Australian Human Rights Commission Submission to UN Committee Against Torture, 17 October 2014 for over six months, and ongoing poor mental health in people now living in the community. There are particular concerns about the long-lasting impact of detention on the mental health of children. 158. Since 2011 steps have been taken by the Department to strengthen the mental health services and response across the immigration detention network. The Ombudsman noted in particular the efforts to strengthen the Psychological Support Program and the new Programs and Activities Framework, as well as other reforms to the Department’s systems. However, as many medical professionals have indicated, often it is the detention environment itself which causes mental health concerns. Accordingly, it is the removal of people from immigration detention facilities which, in many cases, will prevent the deterioration of mental health. Community detention and bridging visas 159. Since October 2010 the Australian Government has moved increasing numbers of asylum seekers and refugees from closed immigration detention into the community, pending resolution of their claims for protection. This has been achieved through the use of community detention and bridging visas. 160. This approach builds on measures introduced by previous Australian governments, in particular the introduction of the community detention mechanism in 2005. At this time the Migration Act was amended to give the Minister the power to make a ‘residence determination’ in respect of a person in immigration detention, which allows that person to live in a specified residence in the community. A person in this position is said to be in ‘community detention’. 161. The Minister also has the discretion to grant a bridging visa to a person in immigration detention when it is in the public interest to do so. 162. The Commission welcomes the increased use of community arrangements which brings the Australian Government’s treatment of asylum seekers and refugees closer into alignment with its international human rights obligations. 163. On 21 November 2012 the Minister announced that some asylum seekers who had arrived by boat since 13 August 2012 and remained in Australia would be given bridging visas and permitted to live in the community while their claims for protection were assessed. The Minister stated that those asylum seekers would not be permitted to work, and would receive ‘only basic accommodation assistance, and limited financial support’. 164. The Commission strongly supports the use of bridging visas as an alternative to detention. However, the Commission is concerned about the consequences of prohibiting asylum seekers from working. 165. Australia has an obligation under article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR)116 to ensure, as a minimum, ‘the right of access to employment, especially for disadvantaged and marginalised individuals and groups’.117 Australia may be in breach of this 41