Australian Human Rights Commission Australia and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), Shadow report to the CERD Committee – 8 July 2010 Recommendation 46: That the Australian Government implement the remaining recommendations of A last resort? in order to address ongoing concerns about the situation of children under Australia’s immigration detention system. 141 8.6 Detention and offshore processing on Christmas Island 158. The Commission has raised significant concerns about the mandatory detention of asylum seekers on Christmas Island, a remote territory of Australia in the Indian Ocean. As of 26 March 2010, there were 2068 people in immigration detention on Christmas Island, including 163 children. 142 The remote location and small size of the island limit detainees’ access to appropriate services and support networks, and the location makes their detention arrangements less visible and transparent to the Australian public. 159. The Commission has also raised concerns about the excision regime, under which asylum seekers who arrive in excised offshore places such as Christmas Island are barred from the refugee status determination system that applies under the Migration Act. 143 Instead, they go through a nonstatutory refugee status assessment process governed by policy guidelines. 160. The Commission’s concerns are set out in full in its 2009 report, Immigration detention and offshore processing on Christmas Island. 144 This report has been submitted to the Committee. Recommendation 47: That the Australian Government cease the practice of holding people in immigration detention on Christmas Island, and repeal the provisions of the Migration Act relating to excised offshore places. 145 8.7 The suspension of processing of some asylum claims 161. On 9 April 2010, the Australian Government announced that it was suspending processing of new refugee claims by asylum seekers from Sri Lanka and Afghanistan. 146 The suspension came into effect on the same day. It will impact any asylum seeker from Sri Lanka or Afghanistan who is intercepted at sea or who arrives in an excised offshore place (including Christmas Island) on or after that date, and any asylum seeker from Sri Lanka or Afghanistan who applies for refugee status on the Australian mainland on or after that date. 147 162. Asylum seekers from Sri Lanka or Afghanistan who arrive by boat on or after 9 April 2010 will be subjected to mandatory immigration detention for the duration of the suspension. The Australian Government has indicated that it will review the suspension in three months time in the case of asylum seekers from Sri Lanka, and in six months time in the case of asylum seekers from Afghanistan. However, there is no guarantee that the suspension will be lifted at those reviews. 163. The Commission has expressed serious concerns about the suspension decision. 148 In particular, the Commission is concerned that it could lead to 43