Australian Human Rights Commission
Submission to UN Committee Against Torture, 17 October 2014
obligation if it denies asylum seekers access to the labour market, especially if
this forces them into poverty.118
166.
As at 2 September 2013 it was reported that there were over 21,000 asylum
seekers living in the community on bridging visas that were prohibited from
working.
167.
Asylum seekers on bridging visas who experience financial hardship may be
eligible for limited financial assistance. Such assistance may be available for a
period of up to six weeks to help with the transition from immigration detention
to living in the community, or, if certain vulnerability criteria are met, for a
longer period.
168.
The Commission has raised concerns that the levels of financial assistance
available are inadequate to address basic needs. There is evidence that the
prohibition on asylum seekers supporting themselves through work has placed
a considerable strain on the resources of charitable and other community
organisations.
169.
There have already been considerable delays in the processing of asylum
seekers who arrived after 13 August 2012. From August 2012 until the end of
June 2013, asylum claims from this group were not processed. This led to a
reported backlog of over 25,000 claims to be processed.
170.
A consequence of this is that there are many asylum seekers who may
potentially be living on bridging visas without the right to work for years while
waiting for their claims to be processed.
Third country processing
171.
The Commission recognises the need for appropriate regional and
international cooperation on issues relating to asylum seekers, refugees and
the complex challenges associated with forced and mixed migration.
172.
International law does not prohibit third country processing of the claims of
asylum seekers. However, this does not mean that Australia can avoid its
international human rights obligations by transferring asylum seekers to third
countries.
173.
The Commission has repeatedly expressed concerns about how the current
approach to third country processing operates. In June 2013 the PJCHR,
having inquired into the regional processing legislation, concluded that the
‘measures as currently implemented carry a significant risk of being
incompatible with a range of human rights.’
(a)
174.
Non-refoulement
The Commission is concerned that the third country processing arrangements
may not protect asylum seekers from being removed to a country where they
face a real risk of significant harm.
42