----Original Message-----(1) [mailto:webfeedback@humanrights.gov.au] |
Submitted on Tuesday, March 21, 2017 - 10:17pm Submitted by anonymous user: 122.129.151.56 Submitted values are: ==Part A - Your details (the complainant)== Are you making this complaint on behalf of someone else (the aggrieved person)? No Do you have a legal representative or advocate? No ==Part B - Who is the complaint about?== ABN of organisation (if relevant): Do you want to add another respondent? No ==Part C - What are you complaining about?== I am complaining because I believe: (Please select at least one reason below): My human rights have been breached by a Commonwealth government agency When did the alleged event(s) happen? See https://ozrefugee.info For full details see Larnie with whom I discussed this with on Monday 20 March 2017 Reason(s) for delay: Politics and I suspect lack of resources What happened? See https:/ozrefugee.info [3] Please check this box if you intend to email the Commission supporting information.: ==Part D - Other information== In the High Court of Australia Have you complained about this to another organisation? No Were you referred to us by another organisation? No The results of this submission may be viewed at: https://.humanrights.gov.au [1] mailto:me@warrenbolton.com *********************************************************************** If you have received this email in error, we apologise for any inconvenience and request that you notify the sender immediately and delete all copies of this email, together with any attachments. |
From: Info Service (2) [mailto:InfoService@humanrights.gov.au] |
Dear Warren I refer to your recent contact about the Australian Government. The Australian Human Rights Commission has the power to investigate and conciliate complaints about: However, the Commission's complaint handling power does not cover law or acts done in direct compliance of the law. As your concerns appear to relate to the Migration Act 1958 (Cth) itself, it does not appear this Commission can provide you the assistance you are seeking. If you have not done so, you can raise these concerns with your local Federal Member of Parliament, as Parliament is the only ones that can change law. We appreciate you taking the time to raise these concerns to our attention however. Should you have any further queries, please respond by return email or call the National Information Service on 1300 656 419. Regards, Rebecca Gieng |
From: Warren Bolton (3) [mailto:me@warrenbolton.com] |
Thank you Rebecca for taking the time to respond to the complaint I lodged with the Commission. Firstly let me apologise that my complaint to the Commission was not compiled articulately enough in order for you to determine that the fundamental focus was not the Migration Act 1958 BUT the actions of the Australian government in contravening the provisions of Australian law regarding legislating for the treatment of refugees. I take note of your advice below that the Commission complaint handling scope is limited to “….investigate and conciliate complaints about discrimination “ and that the commission’s “….complaint handling power does not cover law or acts done in direct compliance of the law.” - Although I’m not too sure that any organisation has any power regarding an acts done in “direct compliance” with a law. The advice you have tended is interesting and certainly does not mesh with the Vision statement on your website, which proclaims Human rights: everyone, everywhere, everyday In light of your advice this section is probably in need of review to reflect that advice, Perhaps to;- Human rights: some people, somewhere, some days? Nor does your advice accord with some components of your Mission statement, particularly- keeping government accountable to national and international human rights standards; I see that under section 7 of your constituting Act the Commission does have power to institute action in Australian law courts. This is further reinforced by Section 13 Section 26 also empowers the Commission to commence punitive action in a law court for a breach of relevant legislation. So in essence your advice to me as to the powers of Commission appears clumsy or incomplete and thereby misleading. It may well be that the Commission has no thirst for adopting the substance of my complaint or perhaps it lack resources or maybe even, has a defined strategic policy position on this matter but irrespective of these alternatives I invite you to demonstrate to me the error of my view that it is within the authority and power of the Commission to undertake the action submitted in my complaint and necessary to address what appears upon my cursory investigation, to be a perversion of the law of Australia in relation to refugees. Regards Warren Bolton |
From: Info Service (4) [mailto:InfoService@humanrights.gov.au] |
Dear Warren I refer to your further email. The Commission has various roles, including the handling of complaints and the examination of enactments. The latter is done by through our Legal Section however, not the complaints section. Please let me know if you want me to refer your query to the Legal Section. Regards, Rebecca Gieng |
From: Warren Bolton (5) |
Re Referral to Legal Section Of course, please refer, that is why I have brought this to your attention Warren Bolton |
From: John Howell (6) mailto:john.howell@humanrights.gov.au] |
Dear Mr Bolton, I refer to the completed on-line complaint form you submitted to the Commission on 21 March 2017, the document titled ‘OZ Refugee’ downloaded from the link ‘http://ozrefugee.info’ which you refer to in that complaint form as containing the substance of your complaint, and your correspondence with Ms Gieng of the National Information Service including your email to her dated 23 March 2017. I have reviewed the documents you have sent us carefully. As Ms Gieng has informed you, the documents you have submitted do not complain that a discretionary act or practice of the Commonwealth was inconsistent with or contrary to any human right. They therefore do not appear to contain a complaint that falls within the Commission’s human rights complaint handling function. The kinds of complaint that the Commission may inquire into are defined by the Australian Human Rights Commission Act 1986 (Cth) (AHRC Act). Your submission in the OZ Refugee document appears to be that certain aspects of the Migration Act 1958 (Cth) are not consistent with Australia’s obligations under the Refugees Convention (including the 1967 Protocol). You have asked the Commission to commence proceedings in the High Court challenging the validity of these parts of the Migration Act. The Commission’s functions are contained in section 11 of the AHRC Act. The powers of the Commission, including those you have referred to in your email to Ms Gieng, are to be exercised in the fulfilment of the Commission’s functions. That is clear on the face of s 13 AHRC Act which you have referred to in your email. The Commission does have a function, where it considers it appropriate and with the leave of the court, to intervene in court proceedings involving human rights issues (see s 11(1)(o) AHRC Act). Commencing proceedings to challenge the validity of legislation does not fall within that function. As you observe, the Commission (like other statutory bodies) is given legal personality, in the Commission’s case under s 7 of the AHRC Act. The Commission may therefore sue and be sued. That does not alter the functions of the Commission. You have also referred to s 26 of the AHRC Act. That provision creates certain offences, it does not confer functions or powers on the Commission. Proceedings for any breach of s 26 would be commenced by Commonwealth prosecutorial authorities, rather than the Commission. I do appreciate your concern with these issues. The Commission has undertaken extensive work in relation to the human rights of refugees and the operation of the Migration Act. Much of that work is available on the Commission’s website, for instance at the following links: Thank you for your correspondence. Kind regards, John Howell Legal Section |
From: Warren Bolton (7) [mailto:me@warrenbolton.com] |
Thank you John for your response and explanation Do you have a suggestion as to a referral to a more appropriate source to pursue this issue? Also in passing I observe, as set out in my submission, the commission's website makes the statement that seeking asylum is 'not unlawful' but according to Australian legislation the status in so doing is 'unlawful' under Australian law. I think this is an issue that needs to be addressed by the Commission as it does generate genuine confusion within the community, on this matter. Thank you once again for your time in responding to my enquiry Warren Bolton |
From: John Howell (8) [mailto:john.howell@humanrights.gov.au] |
Dear Warren, Thanks for your email. I am not aware of many organisations that commence public interest litigation. One that does is the Public Interest Advocacy Centre in Sydney. Individual asylum seekers also challenge the validity of parts of the Migration Act that affect them from time to time. If your main concern is to see changes to the Migration Act, you could also consider contacting your local member, or the responsible Minister, to explain your concerns. Kind regards, John Howell |
From: Mary Kolzlovski (9) [mailto:placement3@piac.asn.au] |
Dear Mr Bolton, PIAC is a community legal centre (CLC) based in Sydney. As a CLC, PIAC has limited resources and provides legal advice and representation to members of the community in specific areas of the law. As the concerns you raise in your submission to the AHRC relate to the Federal Government's immigration policies and their compliance with international human rights standards, it may be appropriate, as the AHRC suggested, that you contact your federal Member of Parliament to raise these issues with them. |
From: Warren Bolton (10) [mailto:me@warrenbolton.com] |
Thanks Mary for taking the time to consider my submission and reply. As you could well imagine I consulted with my 'Local Member' before I commenced my current process. My local member has no issue with way legislation declared asylum seeking as "unlawful". Do you have any suggestion as to whom I may approach next? My regards |
From: Mary Kolzlovski (11) [mailto:placement3@piac.asn.au] |
Dear Mr Bolton, As you may be aware, Australia has few mechanisms in place that allow individuals to challenge the legality of government legislation and policies under international human rights law. However, the Senate's Parliamentary Joint Committee on Human Rights frequently conducts reviews of legislation for human rights compliance. You may wish to approach Senators from your State who sit on the Committee and agitate for them to conduct a review of the parts of the Migration Act that concern you. http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights/Committee_Membership [link] We hope this is of assistance. Kind regards, |
From: Warren Bolton (12) [mailto:me@warrenbolton.com] |
I would appreciate if you could place this matter {link to this page} before the Parliamentary Joint Committee on Human Rights Kindest regards Warren Bolton |
From: Warren Bolton (13) [mailto:me@warrenbolton.com] |
Thank you Mary for your referral. May I make the observation in passing though that I am not optimistic about seeking a remedy to this situation in the political arena. [I have been waiting seven months now for a reply from Senator Brandis and I have no confidence at all in approaching Senator Hanson on this matter] I am sure you would be aware enough to know that the matter of refugees and asylum seeking in Australia is one in which a sizeable portion of the general community has a particular phobia about. Politics being politics both major political parties reflect this phobia in their policies and the way they deal with this matter. The reason I inserted the Mabo case in my submission was because I believe that this (the HIGH Court) was the only way to have this issue properly considered. Certainly NOT in the political arena. Left up to the politicians of Australia, reflecting the phobias or prejudice of a significant portion of our communities, indigenous common law rights would never have been supported by Parliament. Thank you again however for the time you have taken and the assistance you have rendered. I have today lodged with the Parliamentary Joint Committee on Human Rights a request to consider my submission Warren Bolton |
From: Warren Bolton [mailto:me@warrenbolton.com] |
I would appreciate if you could place this matter (http://ozrefugee.info/) before the Parliamentary Joint Committee on Human Rights |
From: Menzies, Eloise (SEN) [mailto:Eloise.Menzies@aph.gov.au] On Behalf Of Committee, Human Rights (SEN) |
Dear Mr Bolton I write to confirm that your correspondence has been received by the Parliamentary Joint Committee on Human Rights secretariat. It is expected that your correspondence will be considered by the committee at its next meeting, which is likely to be held in the week 12 – 16 June. I hope this information is helpful. With thanks, Eloise Menzies | Senior Research Officer |
From: Menzies, Eloise (SEN) [mailto:Eloise.Menzies@aph.gov.au] On Behalf Of Committee, Human Rights (SEN) |
Dear Mr Bolton Thank you for your email to the Parliamentary Joint Committee on Human Rights. The Parliamentary Joint Committee on Human Rights (the committee) has specific functions to examine legislation that comes before the Parliament of Australia for compatibility with human rights as defined in the Human Rights (Parliamentary Scrutiny) Act 2011. It also has the function to inquire into any matter relating to human rights which is referred to it by the Attorney-General, and report to both Houses of Parliament on that matter. However, the committee does not have a mandate to examine individual or international human rights matters. The committee considered your correspondence in its meeting of 13 June 2017. In relation to your request, the committee has previously commented on proposed legislation relating to asylum seekers and the Convention Relating to the Status of Refugees in a number of its reports which are available here. For example, please see the committee’s comments on the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014 in its Thirteenth report of the 44th Parliament and Thirty-sixth report of the 44th Parliament. The committee has most recently commented on proposed legislation relating to asylum seekers in its Report 4 of 2017. Information on the committee’s analytical framework and approach to human rights scrutiny of legislation is included at the beginning of each Human rights scrutiny report published by the committee, under the heading ‘committee information’.
The most recent report of the committee is available here: http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights/Scrutiny_reports Further information on the committee's functions can be found on the Parliamentary Joint Committee on Human Rights webpage at:
Please do not hesitate to contact the committee secretariat should you have any further questions or concerns. With thanks, Eloise Menzies | Senior Research Officer |
From: Warren Bolton [mailto:me@warrenbolton.com] |
Thank you Eloise, for your advice. Without any necessity for further research, given that your advice is that the committee has considered the content of my submission not just on 13 June this year but previously back as far as 2004, I can take it that no solution to this problem can be forthcoming from this avenue. Can you confirm that my appraisal is accurate? Warren Bolton |
From: Warren Bolton [mailto:me@warrenbolton.com] |
Eloise To date I have not received that email Warren Bolton |
| From: Committee, Human Rights (SEN) [mailto:Human.rights@aph.gov.au] Sent: Wednesday, 26 July 2017 3:32 PM To: 'Warren Bolton' Cc: Committee, Human Rights (SEN) Subject: RE: National Laws and International Treaty Obligations- Human Rights |
Dear Warren, As discussed by telephone, I confirm that the committee is unable to assist with your request at this time. As noted below, the committee has examined proposed legislation on a number of occasions relating to refugees and asylum seekers, against Australia’s obligations under seven core human rights conventions and in accordance with its mandate under the Human Rights (Parliamentary Scrutiny) Act 2011. This is a technical assessment and does not assess the broader policy merits of legislation. A key purpose of the committee’s reports are to inform the deliberations of parliament. Where the committee’s report identifies that particular measures are incompatible with human rights this does not prevent the proposed legislation being passed by parliament nor does it otherwise directly affect the validity of the legislation as a matter of domestic law. We hope this assists. Kind regards, Zoe Zoe Hutchinson | Principal Research Officer |
From: Warren Bolton [mailto:me@warrenbolton.com] |
Hi Zoe Now you have me confused by your advice that ‘the committee is unable to assist with my request’ I was under the understanding, supported by material on the Attorney-General. Web site, that the Committee’s function was to review legislation and provide advice to the House in relation to that legislation pertaining to certain characteristics, one of which was in relation to’ international human rights’ "treaties which Australia has ratified". My understanding, again supported by material on the Attorney-General, was that the committee’s 'scrutiny' function also was not constrained to proposed legislation but all existing legislation i.e. “Acts”. My request to the committee was that they review a specific piece of legislation and provide advice to the government on that specific piece of legislation - in terms of there charter. But now you are telling me that they are “unable” to perform this task. I note in your advice to me that the committee has done this task on a number of occasions (and I’m assuming that means “in the past” in relation to Australia’s treaty obligations relevant to refugee and asylum seekers under human rights conventions, - so you can see why I am confused as to why they are now “unable” to perform that task. Warren Bolton |
From Warren Bolton [mailto:me@warrenbolton.com] |
Can you please tell me under your legislation (Human Rights (Parliamentary Scrutiny) Act 2011) does the Committee have the power to scrutinize existing legislation for it possible conflict with the rights and freedoms recognised in the seven core international human rights treaties which Australia has ratified. Thanks Warren Bolton |
From: Human Rights (AGD) [mailto:humanrights@ag.gov.au] |
UNCLASSIFIED Thank you for your email of 27 July 2017 to the Attorney-General’s Department concerning the Parliamentary Joint Committee on Human Rights. In accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, the Parliamentary Joint Committee on Human Rights may examine existing legislation for compatibility with the rights and freedoms recognised in the seven core international human rights treaties which Australia has ratified. For further information, you may wish to contact the Parliamentary Joint Committee on Human Rights directly. Their contact details are below: Parliamentary Joint Committee on Human Rights Kind regards, Laura |
From: Committee, Human Rights (SEN) [mailto:Human.rights@aph.gov.au]
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Dear Mr Bolton, Please find attached correspondence from the chair of the Parliamentary Joint Committee on Human Rights in response to your recent inquiries. Kind regards, David Hopkins | Legislative Research Officer |
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Hi David Further to our discussion today, I would like to request a copy of the Minutes of the meetings at which the Committee considered my submission on the conflict between existing terms in the Migration Act and Australia’s legal obligation as signatory to the International refugee convention and protocol and the serious consequences that this caused in shaping the general public’s opinion about the rights of refugees. Thanking you
Warren Bolton |
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Dear Warren, Thank you for your phone call last week. Minutes for the Senate Committees are, as I think you know, private, which explains why the secretariat hasn’t agreed to releasing them to you. I was advised by the Senate Procedure Office that you may want to consider asking the secretariat to ask the committee if it would agree to releasing the minutes relevant to your particular inquiry. My understanding is that this would by no means assure the minutes would be released. You can access more information about the committee at this link. http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights Kind regards Ben Ross | Electorate Officer |
From: Warren Bolton [mailto:me@warrenbolton.com]
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Thanks Ben for responding I have already however made an application to David Hopkins - Legislative Research Officer on Wed 23/08/2017 @ 6:28 PM in this regard and I am currently waiting on his advice. What I didn’t know though at the time we were talking last week was that Nick is actually a member of that committee which reviewed my submission - so I would be really interested to know from him as to why the committee has decided not to take any action in relation to what is a considerably serious situation existing in relation to this matter. Regards Warren Bolton |
From: Committee, Human Rights (SEN) [mailto:Human.rights@aph.gov.au]
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Dear Mr Bolton, Please find attached correspondence from the secretary of the Parliamentary Joint Committee on Human Rights in response to your recent inquiry. Kind regards, David Hopkins | Legislative Research Officer www.aph.gov.au/senate |
Lodged On Line Has the UNHCR prepared a report in relation to the Conduct of the Australian Government over the last decade, in relation to the obligations adopted by Australia as a signatory to the 1951 Convention Relating to the Status of Refugees and 1967 Protocol Relating to the Status |
Acknowlwdgement of Reciept From: Australia for UNHCR <no-reply@unrefugees.org.au> Thank you for your message. We will respond to you as soon as we can. |