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.
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