The Palmer Inquiry was an inquiry led by former Australian Federal Police commissioner Michael John "Mick" Palmer into the unlawful detention of Cornelia Rau, an Australian citizen, suspected of being an illegal immigrant. The report was issued on 6 July 2005 at the request of and to the Minister of Immigration and Multicultural and Indigenous Affairs, Amanda Vanstone. [1]
The inquiry also initially looked at the "Vivian Alverez Matter", an incident with some similarities, which was taken up and completed by the Commonwealth Ombudsman, Neil Comrie. [2]
Cornelia Rau, a lawful citizen, was found to have spent 10 months in immigration detention despite being registered as a "missing patient". [3] This was closely followed by another similar issue, that of Vivian Alverez Solon, who was deported to the Philippines, despite being a lawful citizen, and despite also being registered as a missing person by her family. [4]
The incidents received a lot of press and public outrage at the time, with both incidents concerning mental health patients not properly being identified as citizens of Australia. There was a fear that these incidents were not isolated and could happen again. Criticism of the inquiries at inception were that they were of a non-judicial nature, were closed and had limited terms of reference. [5]
The inquiry identified a number of shortcomings in the process of arrest and detention, and made a number of recommendations. The Department of Immigration and Multicultural and Indigenous Affairs accepted most of the recommendations [6] though it is not clear if all of them have been implemented.
The absence of known similar incidents since indicates that the report, recommendations, and consequential implementation may have been successful.
Amanda Eloise Vanstone is an Australian former politician and a former Ambassador to Italy. She was a Liberal Senator for South Australia from 1984 to 2007, and held several ministerial portfolios in the Howard Government. After her resignation from the Senate in 2007, she served as the Australian Ambassador to Italy until July 2010. Her time as Minister for Immigration was marked by controversies within the Department of Immigration and Multicultural and Indigenous Affairs.
The Department of Immigration and Border Protection (DIBP) was a department of the Government of Australia that was responsible for immigration, citizenship and border control. It has now been subsumed into the Department of Home Affairs, which combines its responsibilities with a number of other portfolios.
Human rights in Australia have largely been developed under Australian Parliamentary democracy through laws in specific contexts and safeguarded by such institutions as an independent judiciary and High Court which implement the Common Law, the Australian Constitution and various other laws of Australia and its states and territories. Australia also has an independent statutory human rights body, the Australian Human Rights Commission, which investigates and conciliates complaints, and more generally promotes human rights through education, discussion and reporting.
Cornelia Rau is a German citizen and Australian permanent resident who was unlawfully detained for a period of ten months in 2004 and 2005 as part of the Australian Government's mandatory detention program.
Baxter Immigration Reception and Processing Centre or commonly just Baxter Detention Centre, was an Australian immigration detention facility near the town of Port Augusta in South Australia. It was the focus of much of the controversy concerning the mandatory detention of asylum seekers in Australia.
The following lists events that happened during 2005 in Australia.
Vivian Alvarez Solon is an Australian who was unlawfully removed to the Philippines by the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) in July 2001. In May 2005, it became public knowledge that she had been deported, although DIMIA knew of its mistake in 2003. Solon's family had listed her as a missing person since July 2003, and until May 2005, did not know that she had been deported. The circumstances surrounding Solon's unlawful deportation have caused much controversy in the Australian media.
The Department of Immigration and Multicultural Affairs and Indigenous Affairs was an Australian government department that existed between November 2001 and January 2006.
Robert Jovicic was a long-time resident of Australia who was deported to the Federal Republic of Yugoslavia, where he became destitute in 2005.
Murray Neil Comrie AO, APM, known as Neil Comrie, is a former Australian police officer. He was Chief Commissioner of Victoria Police from 1993 to 2001.
Stefan Nystrom was a long-time resident of Australia who was deported to Sweden in 2006. He won a landmark decision at the United Nations in 2011, establishing that non-citizens may also have the right to enter a country.
George Newhouse is an Australian human rights lawyer and a former local councillor. He is the principal solicitor of the National Justice Project, a human rights and social justice legal service, and currently an Adjunct Professor of Law at Macquarie University.
Mohamed Haneef is an Indian born doctor who was falsely accused of aiding terrorists, and left Australia upon cancellation of his visa amid great political controversy.
Media portrayals of Indigenous Australians fall into a range of categories, which academics and commentators have described as often negative or stereotyped. In issues which concern them, Indigenous voices are continually drowned out by non-Indigenous voices, which present them as "problems" for the rest of society. Most stories are directed at white audiences, and anything which concerns welfare, or land rights especially, is tinged with a clear sense of conflict between "us" and "them." Indigenous people are often portrayed positively in documentaries and advertisements, almost as tourist attractions, yet when they interact with contemporary society they are seen as threatening. Many reviews of mass media have found that the race of criminal offenders is mentioned more often when the offenders are Aboriginal. The mainstream media is still seen as influential in shaping public opinion, and the Australian media continues to pander to racist stereotypes.
The Australian government has a policy and practice of detaining in immigration detention facilities non-citizens not holding a valid visa, suspected of visa violations, illegal entry or unauthorised arrival, and those subject to deportation and removal in immigration detention until a decision is made by the immigration authorities to grant a visa and release them into the community, or to repatriate them to their country of origin/passport. Persons in immigration detention may at any time opt to voluntarily leave Australia for their country of origin, or they may be deported or given a bridging or temporary visa.
The Rudd Government (2007–2010) was the former government of Australia formed by the Australian Labor Party and led by former Prime Minister Kevin Rudd. The Rudd Government commenced on 3 December 2007, when Rudd was sworn in along with his ministry. This took place just nine days after the defeat of the Howard Government, which was a Coalition of members of the Liberal and National parties, at the 2007 federal election. The Rudd Government concluded on 24 June 2010 when Rudd, under pressure from an impending leadership caucus ballot, stepped down from the leadership of the Australian Labor Party and was succeeded by his deputy, Julia Gillard. Rudd was re-elected leader of the Labor Party in 2013 and served a second term as prime minister.
Punishment in Australia arises when an individual has been convicted of breaking the law through the Australian criminal justice system. Australia uses prisons, as well as community corrections. The death penalty has been abolished, and corporal punishment is no longer used. Prison labour occurs in Australia, prisoners are involved in many types of work with some paid as little as $0.82 per hour. Before the colonisation of Australia by Europeans, Indigenous Australians had their own traditional punishments, some of which are still practised.
The Australian Catholic Bishops’ Conference (ACBC) is the national episcopal conference of the Catholic bishops of Australia and is the instrumentality used by the Australian Catholic bishops to act nationally and address issues of national significance. Formation of the ACBC was approved by the Holy See on 21 June 1966. With around 5.4 million Catholics in Australia, the ACBC is an influential national body.
Behrooz v Secretary of the Department of Immigration and Multicultural and Indigenous Affairs, is a decision of the High Court of Australia regarding the detention of asylum seekers in Australia. A 6-1 majority of the Court held that even if the conditions of immigration detention are harsh, such conditions do not render the detention unlawful.
Michael John "Mick" Palmer, is a retired Australian police officer and lawyer who was the Commissioner of the Australian Federal Police.