Australian Human Rights Commission Submission to UN Committee Against Torture, 17 October 2014 • Empowers the Government to remove asylum seekers from Australia without judicial scrutiny of whether such a removal would be in breach of Australia’s non-refoulement obligations Replaces references to the Refugee Convention in the Migration Act with new narrower statutory definitions Limits the availability of review for unauthorised maritime arrivals who have applied for and been denied a protection visa Further limits the rights of review for those who have previously been refused protection, have protection elsewhere or have been considered to have unmeritorious claims - this cohort of applicants will be excluded from any form of merits review. amends the Maritime Powers Act 2013 (Cth) to authorise the interception of asylum- seekers coming to Australia by boat, detaining them and taking them to a place outside Australia - irrespective of the international or domestic obligations of any other country. • • • • • Migration Amendment (Protection and Other Measures) Bill 2014 (Cth) On 25 June 2014 the Australian Government introduced the Migration Amendment (Protection and Other Measures) Bill 2014 (Cth) into Parliament. The Bill: • Modifies the threshold test for determining Australia’s protection obligations, including under the Convention Against Torture Penalizes asylum seekers who cannot provide particulars and evidence to substantiate their claims for protection. • The PJCHR has stated that several of the proposals contained in the bill are incompatible with Australia’s non-refoulement obligations. Recommended actions: Mandatory immigration detention be abolished. Asylum seekers should only be detained if it is shown to be necessary in their individual case. Time limits for detention and access to judicial oversight of the necessity of detention should be introduced to ensure that if a person is detained, they are not detained for any longer than is necessary. The Government continue to expand the use of alternatives to closed immigration detention such as community detention and bridging visas. Restrictions be removed from bridging visas that prevent asylum seekers from working. An independent guardian be appointed for all unaccompanied minors in immigration detention, to ensure that their rights are adequately protected. The Australian Government consider and utilise alternatives to indefinite detention in closed immigration detention facilities for refugees with adverse security assessments. • The Australian government cease transferring asylum seekers to 35