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1. The Human Rights and Equal Opportunity Commission (“the Commission”) seeks the leave of the Court to intervene to make submissions in this case.

The Commonwealth relies upon Australia's response to the UNHRC's decision in A v Australia.(34) Nothing flows from that response. The UNHRC hears individual complaints of violations of the ICCPR (called "communications") under the First Optional Protocol to the ICCPR. (35) Australia is a party to the First Optional Protocol. (36) The decisions or "views" of the UNHRC regarding…

SHDB Appellant PHILIPPA GODWIN First Respondent JULIE HELEN KEENAN Second Respondent MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS Third Respondent

1. The Human Rights and Equal Opportunity Commission (the "Commission") files these written submissions pursuant to the orders entered 24 September 2002. The Commission makes no submissions on the respondent's motion of 18 September 2002. On the assumption that the appeal is competent, the Commission's submissions address the proper construction of s.196 of the Migration Act 1958 (Cth) …

1. The Human Rights and Equal Opportunity Commission (the 'Commission') files these written submissions pursuant to the orders entered on 13 September 2002. The Commission makes no submissions on the issue of whether the Minister should be granted leave to appeal from the judgment and orders of Merkel J. On the assumption that such leave is granted, the Commission's submissions address the proper…

1. The Human Rights and Equal Opportunity Commission (the "Commission") makes no submissions about the constitutional validity of s 474 of the Migration Act 1958 (Cth) ("the Act"), nor about the nature of this Court's jurisdiction under s 75(v) of the Constitution. Rather, these submissions are made on the basis that the principles of statutory construction which ground the…

1. The key concept underlying the Commission's submissions is the proposition that the Australian legal system recognises, in various ways, an obligation to provide an effective remedy to persons present in this country whose interests have been adversely affected by a decision of an officer of the Commonwealth, where the decision is otherwise than in accordance with law. In this case, the need…

1.1 On 5 March 2002, the Full Court granted leave to the Human Rights and Equal Opportunity Commission ("the Commission") to intervene in this appeal, pursuant to s.11(1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth).

The Human Rights and Equal Opportunity Commission ( Commission') was established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). On 13 April 1995, His Honour Justice Carr directed that leave be granted to the Commission, pursuant to s.11(1)(o) of the HREOC Act, to file and serve written submissions in these matters limited to the issues referred to…

The Human Rights and Equal Opportunity Commission ("the Commission") was established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). On 13 April 1995, Carr J. directed that leave be granted to the Commission, pursuant to s.11(1)(o) of the HREOC Act, to file and serve written submissions in these matters limited to the issues referred to…

1. The Human Rights and Equal Opportunity Commission ("the Commission") was granted leave by his Honour Justice Marshall on 5 June 2001 to intervene in these proceedings pursuant to s 11(1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (the "HREOC Act").

1. These submissions are filed pursuant to the directions given by the Full Court and conveyed to the Human Rights and Equal Opportunity Commission ("the Commission") in a facsimile from the Associate to the Honourable Justice Gray dated 17 December 2001. They are directed only to the issues raised in the respondent's submissions of 23 November 2001 (including the respondent's…

1. The Human Rights and Equal Opportunity Commission ('the Commission') by Notices of Motion dated 1 September 2001, will seek leave to intervene pursuant to section 11(1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ('the Act')

1. On 1 September 2001, the Human Rights and Equal Opportunity Commission ("the Commission") was granted leave to intervene in both proceedings. For the reasons outlined in paragraphs 8 and 10 of the judgment of His Honour Justice North, the Commission has become a party.

The Human Rights and Equal Opportunity Commission ("the Commission") was established by the Human Rights and Equal Opportunity Commission Act 1986 (Cth) ("the HREOC Act"). On 28 February 1995, His Honour Justice O'Loughlin directed that leave be granted to the Commission, pursuant to s.11(1)(o) of the HREOC Act, to file and serve written submissions in these matters limited to…