Australian Human Rights Commission
Submission to UN Committee Against Torture, 17 October 2014
following a review by the AHRC and the senior leadership has demonstrated strong
commitment to eradicating violence against women within the armed forces.
Recommended actions: That all Australian governments fully implement the
National Plan to Reduce Violence against Women and their Children, including by
ensuring appropriate services and funding are provided to particularly vulnerable
categories of women.
That governments in Australia ensure that there is rigorous monitoring of the
implementation of Coronial Inquest findings, to address systemic failures to protect
women from domestic violence.
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Immigration detention and asylum seeker policy
Positive developments: Independent reviews of adverse security assessments by
ASIO were conducted from 2012, resulting in the reversing of assessment findings in
some instances.
Steps have been taken by the government since 2011 to strengthen mental health
services and response across the immigration detention network.
Since October 2010 the Australian Government has moved increasing numbers of
asylum seekers and refugees from closed immigration detention into the community,
pending resolution of their claims for protection. This has been achieved through the
use of community detention and bridging visas.
Recommended actions: That 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 detention
should be introduced to ensure that if a person is detained, they are not detained for
any longer than is necessary.
That an independent guardian be appointed for all unaccompanied minors in
immigration detention, to ensure that their rights are adequately protected.
That independent review be provided for all people subject to adverse security
assessments. Alternative options to indefinite detention in closed facilities should
also be considered for this class of refugee. This may include, community detention
options (with conditions to mitigate any identified risks).
That the Government continue to expand the use of alternatives to closed
immigration detention such as community detention and bridging visas.
That restrictions be removed from bridging visas that prevent asylum seekers from
working.
That legislative safeguards be introduced to protect asylum seekers from being
processed in third countries where they face a real risk of significant harm. In
particular LGBTI asylum seekers should not be removed to a country in which
homosexual activity is criminalised.
That the following Bills not be passed by the Australian Parliament as they are
incompatible with Australia’s non-refoulement obligations:
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