Australian Human Rights Commission Information for LOI – Australia, 29 August 2016 their capacity to recover from past trauma and resulted in poorer settlement outcomes as compared to permanent Protection Visa holders.108 115. Temporary visa arrangements for refugees who arrive in Australia without valid visas were reintroduced in 2014. Under the current arrangements, temporary visa holders face additional barriers to securing permanent residency, with the result that many are likely to face prolonged periods of uncertainty. The Commission is concerned that refugees who hold these visas will experience negative mental health and settlement outcomes, as was the case under previous arrangements. 116. Temporary visa holders do not have access to the same services and entitlements as permanent visa holders. They are not eligible for a range of settlement services and face barriers to accessing tertiary education. In addition, they are not permitted to sponsor family members for resettlement in Australia and as a result face the prospect of prolonged and potentially permanent separation from relatives. Permanent visa holders who arrived in Australia as asylum seekers and/or by boat also face restrictions on family reunion opportunities.109 117. The Commission is concerned that refugees affected by these restrictions are likely to face significant challenges in maintaining an adequate standard of living and achieving positive mental health and settlement outcomes. 118. Issue for consideration in the LOI: Restrictions on access to services and entitlements that are based on a person’s mode of arrival in Australia. 12 Trafficking Concluding Observation para 23; ICESCR Article 10 119. The Commission commends the Australian Government for criminalising trafficking and slavery offences, including forced labour and forced marriage and for developing a National Action Plan to Combat Human Trafficking and Slavery 2015-2019. The National Action Plan adopts a human rights-based approach, includes measures to standardise data collection on human trafficking and slavery, and includes measures to raise community awareness among vulnerable groups.110 The Commission also welcomes: • the reforms to the Human Trafficking Visa Framework (2015)111 • the production of culturally appropriate, rights based materials for affected people and communities and authorities on the human trafficking and forced marriage offences • Australia’s International Strategy to Combat Human Trafficking and Slavery (2016) • the appointment of Australia’s Ambassador for People Smuggling and Human Trafficking. 21

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