Last Updated 9 January 2003.
Click here to return to the Submission IndexSubmission to the National Inquiry into Children in Immigration Detention from
the Refugee Review Tribunal
Dr Sev Ozdowski OAM
Human Rights Commissioner
Acting Disability Discrimination Commissioner
HREOC
GPO Box 5218
SYDNEY NSW 1042Dear Dr Ozdowski
Thank you for your letter received on 2 January 2002 in which you enclose a copy of the terms of reference of the Commission's National Inquiry into Children in Immigration Detention.
The Tribunal welcomes the opportunity to assist the Commission in its inquiry. By way of background to its initial investigations I have taken the opportunity below to briefly outline how the Tribunal addresses the situation of children who are either primary applicants for review or are members of a family unit seeking review before it. I would be happy to provide further information as the Commission's investigations proceed.
Role of Tribunal
The Tribunal reviews decisions made by delegates of the Minister for Immigration and Multicultural and Indigenous Affairs to refuse or cancel protection visas. A criterion for the grant of a protection visa is that the applicant is a person to whom Australia owes protection obligations under the Convention Relating to the Status of Refugees.
Applicants for review
The Tribunal receives applications from persons in immigration detention and from persons in the community.
Applications from persons in immigration detention may include:
- unaccompanied minors in detention
- minors in detention as part of a family group
- minors not in detention but included in a detainee's application (for example, where the first applicant such as the father of a family is in detention but the dependents such as the wife and children remain in the community)
All applications involving persons in detention are streamed for priority processing. On receipt of an application showing the applicant's location as a detention centre, the Tribunal's case management system electronic record which is created for each new application is immediately flagged. The hard copy file cover is also given a marking to draw attention to the fact that it is a priority case. If there are children in detention an additional cover marking is placed on it.
The DIMIA file is immediately requested. When the Department's file is available, a list of detention cases ready to be allocated to Tribunal Members is made available to the Deputy Principal Member (or Senior Member in the Tribunal's Melbourne office), with the result that each detention case is allocated to a Member for consideration within a few working days.
Consideration by Member
The Member's consideration of the case should be completed within a target time of 70 days (a shorter time scale than for applicants in the community). If the Tribunal becomes aware that an applicant (child or adult) is placed in detention part way through review processing, the priority flags are then placed on the case and the Member is advised that the case is now for priority processing.
The Procedural Guide for Members which is produced in the Tribunal for Members' guidance contains a chapter which provides advice on the consideration of cases involving minors as applicants, drawing on the UNHCR Handbook. The need to be sensitive to the minor's age, level of education and torture/trauma suffered is emphasised. I have attached a copy of that chapter from the current edition of the Guide for your information.
Contact with children in detention
There are no specific written procedures regarding contacting children in detention. Contact is undertaken with detainees as follows:
Correspondence is sent to minors included in a parent's application, by corresponding direct with the main parent applicant, asking that the main applicant inform each included person (listed by name on the letter) and where necessary, reply to the Tribunal for them. Permission to communicate with included persons through the main applicant is obtained on the review application form.
For unaccompanied minors in detention (as for other applicants), correspondence is sent to their adviser/authorised recipient and to them at their mailing address. The number of applications from unaccompanied minors in detention is quite small, and the Tribunal has not experienced any difficulties in communicating with them. The Registry experience is that not all unaccompanied minors have a guardian stated in their review application. The Tribunal does not normally contact guardians.
Training of Members
Training is provided to Tribunal Members in relation to torture and trauma victims by STARTTS (Service for the Treatment and Rehabilitation of Torture and Trauma Survivors) and in relation to cross-cultural sensitivities, both including reference, as appropriate to minors. In March 2002, as part of its regular Member training program STARTTS will be providing a session for Members during which it has been asked to specifically address torture and trauma issues as they affect children.
The Tribunal would be happy to respond to any specific queries about its procedures or provide further information as your inquiry progresses. I enclose a copy of our latest Annual Report for your information. Please contact me if I can be of further assistance.
Yours faithfully
Steve Karas
Principal Member
Refugee Review Tribunal21 January 2002
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