Australian Human Rights Commission Submission to the UN Committee On The Elimination Of Racial Discrimination, 30 October 2017 146. Asylum seekers who arrive with valid visas and are subsequently found to be refugees are granted permanent visas. Those who arrive without valid visas are granted temporary visas, which last for three to five years and provide limited access to support services and entitlements. 147. Refugees on temporary visas are permitted to work; are eligible for Medicare, limited social security benefits and free primary and secondary education; and can receive free English language tuition. However, they have limited access to tertiary education; are not eligible to receive settlement services; are not permitted to sponsor relatives (including immediate family members) to join them in Australia; and cannot travel overseas without losing their visa unless there are ‘compassionate or compelling circumstances’ to justify their travel and they have received written approval. Recommendation 35: That the Australian Government revise policies that discriminate against refugees and asylum seekers on the basis of their mode of arrival. Visa refusals and cancellations on character grounds 148. Under s 501 of the Migration Act, the Minister for Immigration or their delegate can refuse or cancel a visa on the basis that the person does not pass the ‘character test’. Legislation passed in 2014 significantly broadened the scope of s 501, resulting in an increase in visa refusals and cancellations on character grounds. 149. The Commission has previously raised concerns that decisions to refuse or cancel visas on character grounds under s 501 may lead to breaches of Australia’s international human rights obligations.182 Recommendation 36: That the Australian Government put in place transparent decision-making and external review processes to ensure the exercise of discretionary power in s 501 of the Migration Act complies with international human rights law (including CERD). 7 Police practices (CERD article 5) 150. The Commission is concerned about allegations of systemic racially-discriminatory policing practices and allegations of profiling, excessive force and harassment. The Commission notes the Flemington & Kensington Community Legal Centre’s Police Accountability Project, which focuses on police accountability law and strategies and undertakes independent investigations of police misconduct.183 151. The Special Rapporteur on the rights of indigenous peoples has noted several instances of police profiling of Indigenous peoples. She has recommended that efforts be made to recruit Aboriginal and Torres Strait Islander prison staff and that police and prison staff be trained in cultural sensitivity. 184 29