3 February 2004
HREOC intervenes in challenge to immigration detention of children
The Human Rights and Equal Opportunity Commission was granted leave to intervene by the High Court today in a matter relating to the constitutional limits on the powers to detain children under the Migration Act 1958 (Cth).
In summary, the Commission submitted that the Migration Act 1958 (Cth) fails to provide a system whereby children’s particular interests and vulnerabilities are recognised.
Instead, the Act requires the mandatory detention of both adults and children alike, without any mechanism for the individual assessment of the needs of children. The Commission has submitted that this undifferentiated approach fails to meet the constitutional requirement that such detention be limited to what is reasonably necessary for the purposes of assessment of immigration status or removal/deportation.
The Commission made particular reference to the Convention on the Rights of the Child, which imposes international legal obligations upon Australia in relation to the detention of children.
Human Rights Commissioner Dr Sev Ozdowski said the Commission’s intervention in this case demonstrates our continued efforts to protect the human rights of children who are in immigration detention.
“The Commission will shortly be releasing the report of its national inquiry into that issue,” the Commissioner said.
Media contact: Paul Oliver (02) 9284 9880 or 0408 469 347
Last updated 3 February 2004.
