Australian Human Rights Commission
Submission to the UN Human Rights Committee, 18 September 2017
au/publications/legal/58117b931/unhcr-monitoring-visit-to-the-republic-of-nauru-7-to-9-october2013.html (viewed 11 September 2017).
98 See, for example, United Nations High Commissioner for Refugees, UNHCR monitoring visit to
Manus Island, Papua New Guinea, 23 to 25 October 2013 (2013) 7–12. At http://www.unhcr.org/enau/publications/legal/58117aff7/unhcr-monitoring-visit-to-manus-island-papua-new-guinea-23-to-25october.html (viewed 11 September 2017).
99 While Nauru has recently decriminalised same-sex sexual activity, it remained a criminal offence at
the time that the transfers took place in these cases. See Australian Human Rights Commission,
Asylum seekers, refugees and human rights: Snapshot Report (2nd edition) (2017) 33. At
https://www.humanrights.gov.au/our-work/asylum-seekers-and-refugees/publications/asylum-seekersrefugees-and-human-rights-snapsho-0 (viewed 11 September 2017).
100 Migration Act 1958 (Cth) ss 189, 196
101 See, for example, Janette P Green and Kathy Eagar, ‘The health of people in Australian
immigration detention centres’ (2010) 192 2 Medical Journal of Australia 65; Louise K Newman,
Nicholas G Procter and Michael J Dudley, ‘Suicide and self-harm in immigration detention’ (2011) 195
6 Medical Journal of Australia 310; Melissa Bull et al, ‘Sickness in the system of long-term immigration
detention’ (2012) 26 1 Journal of Refugee Studies 47; Commonwealth Ombudsman, Suicide and Selfharm in the Immigration Detention Network (2013). At http://www.ombudsman.gov.au/news-andmedia/media-releases/media-release-documents/commonwealth-ombudsman/2013?a=26154 (viewed
11 September 2017); Ilan Katz et al, The experiences of Irregular Maritime Arrivals detained in
immigration detention facilities: Final report (2013). At
http://www.unsworks.unsw.edu.au/primo_library/libweb/action/dlDisplay.do?vid=UNSWORKS&docId=
unsworks_modsunsworks_39307 (viewed 11 September 2017).
102 For example, a 2004 study of asylum seeker families in immigration detention found that this
incidence of psychiatric disorders amongst both adults and children in detention increased over time.
See Zachary Steel et al, ‘Psychiatric status of asylum seeker families held for a protracted period in a
remote detention centre in Australia’ (2004) 282 Australian and New Zealand Journal of Public Health
23.
103 The Department of Immigration and Border Protection’s monthly immigration detention statistics
summaries show that by the end February 2017 there were less than 5 children in detention. The
summaries are available at http://www.border.gov.au/about/reports-publications/researchstatistics/statistics/live-in-australia/immigration-detention (viewed 11 September 2017).
104 Scott Morrison, Minister for Immigration and Border Protection, ‘Government success stopping
illegal boats to save $2.5 billion’ (Media Release, 13 May 2014). At
http://parlinfo.aph.gov.au/parlInfo/download/media/pressrel/3165273/upload_binary/3165273.pdf
(viewed 11 September 2017).
Scott Morrison, Minister for Immigration and Border Protection, ‘Government closes Labor's
Inverbrackie detention centre’ (Media Release, 12 December 2014). At
http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressrel%2
F3575101%22 (viewed 11 September 2017); Peter Dutton, Minister for Immigration and Border
Protection, ‘Government closes Darwin's Bladin detention facility’ (Media Release, 21 February 2015).
At http://www.minister.border.gov.au/peterdutton/2015/Pages/government-closes-bladin-detentionfacility.aspx (viewed 11 September 2017); Commonwealth of Australia, Budget Paper No. 2 2016-17
(3 May 2016) 123. At http://budget.gov.au/2016-17/content/bp2/download/BP2_consolidated.pdf
(viewed 11 September 2017); Commonwealth of Australia, Budget Paper No. 2 2016-17 (3 May 2016)
123. At http://budget.gov.au/2016-17/content/bp2/download/BP2_consolidated.pdf (viewed 11
September 2017).
105 As at June 2016, 667 people had been held in closed detention for more than one year (including
362 people who had been held for more than two years). The overall average length of detention in
closed facilities has remained in excess of one year since August 2014. See the Department of
Immigration and Border Protection’s immigration detention statistics summaries from 31 August 2014
to 28 February 2017. At http://www.border.gov.au/about/reports-publications/researchstatistics/statistics/live-in-australia/immigration-detention (viewed 11 September 2017).
106 See NK v Commonwealth of Australia (Department of Immigration and Citizenship) [2011] AusHRC
43. At https://www.humanrights.gov.au/publications/report-no-43-mr-nk-v-commonwealth-australiadepartment-immigration-and-citizenship-2011 (viewed 11 September 2017); Toro-Martinez v
Commonwealth of Australia (Department of Immigration and Citizenship) [2011] AusHRC 44. At
https://www.humanrights.gov.au/publications/aushrc-44-mr-toro-martinez-v-commonwealth-australiadepartment-immigration-and (viewed 11 September 2017); Al Jenabi v Commonwealth of Australia
(Department of Immigration and Citizenship) [2011] AusHRC 45. At
https://www.humanrights.gov.au/publications/aushrc-45-mr-al-jenabi-v-commonwealth-australia49