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The Commission recommends that all asylum seekers who are found to be owed protection obligations should be granted a PPV, with the associated entitlements to sponsor family members to come to Australia, and to travel outside of Australia.

Temporary Protection Visas (TPVs) are a type of visa available to people who arrive in Australia without a visa and are found to be owed protection obligations. [1]As its name suggests, a TPV only permits the holder to remain in Australia temporarily (this can be contrasted with a Permanent Protection Visa (PPV), which grants the holder permanent resident status). TPVs can last for up to…

Like TPVs, bridging visas are temporary visas. They allow people (including asylum seekers) to legally reside in the Australian community while they are applying for a longer term visa, appealing a decision relating to their visa, or making arrangements to leave Australia. The key difference is that bridging visas are granted to asylum seekers before any decision is made about whether they…

The Commission raised serious concerns about TPVs when they were used in Australia (with similar conditions attached) from 1999 to 2008. [6] Based on the negative impacts of TPVs on refugees when they were last used, the Commission is concerned that the reintroduction of TPVs may lead to breaches of Australia’s international human rights obligations, for the following reasons. Mental health…

A Last Resort? National Inquiry into Children in Immigration Detention (April 2004), Chapter 16 The end of temporary protection visas for refugees is a step forward for human rights (Commission media release, 14 May 2008) TPVs part of an inhumane system (Commission news story, 3 December 2013)

You can view a list of abbreviations and acronyms that are used by the Commission. The list makes it easier to understand our website and publications.

This UPR Progress Report operates as a statement of key human rights concerns and developments in Australia in 2013. The report is the third in a series of annual reports that are being developed in the lead up to Australia’s second Universal Periodic Review (UPR) at the United Nations (UN) Human Rights Council in October 2015. Each report identifies important milestones as well as…

2.1 Scope of international obligations During Australia’s review, the Government made a commitment to improving Australia’s monitoring of its international human rights obligations. Australia is a party to seven of the core human rights treaties and maintains a number of reservations under these. The Australian Government made a commitment to conduct a comprehensive review of such…

The Paris Principles set out the minimum standards required by national human rights institutions to be considered credible and to operate effectively. [94] In order to be effective and granted an ‘A status’, national human rights institutions must be independent, adequately funded and have a broad human rights mandate. ACHRA encourages the new Government to ensure that the Australian Human…

Treaty Key dates Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) The fifth periodic report was submitted in July 2013 (due in August 2012) Convention on the Rights of Persons with Disabilities (CRPD) Australia appeared before the committee in September 2013 Convention on the Elimination of Racial Discrimination (CERD) The report was due October…

This report draws upon the extensive work the Australian Human Rights Commission has undertaken in the area of Australian law, policy and practice relating to asylum seekers, refugees and immigration detention. The Commission’s work has included conducting national inquiries, examining proposed legislation, monitoring and reporting on immigration detention, and investigating complaints from …

2.1 Mandatory immigration detention It is mandatory under the Migration Act for every non-citizen who is in Australia without a valid visa to be detained, regardless of his or her individual circumstances. [24] Once detained, unlawful non-citizens must remain in detention until they are either granted a visa or removed from Australia. [25] The majority of unlawful non-citizens are detained…

As at 23 September 2013 there were 710 asylum seekers detained in the ‘regional processing centre’ on Nauru and 798 asylum seekers detained in the centre on Manus Island. [145] It is estimated that there are currently at least 44 children in the regional processing centre on Nauru, all of whom were transferred with their families as part of the new RSA, having arrived in Australia after 19…

Prior to the federal election on 7 September 2013, the then Opposition announced a number of policies which it would implement, if elected, to deter asylum seekers arriving in Australia by boat and to reform Australia’s refugee status determination process. Some of the key proposals which are relevant to the Commission’s mandate are briefly considered below. 4.1 Temporary Protection Visas…

Australia’s key human rights obligations which are relevant to asylum seekers, refugees and people in immigration detention are set out below. People should not be returned to a country where their life or freedom would be threatened (referred to as ‘ refoulement’) [208] Everyone has the right not to be subjected to arbitrary detention [209] Children should only be detained as a measure of…

As mentioned above, the Commission has worked and continues to work on a range of human rights issues connected with the Internet. Further information can be found on the Commission’s webpage ‘Human rights and the Internet’, at http://www.humanrights.gov.au/human-rights-and-internet. This includes links to the Commission’s work relating to: access and accessibility for people with disability…

The Internet has been in existence since the 1960s, and the World Wide Web since the 1990s. [1] Cyberspace, however, remains a relatively new terrain in terms of the questions it raises about human rights and responsibilities. The International Telecommunication Union estimates that almost 40% of the world‘s population, and over 76% of people in developed countries, are now internet users. …

This paper is intended to contribute to discussion; it is not intended to comprehensively or conclusively cover all issues surrounding human rights in cyberspace. The Australian Human Rights Commission (Commission) has worked and continues to working on a range of human rights issues connected with the Internet, including access and accessibility for people with disability access and online…