39. Aspects of Australia’s current regime of third country processing in Nauru, for asylum seekers who arrive by sea, raise serious concerns under international human rights law.84 The Commission is concerned that refugees and asylum seekers in regional processing countries are receiving inadequate physical or mental health care. The Commission considers the repeal of ‘Medevac legislation’,85 which established a framework for transferring refugees and asylum seekers from regional processing countries to Australia for medical treatment, is retrogressive in ensuring the highest attainable standard of physical and mental health.86 40. The Commission is concerned about human rights protections for refugees and asylum seekers in the ‘Legacy Caseload’87—including insufficient support to ensure an adequate standard of living,88 and restrictions on family reunion that result in family separation and can create a risk of constructive refoulement.89 Asylum seekers arriving by boat may only apply for temporary protection visas, resulting in discrimination due to mode of arrival.90 41. Temporary visa holders do not have access to the same services and entitlements as permanent visa holders.91 They are not eligible for a range of settlement services and face barriers to accessing tertiary education. The Migrant Workers Centre’s Lives in Limbo report found a clear link between workplace exploitation and temporary visa status, with 91% of workers who experienced wage theft arriving on a visa with no pathway to permanent residency.92 In addition, temporary visa holders are not permitted to sponsor family members for resettlement in Australia and as a result, face the prospect of prolonged and potentially permanent separation from relatives. Permanent visa holders who arrived in Australia as asylum seekers and/or by boat also face restrictions on family reunion opportunities.93 42. The Commission is concerned about possible refoulement, arbitrary, prolonged and/or indefinite detention and separation from family resulting from decisions to cancel visas of noncitizens, including permanent residents, under s501 and s116 of the Migration Act 1958 (Cth).94 • • • • • Information on the use of mandatory and prolonged detention in light of the impacts that long-term indefinite detention has on the mental health of those detained; and timelines for the processing of asylum claims and their impact on the mental health of asylum seekers. The availability of regular judicial oversight of detention and the minimum standards for conditions of detention. Information on third country processing of asylum claims in Nauru and processes to ensure that the human rights of people subject to third country processing are adequately protected, including the right to health. Information on support provided to asylum seekers living in the Australian community and restrictions on access to services and entitlements that are based on a person’s mode of arrival in Australia. Information on the availability of family reunion visas for refugees, asylum seekers and migrants. People from culturally and linguistically diverse backgrounds 43. Racial discrimination is present in Australian society, particularly for Aboriginal and Torres Strait Islander peoples.95 The Commission is concerned about the increase in severe Islamophobic attacks,96 far-right extremism,97 increased racism experienced by people of Asian background during the COVID-19 pandemic98 and cyber racism. The Commission is currently conducting national consultations on the introduction of a national anti-racism framework to coordinate efforts to address racism - for consideration by the government.99 8