Australian Human Rights Commission Submission to the UN Committee on Economic, Social and Cultural Rights, 8 May 2017 number of refugees who previously had been detained indefinitely due to their having received an adverse security assessment. 64. The Commission is concerned, however, that other recent developments, such as an increase in long-term detention, an increase in the number of people detained due to visa cancellation, and a small number of refugees who continue to be indefinitely detained due to adverse security assessments,44 may lead to breaches of Australia’s obligations under Article 12 of the ICESCR. 65. Recommendation: That the Australian Government end the use of mandatory and prolonged detention of asylum seekers, especially children, and ensure that any detention is time limited, strictly necessary (such as for the purpose of public health and security checks) and subject to individualised decision making and judicial oversight. 10.2 Asylum seekers living in the community (ICESCR articles 11(1) & 12(1), LOI 9) 66. The Commission welcomes the increased use of community-based alternatives to detention for asylum seekers and the reintroduction of work rights for asylum seekers living in the Australian community. 67. However, the Commission is concerned that the support available to asylum seekers living in the community is insufficient to ensure an adequate standard of living. Limited access to English language tuition and key services such as employment support hamper their ability to secure adequate housing and employment and to establish themselves in the community.45 68. Since 2012, there have been prolonged delays in the processing of asylum claims. Many people seeking asylum who arrived during 2012 and 2013 still have not had their claims processed.46 The Australian Red Cross and UNHCR both identified uncertainty relating to the processing of claims as a key factor contributing to poor mental health outcomes.47 69. Recommendation: That the Australian Government develop timelines for the processing of asylum claims and provide increased funding and targeted support to asylum seekers living in the Australian community. 10.3 Third country processing of asylum claims (ICESCR Articles 2(2), 11(1) & 12(1); LOI 9) 70. The Commission is concerned that several aspects of current third country processing arrangements, such as shortcomings in living conditions, 48 engage Australia’s obligations under the ICESCR. 71. The combination of delays in the processing of asylum claims, difficult living conditions, concerns about physical safety, and uncertainty about the future has reportedly had a profoundly negative impact on the mental health outcomes of people subject to third country processing.49 12