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

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