Australian Human Rights Commission Submission to the UN Committee On The Elimination Of Racial Discrimination, 30 October 2017 Migrant settlement outcomes (CERD article 5; CO 24) 141. Attitudes within the existing population towards immigration continue to be broadly positive.174 However, racial discrimination still occurs and can have a significant negative impact on settlement outcomes. Experiences of racial vilification can undermine a sense of belonging to the community, alienate victims from society and feed a sense of disillusion and disempowerment.175 142. While many humanitarian migrants have significant ‘background disadvantages’ that impede a completely smooth settlement journey (such as a low level of English proficiency, disrupted education and experiences of torture or trauma), these migrants are reported to have high levels of English uptake and engagement in study and work upon settling in Australia.176 Integration is a generational process, and while humanitarian migrants’ disadvantages mean they may struggle with unemployment and workforce participation initially, labour force engagement rates converge towards those of Australia-born people over time, as residence in Australia continues.177 143. The Commission notes the Joint Standing Committee inquiry into migrant settlement outcomes,178 and the recommendations it has made in its submission to that inquiry.179 Recommendation 33: That the Australian Government maintain a migration policy and program that does not discriminate against visa applicants on the basis of their race, colour, descent, religion or national or ethnic origin. Recommendation 34: That the Australian Government continue to fund and support initiatives to address racism and racial discrimination as a complementary measure to settlement services. Refugees and asylum seekers 144. Australia maintains a range of policies which discriminate against refugees and asylum seekers on the basis of their mode of arrival in Australia (specifically, whether they arrived by boat and whether they held a valid visa on arrival).180 The main countries of origin for asylum seekers arriving by boat are Iran, Sri Lanka, Afghanistan, Pakistan, Iraq, Vietnam and Bangladesh.181 A significant number of these asylum seekers have refugee claims based on their race, ethnicity or religion. These include stateless Kurds from Iran and Iraq, Tamils from Sri Lanka, Hazaras from Afghanistan and Pakistan, and stateless Rohingya from Burma. 145. Asylum seekers who arrived in Australia by boat after August 2012 may be subject to third country processing in Nauru or Manus Island, Papua New Guinea. Those permitted to remain in Australia are subject to a ‘fast track’ assessment process, which does not provide for full merits review of negative decisions. Most asylum seekers who arrive without valid visas are not eligible for government-funded legal advice to assist them in preparing their claims. 28

Select target paragraph3