Signed Copy Of Ministerial Submission - MS23-001606 - Ministerial Response Letter To The President Of The Australian Human Rights Commission ​

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The Department of Home Affairs submitted a ministerial response to the Australian Human Rights Commission (AHRC) President regarding complaints made under section 47F(1) of the Migration Act 1958. The AHRC's preliminary view found that an individual's continued detention in closed facilities was arbitrary and breached Article 9 of the International Covenant on Civil and Political Rights, as it could not be justified as reasonable, necessary, and proportionate given available alternatives. The submission examined ministerial decisions by former Ministers Coleman (October 2019) and Hawke (November 2021, February 2022) regarding whether to exercise discretionary powers under section 195A of the Migration Act to grant a visa. The Department prepared a response to the AHRC's preliminary views for the Minister's consideration and signature.