1997 Human Rights Commission

1997 Human Rights Commission

Norfolk Island’s Immigration Act and human rights

Norfolk Island is situated some 1,600 kilometres north-east of Sydney. A former penal colony administered first from Sydney and later from Van Diemen=s Land (Tasmania), it became home to the descendants of the Bounty mutineers when Pitcairn Island to the north-east had to be abandoned. The resident population now numbers almost 1,800 and the Island caters for some 35,000 tourists annually, each staying an average seven nights.

Norfolk Island is a territory of Australia administered by the Commonwealth and granted a significant measure of self-government in 1979. The Island assembly and government have powers far beyond those of the Australian states. They control not only what falls within state jurisdiction but also social security, taxation and immigration and settlement subject to limited oversight by the Commonwealth.

The Islands immigration regime is distinct from that applicable throughout the remainder of the Commonwealth. The Commonwealths Migration Act 1958 has no application on Norfolk Island.

Instead immigration, including immigration by Australian citizens from other parts of Australia, is regulated by the Norfolk Island Immigration Act 1980.

In 1996 and 1997 the Human Rights and Equal Opportunity Commission (the Commission) received four complaints regarding the operation of the Immigration Act 1980 (NI). The main allegations raised in these complaints were that

· the terms and application of the Immigration Act 1980 and associated regulations and policies constitute a practice which is inconsistent with the rights of Australian citizens to freedom of movement and to choose their place of residence within the Commonwealth of Australia

· the operation of the policy relating to the issue of entry permits restricts the rights of people residing on Norfolk Island to sell their businesses and homes to whomever they choose the operation of the policy relating to the issue of entry permits discriminates against would-be residents of Norfolk Island on the basis of factors such as their age, employment status, medical condition and previous criminal record.

The Commission decided to conduct a general inquiry into the Immigration Act 1980 (NI) and the complaints were deferred pending its finalisation.

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https://humanrights.gov.au/sites/default/files/document/publication/norfolk_island.pdf