March 2016 Senator the Hon. George Brandis QC Attorney-General Parliament House Canberra ACT 2600 Dear Attorney, I have completed my report pursuant to section 11(1)(f)(ii) of the Australian Human Rights Commission Act 1986 (Cth) into the complaint made by two separate families, the Misinale family and the Lee family against the Commonwealth of Australia, Department of Immigration and Border Protection (department). I have found that the decision by the Assistant Minister for Immigration and Border Protection (Minister) to not intervene in either case, leading to the requirement that each set of parents leave Australia, is an arbitrary interference with family. I find this decision to be an act inconsistent with or contrary to Articles 17 and 23 of the International Covenant on Civil and Political Rights (ICCPR). In light of my findings I recommended that the department refer the matter back to the current Minister for further consideration of the use of his public interest powers. I further recommended that the Minister consider exercising his powers in a manner consistent with the findings set out in this report. The department provided its response to my findings and recommendations by letter dated 22 December 2015. On the basis of the contents of this report and the passage of time since the matter was considered by the then Assistant Minister, the department agreed to refer both cases to the current Minister for his personal consideration. The response is set out in full at part 10 of this report. department’s I enclose a copy of my report. Yours sincerely, Gillian Triggs President Australian Human Rights Commission Australian Human Rights Commission Level 3, 175 Pitt Street, Sydney NSW 2000 GPO Box 5218, Sydney NSW 2001 Telephone: 02 9284 9600 Facsimile: 02 9284 9611 Website:
March 2016 Senator the Hon. George Brandis QC Attorney-General Parliament House Canberra ACT 2600 Dear Attorney, I have completed my report pursuant to section 11(1)(f)(ii) of the Australian Human Rights Commission Act 1986 (Cth) into the complaint made by two separate families, the Misinale family and the Lee family against the Commonwealth of Australia, Department of Immigration and Border Protection (department). I have found that the decision by the Assistant Minister for Immigration and Border Protection (Minister) to not intervene in either case, leading to the requirement that each set of parents leave Australia, is an arbitrary interference with family. I find this decision to be an act inconsistent with or contrary to Articles 17 and 23 of the International Covenant on Civil and Political Rights (ICCPR). In light of my findings I recommended that the department refer the matter back to the current Minister for further consideration of the use of his public interest powers. I further recommended that the Minister consider exercising his powers in a manner consistent with the findings set out in this report. The department provided its response to my findings and recommendations by letter dated 22 December 2015. On the basis of the contents of this report and the passage of time since the matter was considered by the then Assistant Minister, the department agreed to refer both cases to the current Minister for his personal consideration. The department’s response is set out in full at part 10 of this report. I enclose a copy of my report. Yours sincerely, Gillian Triggs President Australian Human Rights Commission Australian Human Rights Commission Level 3, 175 Pitt Street, Sydney NSW 2000 GPO Box 5218, Sydney NSW 2001 Telephone: 02 9284 9600 Facsimile: 02 9284 9611 Website:
2015_AusHRC_104.docx