UN Human Rights Committee decision

The Kaldor Centre comments as follows:

UN Human Rights Committee decision

The United Nations Human Rights Committee handed down its decision on the case of five refugees who were indefinitely detained in immigration detention without charge by the Australian government. The Committee found that Australia’s actions are contrary to the prohibition on arbitrary, indefinite detention under international law. The decision can be read here. For background on refugees with an adverse security assessment, see our Factsheet.
Labor’s National Platform states:
256.
Labor will require the National Security Legislation Monitor to advise on establishing other mechanisms for:
  • Independent review of the adverse security assessments that ensures procedural fairness while recognising that processes may be required to protect intelligence sources and methodology; and
  • The management of those whose adverse assessment is upheld.
257.
Labor will explore options other than indefinite detention, including third country resettlement, to deal with refugees with adverse security assessments in a way that does not jeopardise Australia’s national security interests.