Australian Human Rights Commission Submission to UN Committee Against Torture, 17 October 2014 periods in detention during which no processing was taking place. • There are numerous reports highlighting the poor conditions in the regional processing centres, and the impacts on the physical and mental health of detainees. In particular, claims have emerged of repeated incidents of selfharm and attempted suicide on both Nauru and Manus Island, as well as claims of rape and ill-treatment on Manus Island • There is inadequate monitoring of the regional processing facilities Recent proposed amendments to the Migration Act ▪ Complementary protection The Government has proposed repealing Australia’s complementary protection framework, with the Migration Amendment (Regaining Control Over Australia’s Protection Obligations) Bill 2013 (Cth) currently before the Parliament. The Commission has raised concerns that the repeal of the statutory complementary protection framework may result in breaches of Australia’s non-refoulement obligations under article 3 of the Convention. ▪ S 501 visa cancellations On 25 September 2014, the Government introduced the Migration Amendment (Character and General Visa Cancellation) Bill 2014 (Cth) that proposes to strengthen powers to refuse an application for a visa or cancel a visa on character grounds. The Commission has expressed concern that, as a result of Australia’s mandatory immigration detention regime, the cancellation or refusal of visas under s 501 will, for persons found to engage Australia’s non-refoulement obligations, result in those persons facing the prospect of indefinite detention (unless they meet the requirements for a protection visa or there is a third country where they can be resettled in which they do not have a real risk of persecution or significant harm). Indefinite detention raises serious health and human rights concerns for affected persons. ▪ Migration and Maritime Powers Legislation (Resolving the Asylum Legacy Caseload) Bill 2014 (Cth) On 24 September 2014 the Government introduced the Migration and Maritime Powers Legislation (Resolving the Asylum Legacy Caseload) Bill 2014 (Cth). The Commission holds concerns about several of the changes proposed by the Bill. The Bill has been referred to the PJCHR for report on 27 November 2014. The Commission is currently analysing the Bill and will be in a position to provide further information to the CAT Committee at the time of Australia’s appearance in early November. Preliminary concerns expressed by the Commission are that the Bill: 34