Where, after conducting an inquiry, the Commission finds that an act or practice engaged in by a respondent is inconsistent with or contrary to any human right, the Commission is required to serve notice on the respondent setting out its findings and reasons for those findings. The Commission may include in the notice any recommendations for preventing a repetition of the act or a continuation of the practice, and for the taking of action to remedy or reduce the loss or damage suffered by a person as a result of the act or practice. Recommendation 1 The Commission recommends that the Minister either amend Direction 62 to remove s 9(2)(b) or issue a replacement Direction without s 9(2)(b). Recommendation 2 The Commission recommends that when deciding the order for considering and disposing of the visa application of Mrs CN, the delegate of the Minister take into account any special circumstances of a compelling or compassionate nature. response Department’s The Commission provided a notice of its findings and recommendations to the department on 6 July 2015 and asked whether the Commonwealth has taken or is taking any action as a result of the findings and recommendations. The department replied to this request on 6 August 2015, saying: The Department has consulted with the Minister for Immigration and Border Protection, the Hon Peter Dutton MP on this matter and remains of the view outlined in correspondence to you on 15 June 2015. The reply did not indicate that the Commonwealth was taking any action in response to the findings and recommendations. Commission’s I report accordingly to the Attorney General. Gillian Triggs President Australian Human Rights Commission October 2015
Where, after conducting an inquiry, the Commission finds that an act or practice engaged in by a respondent is inconsistent with or contrary to any human right, the Commission is required to serve notice on the respondent setting out its findings and reasons for those findings. The Commission may include in the notice any recommendations for preventing a repetition of the act or a continuation of the practice, and for the taking of action to remedy or reduce the loss or damage suffered by a person as a result of the act or practice. Recommendation 1 The Commission recommends that the Minister either amend Direction 62 to remove s 9(2)(b) or issue a replacement Direction without s 9(2)(b). Recommendation 2 The Commission recommends that when deciding the order for considering and disposing of the visa application of Mrs CN, the delegate of the Minister take into account any special circumstances of a compelling or compassionate nature. Department’s response The Commission provided a notice of its findings and recommendations to the department on 6 July 2015 and asked whether the Commonwealth has taken or is taking any action as a result of the findings and recommendations. The department replied to this request on 6 August 2015, saying: The Department has consulted with the Minister for Immigration and Border Protection, the Hon Peter Dutton MP on this matter and remains of the view outlined in correspondence to you on 15 June 2015. The reply did not indicate that the Commonwealth was taking any action in response to the Commission’s findings and recommendations. I report accordingly to the Attorney General. Gillian Triggs President Australian Human Rights Commission October 2015
2015_AusHRC_99.docx