Statement by President Professor Alice Tay
Human Rights and Equal Opportunity Commission granted leave to intervene in the "Tampa" case
The Human Rights and Equal Opportunity Commission sought and was granted leave to intervene in proceedings relating to the MV Tampa before Justice North in the Federal Court in Melbourne today.
The Commission has tendered to the court written submissions stating that the case centrally involves the following issues which relate to human rights:
a) if the asylum seekers are not in immigration detention, circumstances at present indicate:
- the asylum seekers aboard the MV Tampa are being held in "arbitrary detention" in breach of article 9 of the International Covenant on Civil and Political Rights (ICCPR);
- the child asylum seekers aboard the MV Tampa are being held in "arbitrary detention" in breach of article 37(b) of the Convention on the Rights of the Child (CROC). The detention of the child asylum seekers aboard the MV Tampa may also be in breach of articles 3 and 22 of the CROC;
- the rights of the Applicant, Mr Eric Vadarlis, may have been breached by the restrictions placed on his ability to impart information to the asylum seekers in accordance with article 19 of the ICCPR;
- the rights of the asylum seekers may have been breached by the restrictions placed on their ability to seek and receive information about their legal rights in accordance with article 19 of the ICCPR;
b) in the event that the asylum seekers are found to held in "immigration detention" as defined by section 5 of the Migration Act 1958 (Cth) there may have been a breach of their right to equality before the law and equal protection of the law in accordance with articles 2 and 26 of the ICCPR and article 2 of the CROC.
To access the submissions click here.
Media contact: Janine
MacDonald 0408 469 347.
