Australian Human Rights Commission
Information for LOI – Australia, 29 August 2016
108.
The Commission welcomes the reintroduction of work rights for asylum
seekers living in the Australian community as an important step towards
ensuring their economic wellbeing. The Commission remains concerned,
however, that additional support is needed to ensure asylum seekers in the
community can enjoy an adequate standard of living and the highest
attainable standard of health.
109.
Issues for consideration in the LOI:
11.4
•
Support provided to asylum seekers living in the Australian
community in light of its impact on mental health and the
enjoyment of an adequate standard of living.
•
Timelines for the processing of asylum claims and their impact on
the mental health of asylum seekers.
Third country processing of asylum claims
Concluding Observation n/a; ICESCR Articles 2(2), 11(1) & 12(1)
110.
Third country processing of asylum claims was re-established by Australia in
Nauru and Papua New Guinea’s Manus Island in 2012. The Commission is
concerned that several aspects of current third country processing
arrangements engage Australia’s obligations under the ICESCR.
111.
The Commission welcomes the transition from indefinite detention to ‘open
centre’ arrangements for asylum seekers in both countries. However,
numerous reports and inquiries as well as the Commission’s own research
have repeatedly documented serious shortcomings in living conditions for
people subject to third country processing.105 Available evidence suggests that
there has been limited improvement in these conditions over time.106
112.
The combination of (until recently) prolonged indefinite detention, delays in the
processing of asylum claims, difficult living conditions, concerns about
physical safety, and uncertainty about the future has reportedly had a
profoundly negative impact on the mental health outcomes of people subject
to third country processing.107
113.
Issues for consideration in the LOI: The continuation of third country
processing of asylum claims in Nauru and Papua New Guinea and steps
being taken to ensure that the human rights of people subject to third
country processing are adequately protected.
11.5
Temporary protection and family reunion
Concluding Observation n/a; ICESCR Articles 2(2), 10(1), 11, 12 & 13
114.
Temporary protection arrangements for refugees who arrived in Australia
without valid visas were formerly in place between 1999 and 2007. During this
period, numerous studies found that the granting of protection to refugees on
a temporary basis had a detrimental impact on their mental health, hampered
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