Case 16: Access to public school education for asylum seekers

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The ACT Human Rights Act protects the right to education. The Human Rights and Discrimination Commissioner raised concerns with the ACT Education and Training Directorate about its policies to charge certain international students on various visa subclasses to attend ACT public schools. International students affected by these policies included children and young people granted refugee status, and those seeking asylum while living in Canberra. The various circumstances of these students were relevant to the reasonableness and proportionality of the Directorate’s policies under human rights and discrimination law. The Commissioner worked with the Directorate over two years to develop new policies and procedures that better met the Directorate’s human rights and discrimination law obligations including policies confirming that ACT public education is free for asylum seekers.

Source: ACT Human Rights Commission Annual Report 2013-14, p. 39.