Endnotes
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Human Rights and Equal Opportunity Commission,
Those Who’ve Come across the Seas: Detention of
Unauthorised Arrivals (1998) <https://humanrights.
gov.au/sites/default/files/document/publication/
h5_2_2.pdf>; Human Rights and Equal Opportunity
Commission, A Last Resort? National Inquiry into
Children in Immigration Detention (2004) <https://
humanrights.gov.au/sites/default/files/document/
publication/alr_complete.pdf>; Australian Human
Rights Commission, The Forgotten Children: National
Inquiry into Children in Immigration Detention (2014)
<https://humanrights.gov.au/sites/default/files/
document/publication/forgotten_children_2014.pdf>.
See, for example, Australian Human Rights
Commission, Management of COVID-19 risks in
immigration detention (2021) <https://humanrights.
gov.au/sites/default/files/document/publication/
ahrc_covid-19_immigration_detention_2021.pdf>.
Reports from previous inspections of immigration
detention facilities can be found on the Commission’s
website at <https://humanrights.gov.au/our-work/
asylum-seekers-and-refugees/publications>.
See, for example, Australian Human Rights
Commission, Asylum Seekers, Refugees and Human
Rights: Snapshot Report (2013) <https://humanrights.
gov.au/sites/default/files/document/publication/
snapshot_report_2013.pdf>; Australian Human Rights
Commission, Asylum Seekers, Refugees and Human
Rights: Snapshot Report 2nd ed, 2017) <https://
humanrights.gov.au/sites/default/files/document/
publication/AHRC_Snapshot%20report_2nd%20
edition_2017_WEB.pdf>.
Migration Act 1958 (Cth), ss 189.
Migration Act 1958 (Cth), s 196; AJL20 v Commonwealth
(2021) 273 CLR 43 at [49] (Kiefel CJ, Gageler, Keane
and Steward JJ).
NZYQ v Minister for Immigration, Citizenship and
Multicultural Affairs [2023] HCA 37.
NZYQ v Minister for Immigration, Citizenship and
Multicultural Affairs [2023] HCA 37. [60–61].
Australian Human Rights Commission, Submission
to the Committee Against Torture (October 2022),
45 <https://humanrights.gov.au/sites/default/
files/submission_to_the_committee_against_
torture_2022_0.pdf>; Australian Human Rights
Commission, Risk Management in Immigration
Detention (2019), 68 <https://humanrights.gov.au/
sites/default/files/document/publication/ahrc_risk_
management_immigration_detention_2019.pdf>.
The Department website lists these as the Adelaide
Immigration Detention Centre, Brisbane Immigration
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Detention Centre, Melbourne Detention Centre,
North West Point (Christmas Island) Immigration
Detention Centre, Perth Immigration Detention
Centre, Villawood Immigration Detention Centre
and Yongah Hill Immigration Detention Centre
<https://www.abf.gov.au/about-us/what-we-do/
border-protection/immigration-detention/detentionfacilities>.
Migration Act 1958 (Cth), s 197AB.
Migration Act 1958 (Cth), Part 2, Division 8, Subdivision
B.
See, for example, Australian Human Rights
Commission, Submission to the Committee Against
Torture (October 2022), 12 [49] <https://humanrights.
gov.au/sites/default/files/submission_to_the_
committee_against_torture_2022_0.pdf>.
Department of Immigration and Citizenship,
Immigration Detention Statistics Summary (31 July
2013) 3–4. <https://www.homeaffairs.gov.au/
research-and-stats/files/immigration-detentionstatistics-july2013.pdf>; Department of Immigration
and Border Protection, Immigration Detention and
Community Statistics Summary (28 February 2015),
3, 5 <https://www.homeaffairs.gov.au/research-andstats/files/immigration-detention-statistics-feb2015.
pdf>.
Department of Home Affairs, Immigration Detention
and Community Statistics Summary December 2023
(8 February 2024), 5 <https://www.homeaffairs.gov.
au/research-and-stats/files/immigration-detentionstatistics-31dec-2023.pdf>.
Department of Home Affairs, Immigration Detention
and Community Statistics Summary January 2023
(3 March 2023), 12 <https://www.homeaffairs.gov.
au/research-and-stats/files/immigration-detentionstatistics-31-january-2023.pdf>.
Department of Home Affairs, Immigration Detention
and Community Statistics Summary December 2023
(8 February 2024), 13 <https://www.homeaffairs.gov.
au/research-and-stats/files/immigration-detentionstatistics-31dec-2023.pdf>.
Canada Border Services Agency, Quarterly detention
and alternatives to detention statistics: Fourth
quarter, fiscal year 2022 to 2023 <https://www.cbsaasfc.gc.ca/security-securite/detent/qstat-2022-2023eng.html>.
UK Home Office, National statistics How many
people are detained or returned? (23 February
2023) <https://www.gov.uk/government/statistics/
immigration-system-statistics-year-ending-
Yongah Hill Immigration Detention Centre Inspection Report • 2024 • 69