ABSTRACT
This chapter considers only the situation of persons whose asylum claims are rejected by Australia after consideration of protection visa applications made by them. It proposes that in close to all cases, these rejected asylum seekers are 'persons not in need of international protection'. The chapter deals with some of the human rights issues arising from the removal of rejected asylum seekers from Australia. Rejected community-based asylum seekers, who are either unwilling or unable to depart at their own expense, are subjected to the enforced departure process described in the Migration Act as 'removal'. According to the United Nations Human Rights Committee (UNHRC), to escape characterisation as 'arbitrary', detention must be permitted by domestic law and must also be a necessary and proportionate means of achieving a legitimate end. Detention of removees during that part of the removal process that takes place within Australian territory is permitted by Australian law.
