Australian Human Rights Commission Information for LOI – Australia, 29 August 2016 102. There have been a number of positive developments relating to immigration since 2009. These include the release of all children from closed facilities into alternative community arrangements,97 the closure of a several detention facilities98 and the release of a number of refugees who had been detained indefinitely due to having received an adverse security assessment. 103. The Commission is concerned, however, that other recent developments may lead to breaches of Australia’s obligations under the ICESCR to ensure the highest attainable standard of physical and mental health. In particular, there has been a significant increase in long-term detention, and in the number of people detained due to having a visa refused or cancelled on character grounds. In addition, a small number of refugees continue to be indefinitely detained due to having received an adverse security assessment.99 104. Issues for consideration in the LOI: 11.3 • 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. • The availability of regular judicial oversight of detention and the minimum standards for conditions of detention. Asylum seekers living in the community Concluding Observation para 24; ICESCR articles 11(1) & 12(1) 105. The Commission welcomes the increased use of community-based alternatives to detention for asylum seekers. In order for these alternatives to support positive health and wellbeing outcomes, however, it is critical that asylum claims be processed in a timely fashion and that adequate support be provided to asylum seekers to ensure that fundamental rights are respected and basic needs are met. 106. The Commission is concerned that the support available to asylum seekers living in the community is insufficient to ensure an adequate standard of living. Studies by the Australian Red Cross and UNHCR have found that asylum seekers living in the community face destitution, social isolation and challenges in securing adequate housing and employment.100 Limited access to English language tuition and other key services (such as employment support services) also hamper their ability to establish themselves in the community.101 107. Since 2012, there have been prolonged delays in the processing of asylum claims. Many people seeking asylum who arrived during 2012 and 2013 still have not had their claims processed or even been invited to apply for protection.102 The Australian Red Cross and UNHCR both identified uncertainty relating to the processing of claims as a key factor contributing to poor mental health outcomes.103 Since the beginning of 2014, at least five asylum seekers have committed suicide while living in the community.104 19