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’) 39

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