari, Co-Director Criminal Law and Human Rights, Law Council of Australia, Committee
Hansard, 4 August 2011, p. 15.
[22] Department
of Immigration and Citizenship, Submission 25, p. 13.
[23] Civil
Liberties Australia, Submission 1, p. 4.
[24] Queensland
Law Society, Submission 9, p. 5; Law Society of New South Wales, Submission
17, 4.
[25] Senator
Sarah Hanson-Young, Committee Hansard, 4 August 2011, p. 4; Mr David
Irvine AO, Director-General of Security, Australian Security Intelligence
Organisation, Estimates Hansard, 25 May 2011, p. 108.
[26] Migration
Amendment, ss. 195C(2).
[27] Migration
Amendment, ss. 195C(3).
[28] Public
Interest Advocacy Centre, Submission 12, p. 4.
[29] Department
of Immigration and Citizenship, Submission 25, p. 15.
[30] Migration
Act, ss 196(1).
[31] Department
of Immigration and Citizenship, Submission 25, p. 13.
[32] Department
of Immigration and Citizenship, Submission 25, p. 13.
[33] Refugee
Council of Australia, Submission 24, p. 10.
[34] Department
of Immigration and Citizenship, Submission 25, p. 14.
[35] Law Council
of Australia, Submission 14, p. 3.
[36] Law Council
of Australia, Submission 14, p. 13.
[37] Queensland
Law Society, Submission 9, p. 4.
[38] Professor
Mathew, Submission 20, p. 2.
[39] Dr Graham
Thom, National Refugee Coordinator, Amnesty International Australia, Committee
Hansard, 4 August 2011, p. 3.
[40] Law Council
of Australia, Submission 14, p. 11.
[41] Department
of Immigration and Citizenship, Submission 25, p. 14.
[42] Department
of Immigration and Citizenship, Submission 25, p. 11; Mr Illingworth, Committee
Hansard, 4 August 2011, p. 20.
[43] Department
of Immigration and Citizenship, Submission 25, p. 18.
[44] Subsection
474(1) of the Migration Act gives meaning to privative clause decisions.
[45] Public
Interest Advocacy Centre, Submission 12, p. 6.
[46] Australian
Lawyers for Human Rights, Submission 26, p. [8].
[47] Australian
Human Rights Commission, Submission 22, p. 12.
[48] Department
of Immigration and Citizenship, Submission 25, p. 16
[49] Ms Jenny
Hardy, Chief Lawyer, Department of Immigration and Citizenship, Committee
Hansard, 4 August 2011, p. 19.
[50] Law Council
of Australia, Submission 14, p. 10.
[51] Dr Thom, Committee
Hansard, 4 August 2011, p. 6.
[52] Ms Budavari,
Committee Hansard, 4 August 2011, p. 15.
[53] Department
of Immigration and Citizenship, Submission 25, p. 13.
[54] Law Council
of Australia, Submission 14, p. 15.
[55] Department
of Immigration and Citizenship, Submission 25, p. 19.
[56] Department
of Immigration and Citizenship, Submission 25, p. 13.
[57] Professor
Mathew, Submission 20, p. 2.
[58] Law Council
of Australia, Submission 14, p. 15.
[59] Australian
Human Rights Commission, Submission 22, p. 8.
DISSENTING REPORT BY SENATOR HANSON-YOUNG
[1] Law Council
of Australia, Submission 14; Refugee Council of Australia Submission
24; Castan Centre for Human Rights Law, Submission No.5; Public
Interest Advocacy Centre, Submission No.12.
[2] Refugee
Council of Australia, Submission 24, p. 4.
[3] Department
of Immigration and Citizenship, Submission No.25, p. 14.