UNHCR submissions to parliamentary and other inquiries on issues related to migration and refugee policy in Australia and New Zealand.
Australia
Submission by UNHCR: Inquiry into Migration Detention Amendment (Immigration Detention Reform) Bill 5 August 2009
Draft Complementary Protection Visa Model: Australia UNHCR Comments - January 2009
September 2008
Inquiry into Immigration Detention in Australia (pdf 1,472 Kb).
UNHCR's submission to the Joint Standing Committee on Migration's Inquiry into Immigration Detention in Australia.
Outlines UNHCR's recommendations on reforms to current Immigration Detention and Offshore Processing procedures.
Topics: Detention, Offshore Processing
29 July 2008
Reform of Australia's Immigration detention System (Press release) (pdf 98 Kb).
Topics: Detention
July 2007
Citizenship Amendment (Citizenship Testing) Bill 2007
UNHCR's Submission to Australia's Senate Legal Affairs & Constitutional Committee (pdf 125 Kb).
Topics:
June 2006
UNHCR submission to the High Court of Australia between Minister of Immigration, Multicultural and Indigenous Affairs (MIMIA) and QAAH 2004 and the Refugee Review Tribunal (RRT), (pdf 284Kb)
Puts forward UNHCR's position with regard to the circumstances under which Convention Article 1A would normally be applied and its relationship to Article 1C.
The issue arose due to the Court's endorsement of the practice of reconsidering a person's refugee status (Art. 1A) in the context of applying for another protection visa - and the court's view that the criteria to be (re)considered were essentially identical to the criteria for the cessation of refugee status.
Topics: Cessation
May 2006
Migration Amendment (Designated Unauthorised Arrivals) Bill
Submission to the
Senate Legal and Constitutional Committee
Inquiry into the provisions of the Migration Amendment (Designated Unauthorised Arrivals) Bill 2006 and Questions on Notice from 26 May Hearing (pdf 100Kb).
Expresses UNHCR's concern at the proposed offshore processing measures.
Topics: Access to Courts, Offshore processing, Family Unity, Detention, Excision
July 2005
Inquiry into the Administration and Operation of the Migration Act 1958
Submission to the Senate Legal and Constitutional References Committee Inquiry into the Administration and Operation of the Migration Act 1958 (pdf 153Kb).
Changes to detention arrangements introduced by the Migration Amendment Act 2005 allow for a system that enables families with minor children to be released into commmuntiy detention. The ministerial powers under the act can also be exercised to allow other vulnerable individuals to reside outside of detention centres.
UNHCR is concerned that an overly broad interpretation of the concept of “effective protection” may lead to the seven day rule being applied in circumstances where refugees have in reality not had an opportunity to access protection before arriving in Australia.
Also raises concern that Temporary Protection Visa and Temporary Humanitarian Visa holders and are not entitled to family reunion or Convention Travel Documents, and that in some cases the lack of access to these entitlements may be indefinite.
Topics: Ministerial Powers, Temporary Protection Visa, Temporary Humanitarian Visa, Effective Protection, Detention, Family Unity, "Seven-Day Rule"
July 2005
Inquiry into asylum and protection visas for consular officials and the deportation, search and discovery of Vivian Solon
UNHCR
Submission to the Senate Foreign Affairs, Defence and Trade References Committee Inquiry into asylum and protection visas for consular officials and the deportation, search and discovery of Vivian Solon, submitted (pdf 150Kb).
Focuses on the important principle of confidentiality in the context of refugee status determination. The decision-making authority in the country of asylum should not share any individual case information about an asylum seeker with the authorities of the country of origin.
Topics: Confidentiality in Refugee Status Determination
April 2005
Migration Litigation Reform Bill 2005
Submission to the Senate Legal and Constitutional Legislation Committee Inquiry into the Migration Litigation Reform Bill 2005 (pdf 129Kb).
Focuses on the issues of refugees’ access to courts and measures to discourage cases that have “no reasonable prospects of success.” The submission urges a cautious approach in seeking to reduce unmeritorious litigation in asylum cases.
Topics: Access to Courts
February 2005
Criminal Code Amendment (Trafficking of Persons Offences) Bill 2004
Submission of the United Nations High Commissioner for Refugees on the Criminal Code Amendment (Trafficking of Persons Offences) Bill 2004 (pdf 17Kb).
The submission raises concern that the proposed amendments in the Criminal Code Amendment Bill 2004 do not make explicit reference to asylum seekers or refugees. There is a risk that through this omission, the legislation could overlook the possibility that there could be asylum seekers or refugees among traffickers and/ or victims of trafficking.
Topics: Human trafficking
April 2004
Migration Amendment (Judicial Review Bill)
Inquiry into the provisions of the Migration Amendment (Judicial Review Bill) (pdf 272Kb).
Reaffirms the importance of judicial review of immigration decisions and of maintaining a full judicial oversight of any administrative process that directly affects Australia’s compliance with its international obligations.
Topics: Access to Courts
September 2003
Migration Legislation Amendment (Identification and Authentication) Bill
Submission of the UNHCR on Migration Legislation Amendment (Identification and Authentication) Bill (pdf 92Kb)
Legislation aimed at combating identity fraud proposes biometric testing. Proposes additional safeguards and stresses the importance of the principles of privacy and confidentiality.
Topics: Biometric testing
August 2003
Inquiry into Ministerial Discretion in Migration Matters
Submission to the Senate Select Committee on Ministerial Discretion in Migration Matters: Inquiry into Ministerial Discretion in Migration Matters (pdf 80Kb).
The submission offers comments to the grant of protection visas looking at the appropriateness of discretionary ministerial powers within the broader migration application, decision-making, and review and appeal processes. The use of ministerial discretion can, and has in the past, acted as a safeguard to ensure that Australia meets its non-refoulement obligation, but on the other hand the presence of ministerial discretion is not sufficient since its nature is non-compellable and non-reviewable.
Topics: Ministerial Discretion, Temporary Protection Visa, "Seven-Day Rule"
July 2002
Migration Legislation Amendment (Further Border Protection) Bill 2002
(pdf 100Kb).
The submission expresses UNHCR’s concern at the current lack of formal procedures for the determination of refugee status in excised areas.
The Acts created a new Temporary Protection Visa, subclass 447, for those in excised areas or who are transferred to a third country for processing of their asylum claim.
The submission expresses UNHCR's concern that the application of these visa restrictions negatively impact family reunification and access to travel documents.
Topics: Temporary Protection Visa, Family Unity, Excision
August 2002
Migration Legislation Amendment (Further Border Protection) Bill 2002
Supplementary submission by UNHCR to the Senate, Legal and Constitutional Committee on the Migration Legislation Amendment (Further Border Protection) Bill 2002 (pdf 112Kb).
(Questions were put “on notice” during the public hearing on 06 August 2002).
Topics:
May 2002
National Inquiry into Children in Immigration Detention
Submission to the National Inquiry into Children in Immigration Detention
Human Rights and Equal Opportunity Commission - A last resort? (pdf 48Kb).
Outlines the areas where Australia's policy of mandatory detention of asylum seekers arriving illigally is not consistant with applicable international standards, in particular with regard to the detention of minors. Several alternatives to detention are offered.
Topics: Detention, Family Unity
September 2001
Senate Committee Inquiry into the Migration Legislation Amendment Bill (No 6) 2001
Submission to the Senate Legal & Constitutional References Committee Inquiry into the Migration Legislation Amendment Bill (No 6) 2001 (pdf 368Kb).
The submission comments on the amendment which provides that family members of persons who are owed protection obligations by Australia would also be eligible for a protection visa. However, concerns are that this provision is subject to the Minister’s discretion powers, which is non-compellable and non-reviewable.
Topics: Temporary Protection Visa, Ministerial Discretion, Family Unity
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Report, September 2001 (pdf 115Kb). |
April 2000
Migration Legislation Amendment Bill (No. 2)
Submission on behalf of the UNHCR to the Joint Standing Committee on Migration, Migration Legislation Amendment Bill No. 2 (pdf 230Kb).
The submission comments on the legislation, drawing attention to a concern for increased restriction on the right of judicial review to individual applicants.
Topics: Access to Courts
August 1999
A Sanctuary Under Review: An Examination of Australia's Refugee and Humanitarian Determination Processes
UNHCR Submission to the Senate Legal and Constitutional References Committee on the Operation of Australia's Refugee and Humanitarian Program (pdf 1,096Kb).
The submission answers several questions concerning Australia’s compliance with its international obligations concerning refugees and asylum seekers, including the use of a non-compellable, non-reviewable ministerial discretion and judicial oversight of administrative processes. It is UNHCR’s view that a main strength of Australia’s administrative processes is the supervision of the courts.
Topics: Access to Courts, Ministerial Discretion
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New Zealand
31 July 2008
Interagency Working Group on People Trafficking
Submission by the UNHCR to the Department of Labour (Interagency Working Group on People Trafficking)
on the Plan to Prevent People Trafficking
(pdf)
Topics: Human Trafficking
2007
New Zealand Immigration Bill 2007
UNHCR's Submission to the Transport and Industrial Relations Committee on the New Zealand Immigration Bill 2007
Topics:
1 July 2006
Review of New Zealand's Immigration ACT 1987
Submission of UNHCR to the Review of New Zealand's Immigration Act 1987
(pdf 284Kb).
Topics:
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Refugee Protection in International Law