Endnotes 1 2 3 4 5 6 7 62 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>. Human Rights and Equal Opportunity Commission, Those Who’ve Come across the Seas: Detention of Unauthorised Arrivals (Report, 1998); Human Rights and Equal Opportunity Commission, A Last Resort? National Inquiry into Children in Immigration Detention (Report, 2004); Australian Human Rights Commission, The Forgotten Children: National Inquiry into Children in Immigration Detention (Report, 2014) <https://humanrights.gov.au/sites/default/ files/document/publication/h5_2_2.pdf>; <https:// humanrights.gov.au/sites/default/files/document/ publication/alr_complete.pdf>; <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>. See, for example, Australian Human Rights Commission, Inspections of Australia’s immigration detention facilities 2019 Report (December 2020) <https://humanrights.gov.au/sites/default/files/ document/publication/ahrc_immigration_detention_ inspections_2019_.pdf>. See, for example, Australian Human Rights Commission, Asylum Seekers, Refugees and Human Rights: Snapshot Report (2013) <https://humanrights. gov.au/our-work/asylum-seekers-and-refugees/ publications/asylum-seekers-refugees-andhuman-rights-snapshot>; Australian Human Rights Commission, Asylum Seekers, Refugees and Human Rights: Snapshot Report 2nd ed, 2017) <https:// humanrights.gov.au/our-work/asylum-seekers-andrefugees/publications/asylum-seekers-refugees-andhuman-rights-0>. See, for example, Australian Human Rights Commission, Inspections of Australia’s immigration detention facilities 2019 Report (December 2020) <https://humanrights.gov.au/sites/default/ files/document/publication/ahrc_immigration_ detention_inspections_2019_.pdf>; Commonwealth Ombudsman and Australian Human Rights Commissioner, Joint Statement on the use of Hotels as Alternative Places of Detention (7 October 2022) <https://humanrights.gov.au/about/news/ media-releases/joint-statement-use-hotel-apods>; Australian Human Rights Commission, Submission to the Committee Against Torture (October 2022) <https://humanrights.gov.au/sites/default/ files/submission_to_the_committee_against_ torture_2022_0.pdf>. As at 28 February 2022 there were 130 people being held in APODs, however by 31 January 8 9 10 11 12 13 14 15 16 17 2023 this number had reduced to 29 people being held in APODs. See Department of Home Affairs, Immigration Detention and Community Statistics Summary (28 February 2022) <https:// www.homeaffairs.gov.au/research-and-stats/files/ immigration-detention-statistics-28-february-2022. pdf>; Department of Home Affairs, Immigration Detention and Community Statistics Summary (January 2023, released 3 March 2023) <https:// www.homeaffairs.gov.au/research-and-stats/files/ immigration-detention-statistics-31-january-2023. pdf>. Migration Act 1958 (Cth), ss 189, 196. Migration Act 1958 (Cth), s 189; AJL20 v Commonwealth (2021) 273 CLR 43 at [49] (Kiefel CJ, Gageler, Keane and Steward JJ). Australian Human Rights Commission, Submission to the Committee Against Torture (October 2022), [45]; Australian Human Rights Commission, Risk Management in Immigration Detention (Report, 2019), 68. The Department website lists these as the Adelaide Immigration Transit Accommodation, Brisbane Immigration Transit Accommodation, Melbourne Immigration Transit Accommodation, 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/detention-facilities>. Migration Act 1958 (Cth), s 197AB. Migration Act 1958 (Cth), Division 8, Subdivision B. See, for example, Australian Human Rights Commission, Submission to the Committee Against Torture (October 2022), [4.3]; Australian Human Rights Commission, Ms BK, Ms CO and Mr DE on behalf of themselves and their families v Commonwealth of Australia (Department of Home Affairs) [2018] AusHRC 128 <https://humanrights.gov.au/ sites/default/files/document/publication/2018_ aushrc_128_final_web_version.pdf>. Migration Act 1958 (Cth), s 5(1). Migration Act 1958 (Cth), s 198B. The Medevac Scheme was authorized by the Home Affairs Legislation Amendment (Miscellaneous Measures) Act 2019 (Cth), and was repealed on 4 December 2019. For a discussion of the issues involved in its repeal, see the two submissions by the Australian Human Rights Commission to the Legal and Constitutional Affairs Legislation Committee in relation to its inquiry into the Migration Amendment (Repairing Medical Transfers) Bill 2019 (Cth) <https:// humanrights.gov.au/our-work/legal/submission/ migration-amendment-repairing-medical-transfersbill-2019> and <https://humanrights.gov.au/ our-work/legal/submission/migration-amendmentrepairing-medical-transfers-bill-2019-0>.