Endnotes
86
87
88
89
90
91
92
93
94
95
96
97
98
66
2021), 9 <https://humanrights.gov.au/sites/
default/files/document/publication/ahrc_covid-19_
immigration_detention_2021.pdf>.
United Nations Human Rights Committee, General
Comment No. 31, [80]; The Nature of the General Legal
Obligation Imposed on States Parties to the Covenant,
UN Doc CCPR/C/21/Rev.1/ADD.13 (26 May 2004) [6].
Australian Human Rights Commission, Management
of COVID-19 risks in immigration detention (Review,
June 2021) <https://humanrights.gov.au/sites/
default/files/document/publication/ahrc_covid-19_
immigration_detention_2021.pdf>.
Ibid, 46–47.
See [3.5] (b) Access to specialist health care at 41–44.
Peter Shergold AC, Jillian Broadbent AC, Isobel
Marshall & Peter Varghese AO, Fault Lines: An
independent review into Australia’s response to
COVID-19 (20 October 2022), 18 <https://assets.
website-files.com/62b998c0c9af9f65bba26051/6350
438b7df8c77439846e97_FAULT-LINES-1.pdf>.
Australian Human Rights Commission, Inspections
of Australia’s immigration detention facilities 2019
(Report, December 2020), 144 <https://humanrights.
gov.au/sites/default/files/document/publication/
ahrc_immigration_detention_inspections_2019_.
pdf>.
Ibid, Recommendation 42–44.
Ms RC v Commonwealth (Department of Home Affairs)
[2022] AUSHRC 144, [6] <https://humanrights.gov.au/
sites/default/files/document/publication/ms_rc_v_
commonwealth_department_of_home_affairs_2022_
aushrc_144.pdf>.
Ibid, [5].
Department of Home Affairs, Immigration Detention
and Community Statistics Summary (31 December
2020) <https://www.homeaffairs.gov.au/researchand-stats/files/immigration-detention-statistics-31december-2020.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/immigrationdetention-statistics-31-january-2023.pdf>.
Ashleigh Barraclough. Final eight asylum seekers
released from Park Hotel in Melbourne. ABC (7 April
2022) <https://www.abc.net.au/news/2022-04-07/
final-eight-asylum-seekers-released-park-hotelmelbourne/100973950>.
Mary-Anne Kenny, ‘Why one man with ‘god-like’
powers decides if Novak Djokovic can stay or go’
(The Conversation, 13 January 2022) <https://
theconversation.com/why-one-man-with-godlike-powers-decides-if-novak-djokovic-can-stay-orgo-174773>.
99
100
101
102
103
104
105
106
107
Senate Select Committee on Ministerial Discretion in
Migration Matters, Inquiry into Ministerial Discretion in
Migration Matters (March 2004), [9.78] <https://www.
aph.gov.au/Parliamentary_Business/Committees/
Senate/Former_Committees/minmig/report/index>.
Ibid.
Elizabeth Proust, Report to the Minister for
Immigration and Citizenship on the Appropriate Use of
Ministerial Powers under the Migration and Citizenship
Acts and Migration Regulation (31 January 2008)
<https://nswbar.asn.au/circulars/july/proust.pdf>.
See, for example, Australian Human Rights
Commission, Immigration detention following visa
refusal or cancellation under section 501 of the
Migration Act 1958 (Cth) [2021] AusHRC 141 <https://
humanrights.gov.au/sites/default/files/document/
publication/2021_aushrc_141.pdf>; Joint Standing
Committee on Migration, The Report of the Inquiry
into Review Processes Associated with Cancellations
Made on Criminal Grounds (February 2019) <https://
apo.org.au/node/221311>; Commonwealth
Ombudsman, The Department of Immigration and
Border Protection: The Administration of Section
501 of the Migration Act 1958 (Report No 8,
December 2016) <https://www.ombudsman.gov.
au/__data/assets/pdf_file/0027/42597/20181107Amended-section-501-own-motion-report.pdf>;
Commonwealth Ombudsman, Department of
Immigration and Multicultural Affairs: Administration
of s 501 of the Migration Act 1958 as it Applies to
Long-Term Residents (Report No 1, February 2006)
<https://www.ombudsman.gov.au/__data/assets/
pdf_file/0023/26267/investigation_2006_01.pdf>.
Nicole Precel. ‘I was shaking. I was shocked’:
A bittersweet release from immigration detention
after nine years. The Sydney Moring Herald.
(13 March 2022) <https://www.smh.com.au/national/
i-was-shaking-i-was-shocked-a-bittersweet-releasefrom-immigration-detention-after-nine-years20220313-p5a47r.html>.
Status Resolution Support Services <https://immi.
homeaffairs.gov.au/what-we-do/status-resolutionservice/status-resolution-support-services>.
The Administration of the Immigration and
Citizenship Programs Addendum – March 2022
(data updated to 31 January 2022) <https://immi.
homeaffairs.gov.au/programs-subsite/files/
addendum-march-22.pdf> 15.
The Department conveyed this information to the
Commission by way of email dated 20 July 2022.
Australian Human Rights Commission, Inspections
of Australia’s immigration detention facilities 2019
(Report, December 2020), 140 <https://humanrights.
gov.au/sites/default/files/document/publication/
ahrc_immigration_detention_inspections_2019_.
pdf>.