Australian Human Rights Commission Submission to the UN Human Rights Committee, 18 September 2017 Australia’s onshore refugee status determination process, including the removal of almost all references to the Refugee Convention from the Migration Act and the introduction of a truncated merits review process. In addition, most asylum seekers currently in Australia no longer have access to free government-funded legal advice to assist them in presenting their asylum claims. 93. The Commission is concerned these measures may increase the risk of refoulement for some asylum seekers. Recommendation 34: That the Australian Government ensure that its refugee status determination process is consistent with international human rights law and discontinue any practices obstructing a full and proper status determination process (such as the current practice of intercepting and turning back boats carrying asylum seekers). Recommendation 35: That the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) be repealed. Recommendation 36: That the Australian Government reinstate access to free legal advice for asylum seekers who are disadvantaged, regardless of their mode of arrival. The Commission considers the issues raised in this section to be of such importance that the Committee should request an update from the Australian Government on progress in 12 months time. Visa refusals and cancellations on character grounds (ICCPR articles 2, 12 & 13) 94. Under section 501 of the Migration Act, the Minister for Immigration or their delegate can refuse or cancel a visa on the basis that the person does not pass the ‘character test’. Legislation passed in 2014 significantly broadened the scope of section 501, resulting in an increase in visa refusals and cancellations on character grounds. 95. The Commission has previously raised concerns that decisions to refuse or cancel visas on character grounds under section 501 may lead to breaches of Australia’s international human rights obligations, including:  the risk of refoulement if refugees subject to visa cancellation are subsequently deported;  mandatory detention of people whose visas are cancelled under section 501, at times for prolonged periods;  the deportation of long-term Australian residents who have little or no connection to their country of citizenship; and  the separation of families resulting from such deportations.106 21