Australian Human Rights Commission Submission to UN Committee Against Torture, 17 October 2014 (iii) • The granting of protection to refugees on a temporary basis, and the resulting uncertainty about their future, had a detrimental impact upon the mental health of TPV holders in the past • The absence of a right to family reunion, combined with the effective ban on overseas travel, meant that some people faced prolonged and indefinite periods of separation from their families • By limiting the grant of TPVs to refugees, on the basis that they arrived by boat without authorisation, Australia may be discriminating against this group contrary to the ICCPR and the Refugee Convention. Limitation of review 210. The Bill proposes to limit the availability of review for unauthorised maritime arrivals who have applied for and been denied a protection visa. These applicants will be subject to a fast track assessment process by a new body, the Immigration Assessment Authority.132 They will no longer be entitled to merits review by the Refugee Review Tribunal. 211. The fast track process involves what is described as ‘limited merits review’ that will: a. prevent asylum seekers from raising relevant matters on review (other than in exceptional circumstances) if they were not raised with the initial decision maker; b. prevent asylum seekers from appearing in person before an independent reviewer to make submissions about their claims, at a time when they are more likely to have received legal advice. 212. (iv) The Bill will further limit the rights of review for those who have previously been refused protection, have protection elsewhere or have been considered to have unmeritorious claims. This cohort of applicants, to be known as ‘excluded fast track applicants’, will be excluded from any form of merits review.133 Maritime powers 213. The Bill proposes to amend the Maritime Powers Act 2013 (Cth). Among other things, this Act provides powers to enforce migration law by intercepting asylums seekers coming to Australia by boat, detaining them and taking them to a place outside Australia. 214. If passed, the amendments would provide that a person may be taken to a destination outside Australia whether or not Australia has an agreement or arrangement with any other country and irrespective of the international or domestic obligations of any other country. 215. The exercise of this power would not be invalid because of a failure to consider Australia’s international obligations, because of a defective consideration of those obligations, or because the exercise of the power is 48