Australian Human Rights Commission
Information for LOI – Australia, 29 August 2016
their capacity to recover from past trauma and resulted in poorer settlement
outcomes as compared to permanent Protection Visa holders.108
115.
Temporary visa arrangements for refugees who arrive in Australia without
valid visas were reintroduced in 2014. Under the current arrangements,
temporary visa holders face additional barriers to securing permanent
residency, with the result that many are likely to face prolonged periods of
uncertainty. The Commission is concerned that refugees who hold these visas
will experience negative mental health and settlement outcomes, as was the
case under previous arrangements.
116.
Temporary visa holders do not have access to the same services and
entitlements as permanent visa holders. They are not eligible for a range of
settlement services and face barriers to accessing tertiary education. In
addition, they 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.109
117.
The Commission is concerned that refugees affected by these restrictions are
likely to face significant challenges in maintaining an adequate standard of
living and achieving positive mental health and settlement outcomes.
118.
Issue for consideration in the LOI: Restrictions on access to services
and entitlements that are based on a person’s mode of arrival in
Australia.
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Trafficking
Concluding Observation para 23; ICESCR Article 10
119.
The Commission commends the Australian Government for criminalising
trafficking and slavery offences, including forced labour and forced marriage
and for developing a National Action Plan to Combat Human Trafficking and
Slavery 2015-2019. The National Action Plan adopts a human rights-based
approach, includes measures to standardise data collection on human
trafficking and slavery, and includes measures to raise community awareness
among vulnerable groups.110 The Commission also welcomes:
•
the reforms to the Human Trafficking Visa Framework (2015)111
•
the production of culturally appropriate, rights based materials for
affected people and communities and authorities on the human
trafficking and forced marriage offences
•
Australia’s International Strategy to Combat Human Trafficking and
Slavery (2016)
•
the appointment of Australia’s Ambassador for People Smuggling and
Human Trafficking.
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