Australian Human Rights Commission Information for LOI – Australia, 29 August 2016 108. The Commission welcomes the reintroduction of work rights for asylum seekers living in the Australian community as an important step towards ensuring their economic wellbeing. The Commission remains concerned, however, that additional support is needed to ensure asylum seekers in the community can enjoy an adequate standard of living and the highest attainable standard of health. 109. Issues for consideration in the LOI: 11.4 • Support provided to asylum seekers living in the Australian community in light of its impact on mental health and the enjoyment of an adequate standard of living. • Timelines for the processing of asylum claims and their impact on the mental health of asylum seekers. Third country processing of asylum claims Concluding Observation n/a; ICESCR Articles 2(2), 11(1) & 12(1) 110. Third country processing of asylum claims was re-established by Australia in Nauru and Papua New Guinea’s Manus Island in 2012. The Commission is concerned that several aspects of current third country processing arrangements engage Australia’s obligations under the ICESCR. 111. The Commission welcomes the transition from indefinite detention to ‘open centre’ arrangements for asylum seekers in both countries. However, numerous reports and inquiries as well as the Commission’s own research have repeatedly documented serious shortcomings in living conditions for people subject to third country processing.105 Available evidence suggests that there has been limited improvement in these conditions over time.106 112. The combination of (until recently) prolonged indefinite detention, delays in the processing of asylum claims, difficult living conditions, concerns about physical safety, and uncertainty about the future has reportedly had a profoundly negative impact on the mental health outcomes of people subject to third country processing.107 113. Issues for consideration in the LOI: The continuation of third country processing of asylum claims in Nauru and Papua New Guinea and steps being taken to ensure that the human rights of people subject to third country processing are adequately protected. 11.5 Temporary protection and family reunion Concluding Observation n/a; ICESCR Articles 2(2), 10(1), 11, 12 & 13 114. Temporary protection arrangements for refugees who arrived in Australia without valid visas were formerly in place between 1999 and 2007. During this period, numerous studies found that the granting of protection to refugees on a temporary basis had a detrimental impact on their mental health, hampered 20

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