Australian Human Rights Commission Submission to the UN Human Rights Committee, 18 September 2017 department-immigration-and-citizenship (viewed 11 September 2017); Heyward v Commonwealth of Australia (Department of Immigration and Citizenship) [2011] AusHRC 47. At https://www.humanrights.gov.au/publications/aushrc-47-mr-heyward-v-commonwealth-australiadepartment-immigration-and-citizenship (viewed 11 September 2017); Brown v Commonwealth of Australia (Department of Immigration & Citizenship) [2012] AusHRC 51. At https://www.humanrights.gov.au/publications/aushrc-51-brown-v-commonwealth-australia-departmentimmigration-citizenship (viewed 11 September 2017); Australian Human Rights Commission, Background paper: Human rights issues raised by visa refusal or cancellation under section 501 of the Migration Act (June 2013). At https://www.humanrights.gov.au/our-work/asylum-seekers-andrefugees/publications/background-paper-human-rights-issues-raised-visa (viewed 11 September 2017); Australian Human Rights Commission, Submission No 8 to the Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia, Inquiry into the Migration Amendment (Character and General Visa Cancellation) Bill 2014, 24 October 2014. At https://www.humanrights.gov.au/sites/default/files/2014.10.28%20Submission%20-%20Final.pdf (viewed 11 September 2017). 107 The proposed additional requirements include increasing residency requirements to four years permanent residency; increasing the language requirements of the English language from ‘basic knowledge’ to ‘competent English’; a new requirement that a person ‘has integrated into the Australian community’, amongst others. 108 Groups include children born in Australia to asylum seeker or refugee parents, even after those children have been lawfully in Australia for up to 10 years; children born in Australia to parents who had a valid visa but overstayed the visa before the child’s 10th birthday; children who are found abandoned in Australia; children as young as 10 years old that the Minister considers are not of good character; people with mental illness or cognitive impairment who come into contact with the criminal justice system. 109 Productivity Commission, Report on Government Services (2015), Table 15A.18, Column N. As at 30 June 2014, there were 43,009 children in out-of-home care in Australia: Productivity Commission, Report on Government Services (2015), Table 15A.18, Column N, Row 9. Rates have increased from 6.8 to 8.1 per 1,000 between 2009 and 2014. At http://www.pc.gov.au/research/recurring/report-ongovernment-services/2015/community-services/data/rogs-2015-volumef-chapter15-attachment.xlsx (viewed 11 September 2017). 110 The national rate of Indigenous children in out-of-home care was 9.1 times the rate for nonIndigenous children. In all jurisdictions, the rate of Indigenous children in out-of-home care was higher than for non-Indigenous children, with rate ratios ranging from 6.1 in Victoria to 14.3 in the Northern Territory: Productivity Commission, Report on Government Services (2015), Table 15A.18, Columns F-M, Rows 11-12. At http://www.pc.gov.au/research/recurring/report-on-governmentservices/2015/community-services/data/rogs-2015-volumef-chapter15-attachment.xlsx (viewed 11 September 2017). 111 Australian Government Department of Social Services, An outline of National Standards for out-ofhome care (2011). At https://www.dss.gov.au/our-responsibilities/families-and-children/publicationsarticles/an-outline-of-national-standards-for-out-of-home-care-2011 (viewed 11 September 2017). 112 Australian Government, Budget 2016-17. Budget Paper No. 2. Part 2: Expense Measures. At http://www.budget.gov.au/2016-17/content/bp2/html/bp2_expense-21.htm (viewed 11 September 2017). In August 2016, the Minister for Social Services and Multicultural Affairs re-affirmed the Commonwealth Government’s strong support for the National Framework for Protecting Australia’s Children 2009-2020, especially the Third Action Plan with its emphasis on the First Thousand Days for a Child. See Families Australia, 5th National Coalition Meeting, 17 August 2016. At http://us1.campaign-archive1.com/?u=61efdfe9e3c03ed2d6188fdb1&id=f87a7e7111&e=f3a9e06879 (viewed 11 September 2017). 113 Council of Australian Governments (COAG) Advisory Panel on Reducing Violence against Women and their Children, Final Report, 1 April 2016, 62. At https://www.pmc.gov.au/office-women/womenssafety/coag-advisory-panel-reducing-violence-against-women-and-their-children (viewed 11 September 2017). 114 S Holt, H Buckley and S Whelan, ‘The impact of exposure to domestic violence on children and young people: a review of the literature’ (2008) 32 Child Abuse and Neglect 797, 810. At http://www.researchgate.net/publication/23219462_The_impact_of_exposure_to_domestic_violence_ on_children_and_young_people_A_review_of_the_literature (viewed 11 September 2017). 115 Australian Human Rights Commission, Children’s Rights Report 2015 (2015) 95. At https://www.humanrights.gov.au/our-work/childrens-rights/publications/childrens-rights-report-2015 (viewed 11 September 2017). 50