Migration Amendment (Removals and Other Measures) Bill 2024 - Australian Human Rights Commission

Recommendation 4 In the alternative to recommendation 3, the Commission recommends that the Bill be amended to insert a requirement after section 199D(5) that, prior to giving a removal pathway direction in relation to any child, the Minister must conduct an assessment of whether the direction is in the best interests of the child. [...] Recommendation 4 In the alternative to recommendation 3, the Commission recommends that the Bill be amended to insert a requirement after section 199D(5) that, prior to giving a removal pathway direction in relation to any child, the Minister must conduct an assessment of whether the direction is in the best interests of the child. [...] The Bill, as currently drafted, does not allow for the child the subject of the removal pathway direction to be heard by the Minister prior to issuing the direction. [...] The Court held that ‘the concept of proportionality goes to the heart of the inquiry as to whether punishment is cruel, inhuman or degrading’.42 Further: To attempt to justify any period of penal incarceration, let alone imprisonment for life as in the present case, without inquiring into the proportionality between the offence and the period of imprisonment, is to ignore, if not to deny, that whi. [...] Like the US, the UK Secretary of State must take into account other factors, such as: the length of time for which the government of the country has not been cooperating in relation to returns the extent of the lack of cooperation the reasons for the lack of cooperation such other matters as the Secretary of State considers appropriate.62 103.