Sri Lankan refugees v Commonwealth of Australia (Department of Immigration & Citizenship)

Former President of the Australian Human Rights Commission, Ms Catherine Branson QC, has found that 10 Sri Lankan refugees with adverse security assessments from ASIO were arbitrarily detained in closed immigration detention facilities.

The conduct has also affected three Sri Lankan children who have been granted protection visas but are residing in immigration detention with their parents.

“It appears that no comprehensive and individualised assessment has been undertaken in respect of each complainant to assess whether they pose any risk to the Australian community and whether any such risk could be addressed (for example by the imposition of particular conditions) without their being required to remain in an immigration detention facility” Ms Branson said.
Ms Branson did not express any view as to what the outcome of any such consideration in each particular case would be.

For more information about the case: click here