Australian Human Rights Commission Australia and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), Shadow report to the CERD Committee – 8 July 2010 132 Human Rights and Equal Opportunity Commission, A last resort? National Inquiry into Children in Immigration Detention (2004). At http://www.humanrights.gov.au/human_rights/children_detention_report/index.html (viewed 4 May 2010). 133 Migration Act 1958 (Cth), s4AA. 134 See C Evans, note 112. 135 The Commission’s concerns are set out in further detail in the following: Australian Human Rights Commission, 2009 Immigration detention and offshore processing on Christmas Island (2009), note 122, section 11; Australian Human Rights Commission, 2008 Immigration detention report, note 114, section 14; Australian Human Rights Commission, Information provided to the OHCHR study on challenges and best practices in the implementation of the international framework for the protection of the rights of the child in the context of migration (2010), at http://humanrights.gov.au/legal/submissions/2010/201004_OHCHR_child_migration.html (viewed 5 May 2010). 136 For further details, see Australian Human Rights Commission, 2008 Immigration detention report, note 114, section 14; Australian Human Rights Commission, 2009 Immigration detention and offshore processing on Christmas Island, note 122, section 11. 137 Department of Immigration and Citizenship, note 117. 138 On the mainland there were 70 children in immigration transit accommodation and 14 children in immigration residential housing. On Christmas Island there were 160 children in the ‘construction camp’ immigration detention facility. These facilities have a much lower level of security than the high security immigration detention centres, and in that sense they are preferable. However, people detained in these facilities remain in immigration detention – they are not free to come and go. 139 In 2005, the Minister for Immigration was granted the power to issue a ‘residence determination’ permitting an immigration detainee to live at a specified residence in the community instead of in an immigration detention facility. This is known as ‘community detention’. People in community detention are still immigration detainees in a legal sense, but they are not under physical supervision. They are generally free to come and go, subject to meeting conditions such as living at a specified address, reporting to DIAC on a regular basis, and refraining from engaging in paid work or a formal course of study. 140 Department of Immigration and Citizenship, note 117. 141 See A last resort, note 132. 142 Department of Immigration and Citizenship, note 117. 143 The Migration Act was amended in 2001 to designate a number of islands as excised offshore places. A person who becomes an unlawful non-citizen by entering Australia at such a place is referred to as an offshore entry person. The purpose of these amendments was to bar offshore entry persons from being able to apply for a visa (including a protection visa) unless the Minister for Immigration determines that it is in the public interest to allow them to do so. See Migration Act 1958 (Cth), ss 5(1), 46A. 144 Australian Human Rights Commission, 2009 Immigration detention and offshore processing on Christmas Island, note 122. 145 See Australian Human Rights Commission, 2009 Immigration detention and offshore processing on Christmas Island, note 122, section 3; Australian Human Rights Commission, 2008 Immigration detention report, note 114, section 13. 146 Minister for Immigration and Citizenship, ‘Changes to Australia's Immigration Processing System’ (Joint Media Release with Minister for Foreign Affairs and Minister for Home Affairs, 9 April 2010). At http://www.minister.immi.gov.au/media/media-releases/2010/ce10029.htm (viewed 15 April 2010). 147 According to information provided by the Department of Immigration and Citizenship on 12 April 2010, the suspension will be applied as follows. In the case of asylum seekers from Sri Lanka or Afghanistan who are intercepted at sea or who arrive in an excised offshore place on or after 9 April 2010, all processing relating to their asylum claims will be suspended. In the case of asylum seekers from Sri Lanka or Afghanistan who apply for refugee status on the Australian mainland on or after 9 April 2010, the processing of their applications will be accorded the lowest processing priority. 148 Australian Human Rights Commission, ‘Suspension of processing asylum seekers raises serious concerns’ (Media Release, 9 April 2010). At http://humanrights.gov.au/about/media/media_releases/2010/29_10.html (viewed 15 April 2010). 149 ICERD article 1.2. 61