Wednesday, 31 January 2007
Human Rights Commissioner says Migration Bill is unfair
The Migration Amendment (Review Provisions) Bill 2006 is unfair and should not be passed, Human Rights Commissioner, Graeme Innes AM, has told the Senate Legal and Constitutional Affairs Committee in Sydney today.
"The Bill should not be passed. It creates an unfair process which is likely to breach applicants' right to a fair hearing," Commissioner Innes said.
"The Bill may give tribunals greater flexibility, but may not improve their efficiency. However, even if it does, efficiency is not justified if it comes at the expense of applicants' human rights."
The Bill purports to create a mechanism of review that is 'fair, just, economical, informal and quick.' It does this by giving the Refugee Review Tribunal the option of putting information to applicants orally, instead of in writing.
HREOC's submission to the Inquiry makes clear its support for these objectives. However, the Bill does not achieve them. Instead, the changes are more likely to result in inconsistency, confusion and unfairness in the review process, increasing the risk of incorrect decisions and refoulement.
"Giving adverse information orally to an asylum seeker creates an increased risk of human rights breaches," Commissioner Innes told the Inquiry.
"Ninety percent of people before these tribunals require an interpreter and over one third are unrepresented. Added to that, many asylum-seekers are victims of torture and trauma and the consequences of the decision can be a matter of life or death."
The Commission's written submission to the Senate Inquiry can be viewed at: http://www.humanrights.gov.au/legal/submissions/migration_amendment_bill_06.htm or at http://www.aph.gov.au/senate/committee/legcon_ctte/mig_review_provisions/submissions/sub05.pdf
Media contact: Louise McDermott (02) 9284 9851 or 0419 258 597
Last updated 30 August, 2007
