June 2015

Senator the Hon. George Brandis QC
Parliament House
Canberra ACT 2600

Dear Attorney,

I have completed my report pursuant to s 11(1)(f)(ii) of the Australian Human Rights Commission Act 1986 (Cth) into the complaint made by Mr HG against the Commonwealth of Australia – Department of Immigration and Border Protection .

I have found that Mr HG’s detention at North West Point Immigration Detention Centre, Perth Immigration Detention Centre and Maribyrnong Immigration Detention Centre from 26 June 2010 until 21 May 2012 was arbitrary within the meaning of article 9(1) of the International Covenant on Civil and Political Rights (ICCPR).

In light of my findings, I recommend that the Commonwealth pay compensation and apologise to Mr HG.

By letter dated 15 May 2015 the Department provided a response to my findings and recommendations. I have outlined the Department’s response in part 7 of this report.

I enclose a copy of my report.

Yours sincerely,

Gillian Triggs
Australian Human Rights Commission