NSWCCL has made a submission in relation to the Inquiry into the Migration and Security Legislation
Amendment (Review of Security Assessments) Bill 2012.
NSWCCL respectfully submits that:
- The Bill should clearly provide that detention of citizens and non-citizens alike should not be permissible solely on the basis of being issued an adverse security assessment.
- A statement of reasons for an adverse security assessment is rendered ineffective without an acceptable avenue for appeal and an explicit minimum degree of content.
- Merits review by way of expansion of the jurisdiction of the Administrative Appeals Tribunal is strongly preferable to the Independent Reviewer scheme.
- The Special Advocate model as proposed in this Bill requires expansion in order to facilitate procedural fairness.
- NSWCCL supports the provisions in the Bill for regular review of assessments on a prescribed basis, in order to ensure Australia complies with international human rights obligations.
- A notable decrease in ASIO’s disclosure reflects a lack of transparency and accountability, both of which are required from an organisation acting in the interest of national security. The Bill should mandate a minimum level of ASIO reporting.