Australian Human Rights Commission Submission to the UN Committee On The Elimination Of Racial Discrimination, 30 October 2017 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). 183 Police Accountability Project, About the Project (2017). At http://www.policeaccountability.org.au/about/ (viewed 12 October 2017). See also Police Accountability Project, Racial profiling (2017). At http://www.policeaccountability.org.au/issues-andcases/racial-profiling/ (viewed 12 October 2017). 184 Victoria Tauli-Corpuz, United Nations Special Rapporteur on the rights of indigenous peoples, Report of the Special Rapporteur on the rights of indigenous peoples on her visit to Australia, UN Doc A/HRC/36/46/Add.2 (8 August 2017) 14 [81]. At http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/36/46/Add.2 (viewed 10 October 2017). 185 Mulrunji was arrested by Senior Sergeant Christopher Hurley for yelling our alleged abuse towards the police. Mulrunji was affected by alcohol, protesting and struggling. He was brought into the Palm Island Police Station, where he had an altercation with Senior Sergeant Hurley. Mulrunji was then dragged limp and unresponsive into a cell. Within an hour, Mulrunji was dead. 186 Wotton v State of Queensland (No 5) [2016] FCA 1457. At http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2016/2016fca1457 (viewed 12 October 2017). See also a summary of the reasons for judgment at http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2016/2016fca1457/summary/2 016fca1457-summary (viewed 12 October 2017). 187 Contrary to what would have occurred in an impartial, independent and effective investigation, Senior Sergeant Hurley picked up the investigators from the airport when they arrived and had a meal with them at his house that evening. He was never treated as a suspect, nor promptly removed from the island. The police officers discounted and ignored accounts from Aboriginal witnesses implicating Senior Sergeant Hurley. Incorrect and stereotypical information about Mulrunji and the circumstances of his death was passed to the coroner, while relevant information from Aboriginal witnesses was not passed on. 188 For example, by not proactively participating in community meetings and by not providing timely and accurate information about the cause of Mulrunji’s death and the progress of the investigation, which the community was waiting to hear. 189 Wotton v State of Queensland (No 5) [2016] FCA 1457. At http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2016/2016fca1457 (viewed 12 October 2017). See also a summary of the reasons for judgment at http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2016/2016fca1457/summary/2 016fca1457-summary (viewed 12 October 2017). 190 Wotton v State of Queensland (No 5) [2016] FCA 1457 at [582]–[634]. 191 Chris O’Brien, ‘Palm Island riots racism court ruling appeal dropped, Queensland Government says’, ABC News (online) 28 February 2017. At http://www.abc.net.au/news/2017-02-28/appealdropped-palm-island-riots-court-ruling-qld-government/8310044 (viewed 12 October 2017). 192 Courtney Bembridge, ‘Kalgoorlie protest: Community mourns as elders call for action against online racism’, ABC News (online) 31 August 2016. At http://www.abc.net.au/news/2016-08-30/communitymourns-as-elders-call-for-justice-after-riot/7799942 (viewed 12 October 2017); ABC, ‘Kalgoorlie protest: Arrests made, officers injured in violent riot over teen's death’, ABC News (online) 31 August 2016. At http://www.abc.net.au/news/2016-08-30/protesters-arrested-in-kalgoorlie-riot-after-teensdeath/7797804 (viewed 12 October 2017). 193 Courtney Bembridge, ‘Kalgoorlie protest: Community mourns as elders call for action against online racism’, ABC News (online) 31 August 2016. At http://www.abc.net.au/news/2016-08-30/communitymourns-as-elders-call-for-justice-after-riot/7799942 (viewed 12 October 2017). Courtney Bembridge, ‘Kalgoorlie protest: Community mourns as elders call for action against online racism’, ABC News (online) 31 August 2016. At http://www.abc.net.au/news/2016-08-30/communitymourns-as-elders-call-for-justice-after-riot/7799942 (viewed 12 October 2017); ABC, ‘Kalgoorlie protest: Arrests made, officers injured in violent riot over teen's death’, ABC News (online) 31 August 2016. At http://www.abc.net.au/news/2016-08-30/protesters-arrested-in-kalgoorlie-riot-after-teensdeath/7797804 (viewed 12 October 2017). 195Courtney Bembridge, ‘Kalgoorlie protest: Community mourns as elders call for action against online racism’, ABC News (online) 31 August 2016. At http://www.abc.net.au/news/2016-08-30/community- 60