Australian Human Rights Commission Information for LOIPR - Australia, 27 June 2016 • There is an absence of the normal safeguards, which would apply under Australia’s statutory refugee status determination processes including access to merits review. • There is not typically access to legal advice. 70. The Commission notes that the screening process creates a risk that asylum seekers who have legitimate needs for protection, may be returned to situations where they could be in danger of being torture or subjected to other forms of cruel, inhuman or degrading treatment. 71. The Commission remains concerned about the changes introduced by the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 and the Migration Amendment (Protection and Other Measures) Act 2015, which similarly heighten the risk that some asylum seekers will be wrongly denied refugee status and removed from Australia. 72. The Commission is also concerned that most asylum seekers currently in Australia no longer have access to free government-funded legal advice to assist them in presenting their asylum claims. 73. Issues for consideration in the LOIPR: 9.2 • Information on the measures taken under Operation Sovereign Borders to ensure non-refoulement. • Information on how the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 and the Migration Amendment (Protection and Other Measures) Act 2015 ensure non-refoulement. • Information on the provision of government-funded legal services for asylum seekers. Mandatory immigration detention, including of children Concluding Observations, para 16 Relevant provisions of the CAT: Articles 1, 2, 4, 10, 11 and 16 74. Under the Migration Act 1958 (the Migration Act), indefinite immigration detention remains mandatory for all unlawful non-citizens.57 People who are detained cannot seek judicial review of whether or not their detention is necessary. There are no minimum standards for conditions of detention codified in Australian law. 75. There have been a number of positive developments relating to immigration detention in recent years: • The overall number of people in detention has reduced from 2,757 in December 2014 to 1,679 in March 2016.58 14