Australia

asylum seekers’ detention is arbitrary and contrary to their right to liberty if the State fails to demonstrate on an individual basis that their continuous indefinite detention is justified, and that other, less intrusive, measures could not achieve the same end of compliance with the State’s need to respond to security concerns. In addition, the HRC considers that the combination of the arbitrary character and indefinite nature of the authors’ protracted detention, the absence of procedural guarantees to challenge the detention and the difficult conditions of detention, cumulatively inflict serious psychological harm that amount to “cruel, inhuman or degrading treatment” under the ICCPR.

2 May 2016 | Judicial Body: UN Human Rights Committee (HRC) | Legal Instrument: 1966 International Covenant on Civil and Political Rights (ICCPR) | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Immigration Detention | Countries: Afghanistan - Australia - Iran, Islamic Republic of - Sri Lanka

5 May 2015 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Freedom from torture, inhuman and degrading treatment - Freedom of religion - Minority rights - Persecution based on political opinion - Religious discrimination - Religious persecution (including forced conversion) | Countries: Australia - Sri Lanka

13 April 2015 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Asylum-seekers - Freedom from torture, inhuman and degrading treatment - Minority rights - Well-founded fear of persecution | Countries: Australia - Sri Lanka

19 September 2013 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Freedom from torture, inhuman and degrading treatment - Religious persecution (including forced conversion) | Countries: Australia - Ghana

10 September 2013 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Complementary forms of protection - Credibility assessment - Freedom from torture, inhuman and degrading treatment - Housing, land and property rights (HLP) - Persecution based on political opinion - Persecution of family members | Countries: Australia - China

1 March 2013 | Judicial Body: Australia: Federal Magistrates Court | Countries: Australia - New Zealand

28 August 2012 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Freedom from torture, inhuman and degrading treatment - Hazara | Countries: Afghanistan - Australia

12 July 2011 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Opposition - Persecution based on political opinion - Post-traumatic stress disorder (PTSD) | Countries: Australia - Russian Federation

14 June 2011 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Arbitrary arrest and detention - Christian - Freedom from torture, inhuman and degrading treatment - Religious persecution (including forced conversion) | Countries: Australia - China

3 June 2011 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Arbitrary arrest and detention - Country of origin information (COI) - Effective protection - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Persecution based on political opinion - Post-traumatic stress disorder (PTSD) - State protection | Countries: Australia - Georgia