Australian Human Rights Commission Report title October 2022 51. Australia continues to support regional processing arrangements in Nauru. As at 30 June 2022, there were 112 transitory persons in Nauru, with 83 of these individuals being recognised as refugees.53 The Commission continues to hold serious concerns that third country processing arrangements could see Australia in breach of its international human rights obligations, including the potential for breach of Australia’s non-refoulement obligations. 52. The Commission also notes with concern that there is still no independent monitoring body for third country processing arrangements. In relation to cross-border detention arrangements, the UN SPT has advised that the ‘sending State should ensure that such an agreement provides for its national preventive mechanism to have the legal and practical capacity to visit those detainees in accordance with the provisions of the Optional Protocol and the Subcommittee guidelines on national preventive mechanisms’.54 4.4 COVID-19 and immigration detention 53. The outbreak of the COVID-19 pandemic introduced new challenges for the management of Australia’s immigration detention facilities, and significant risks to health and wellbeing, especially of people detained in these facilities. 54. The use of controlled movement policies increased because of COVID-19. Movement out of accommodation compounds occurred for meals, medical appointments, interviews, or visits. This restricted people to their compounds most of the time, except in limited circumstances, with the objective of preventing a COVID-19 outbreak. 55. One of the measures used to prevent the entry, and control the spread, of COVID-19 into and within immigration detention facilities is to separate some detainees from the general population by way of quarantine. The buildings used for quarantine inside immigration detention tend to be harsh and prison like, with no or very limited access to outdoor areas. 56. While acknowledging that some restrictions may need to be imposed to protect the health and safety of detainees and staff, the Commission emphasises that measures that restrict individual’s basic rights – such as freedom of movement – must remain reasonable, necessary and proportionate to addressing COVID-19 risks. 57. Further controls on the movement of people in detention results in a significantly more restrictive environment. This also increases the 13