Australian Human Rights Commission Submission to the UN Human Rights Committee, 18 September 2017 some asylum seekers to consider returning to their country of origin, even if they have a well-founded fear of persecution.97 86. The Commission has ongoing concerns regarding the quality of refugee status determination under third country arrangements.98 The Commission is also aware of several cases in which same-sex attracted people have been sent to Nauru and Papua New Guinea, despite the fact that both countries criminalised same-sex sexual activity at the time.99 Recommendation 32: That the Australian Government ensure that the human rights of people subject to third country processing are adequately protected. (b) Mandatory immigration detention 87. Under the Migration Act 1958 (Cth) (the Migration Act), immigration detention remains mandatory for all unlawful non-citizens.100 Australian courts do not have jurisdiction to remove a person from detention on the basis that their detention is arbitrary, and there is no legislative time limit on detention. 88. Numerous studies have documented high rates of mental health problems among people in immigration detention in Australia,101 with the negative impacts tending to worsen as detention becomes more prolonged.102 89. Positive developments relating to immigration detention since 2009 include: the release of almost all children from closed facilities into alternative community arrangements;103 the closure of several detention facilities;104 increased use of community alternatives to detention; commitment to ratification of OPCAT; and the release of a number of refugees who previously had been detained indefinitely due to having received an adverse security assessment. 90. However, the Commission is concerned about an increase in long-term detention, an increase in the number of people detained due to visa cancellation, and a small number of refugees who continue to be indefinitely detained due to adverse security assessments.105 Recommendation 33: That the Australian Government continue to expand the use of alternatives to closed detention and, where immigration detention is necessary, ensure that it is time limited, strictly necessary (such as for the purpose of public health and security checks) and subject to individualised decision-making and judicial oversight. (c) Refoulement 91. Since December 2013, boats carrying asylum seekers which seek to enter Australia have been intercepted and returned to their point of departure. In some cases, people have been returned directly to their countries of origin after undergoing a screening process at sea. 92. The Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) introduced a number of changes to 20