Australian Human Rights Commission
Submission to the UN Human Rights Committee, 18 September 2017
necessary (such as for the purpose of public health and security checks)
and subject to individualised decision-making and judicial oversight.
Recommendation 34: That the Australian Government ensure that its
refugee status determination process is consistent with international
human rights law and discontinue any practices obstructing a full and
proper status determination process (such as the current practice of
intercepting and turning back boats carrying asylum seekers).
Recommendation 35: That the Migration and Maritime Powers
Legislation Amendment (Resolving the Asylum Legacy Caseload) Act
2014 (Cth) be repealed.
Recommendation 36: That the Australian Government reinstate access
to free legal advice for asylum seekers who are disadvantaged,
regardless of their mode of arrival.
The Commission considers the issues raised in this section to be of
such importance that the Committee should request an update from the
Australian Government on progress in 12 months time.
Recommendation 37: That the Australian Government put in place
transparent decision-making and external review processes to ensure
the exercise of discretionary power in s 501 of the Migration Act
complies with international human rights law.
Recommendation 38: That the Australian Parliament not pass the
Australian Citizenship Legislation Amendment (Strengthening the
Requirements for Australian Citizenship and Other Measures) Bill 2017 in
its current form.
Children and young people
Recommendation 39: That the Australian Government strengthen early
intervention programs that support vulnerable families and improve data
collection relating to child protection, out-of-home care, and the
prevalence and nature of child abuse and neglect.
Recommendation 40: That the Australian Government implement the
National Children’s Commissioner’s recommendations in the Children’s
Rights Report 2015 (Chapter 4).
Recommendation 41: That the Australian Government maintain a public
register that monitors all Australian governments’ compliance with, and
implementation of, the recommendations of the Royal Commission into
Institutional Abuse of Children once released, and that remedies be
provided to victims. The Commission considers this inquiry to be of
such importance that the Committee should request an update from the
Australian Government on progress of implementation in 12 months
time.
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