Asylum seeker and refugee children
•
The Australian Government should amend the Migration Act 1958 (Cth) to
prohibit placing children in closed immigration detention and use alternative
community-based measures.
•
The Australian Government should include in its immigration detention
statistics all children residing in closed immigration detention facilities and
alternative places of detention.
•
The Australian Government should review current care, protection and
support arrangements for children seeking asylum.
•
The Australian Government should resettle all children and their families
previously held on Nauru and removed to Australia for medical reasons, as a
matter of urgency.
•
The Australian Government should ensure that no child is sent to offshore
detention for processing. Children should be able to reside in communitybased accommodation and have their human rights respected while their
claims for protection are being processed.
•
The Australian Government should introduce legislation to amend the
Immigration (Guardianship of Children) Act 1946 (Cth) to create an independent
guardian role so that the Minister for the Department of Home Affairs is no
longer the legal guardian of unaccompanied children seeking asylum.
•
The Australian Government should implement the recommendations
included in the Australian Human Rights Commission’s Lives on hold: Refugees
and asylum seekers in the ‘Legacy Caseload’ Report 2019, including by:
o granting permanent protection to all temporary protection visa
holders who are determined to be in ongoing need of protection
o expediting the processing of the legacy caseload visa applications,
including renewal of Bridging Visas
o establishing a dedicated support service for families and children in
the legacy caseload
o ensuring those facing financial hardship remain eligible for income
support under the Status Resolution Support Services program
(including those whose applications are deemed ‘finally determined’)
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