(e)
Temporary protection arrangements
311. Legislative amendments in 2014290 mean that asylum seekers who arrive in
Australia without valid visas and are subsequently granted refugee status
are no longer eligible for permanent residency. Instead, they are granted a
temporary visa for 3–5 years, during which their refugee claims are
reassessed. Refugees on temporary visas do not have access to the same
support services and entitlements as refugees on permanent visas, and
are not eligible to sponsor relatives overseas to join them in Australia.
312. The Commission has found that granting temporary protection to children
was more likely to compound mental health problems than facilitate their
rehabilitation and integration into Australian society. It results in breaches
of those children’s rights to mental health, maximum possible
development and recovery from past torture and trauma, and of
Australia’s obligations to address the best interests of the child as a
primary consideration.291
Recommendation 44: The Australian Government reinstates access to
permanent Protection Visas for all asylum seekers in Australia who are
determined to be in need of protection.
(f)
Support for asylum seekers on Bridging Visas
313. Asylum seekers living in the Australian community on Bridging Visas who
are facing financial hardship may be eligible to receive a living allowance
under the Status Resolution Support Services (SRSS) program.
314. From mid-2018, people with work rights attached to their Bridging Visa will
no longer be eligible to receive the SRSS living allowance, unless they face
barriers to employment.292 Being unable to find a job is not considered a
‘barrier’ to employment for the purposes of SRSS eligibility. 293
315. The Commission is concerned that this change may result in a number of
asylum seekers (including families with children) becoming ineligible for
the living allowance, even if they have no alternative source of income and
limited prospects of securing employment.
(g)
Visa cancellations on character grounds
316. Under s 501 of the Migration Act, a non-citizen of Australia may have an
application for a visa refused or have their visa cancelled if they do not
pass the ‘character test’.294 In recent years, there has been an increase in
the number of visa refusals and cancellations under these provisions.295
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