Recommendation 270

The Australian Government is committed to a managed and equitable system of migration, consistent with our international obligations and respect for the human rights of migrants, refugees and asylum seekers. Australia respects and complies with its non‑refoulement obligations.

Australia engages actively with domestic and international organisations, including the UNHCR, the International Organization on Migration (IOM), and civil society organisations on a range of migration related matters. The Australian Government's engagement, through a combination of high-level and informal consultations, allows Australia to engage with these stakeholders on issues of concern, and work with them to pursue shared objectives. Australia considers all recommendations made by UN human rights treaty bodies, the UNHCR and Special Procedures.

The Australian Government considers immigration detention an essential component of effective border control. The Australian Government's strong border policies have increased public confidence, enabling Australia to have one of the world's most generous humanitarian program, which increased to 18,750 places in 2018-2019.

Since 2008, Australian Government policy has required that held detention be a last resort for the management of unlawful non-citizens who have not yet been granted permission to arrive or stay in Australia. Unlawful non-citizens will be detained until the assessment of health, identity and security risks which they present to the Australian community are resolved. These assessments are completed as expeditiously as possible to facilitate the shortest possible timeframe for detaining people in immigration detention facilities. This principle of last resort is not formally codified, other than in respect of minors in section 4AA of the Migration Act 1958 (Cth).

Under the Migration Act, immigration detention is not limited by a prescribed timeframe but relevantly ends when the person is granted a visa or is removed from Australia.

The vast majority of asylum seekers have access to independent merits review of decisions to refuse visa applications by the Administrative Appeals Tribunal or, in certain circumstances, by the Immigration Assessment Authority. All asylum seekers also have a constitutional right to seek judicial review of migration decisions. People in immigration detention may seek judicial review of the lawfulness of their detention, and request or refuse consular access or legal representation at any time. They may also submit a complaint to the Australian Human Rights Commission.

Once all domestic remedies are exhausted, individuals may also submit a complaint to relevant United Nation bodies such as the United Nations Committee against Torture or the UN Human Rights Committee.