Parliamentary Joint Committee on Human Rights - Report 5 of 2021

1 These are the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD); the Convention on the Elimination of Discrimination against Women (CEDAW); the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); the Convention on the Rights of the Child (CRC); and the Convention on the Rights of Persons with Disabilities (CRPD). [...] In particular, the bill provides that the terms should be appropriate for the welfare of the child or in the circumstances (for a party to a marriage), and reasonably necessary to ensure the personal protection of the protected person.36 The safety and welfare of the protected person must also be a primary consideration. [...] The statement of compatibility36 notes that the amendments are necessary because of the interpretation of section 33 Including the requirement that the best interests of the child be the primary consideration in all actions concerning children; the obligation to provide protection and humanitarian assistance to child refugees and asylum seekers; the requirement that detention is used only as a mea. [...] At [30], the court held that: 'Had the Minister properly understood the consequence of the refusal of the protection visa at the time he made the decision there is a possibility that he would have granted the protection visa in order to avoid the consequence that the applicant would be returned to Syria in contravention of Australia’s non-refoulement obligations in respect of the applicant'. [...] It states that to the extent that the assurance of support scheme limits the right to the protection of the family, and rights of parents and children, this is reasonable and proportionate to achieving the legitimate purpose of the scheme.12 1.69 However, the statement of compatibility does not explain how the measure is proportionate.