Migrants Migrants coming to Australia encounter a multiplicity of challenges not only in the costly, lengthy, and burdensome process of entering Australia, 10 but also in the protection and promotion of their human rights following entry. A lack of access to supports and services can leave the immediate and long-term needs of migrants unmet, affecting all aspects of their lives and causing detriment to their ‘sense of belonging, social inclusion and citizenship’.11 For example, the Commission heard about experiences faced by migrants who are required to undertake English language testing to have their qualifications recognised. Not only are these tests expensive, typically costing hundreds of dollars,12 but because they also expire, an individual may have to sit the test multiple times before being granted citizenship. The thresholds for English language proficiency are also stringent and are often much higher than is required to effectively perform in a profession. Participants in the scoping process for a national anti-racism framework also raised how requirements for citizenship applications incorporated practices that lack consideration of the contexts of the country from which applicants were migrating and raise distressing challenges for them. There are thousands of individuals who have passed the citizenship test, with no criminal record or offence, and yet cannot prove their identity in accordance with the specific requirements set by the Department. — submission from the Settlement Council of Australia, NARF project, May 2021 – April 2022 People from refugee and asylum-seeking backgrounds People from refugee and asylum-seeking backgrounds experience firsthand the intersection of discrimination based on multiple aspects of their identity. By definition, refugees face persecution and violence on the basis of their identity or membership of a social group, including because of their race, nationality, LGBTQIA+ identity, or faith. Experiencing racism and discrimination here in Australia can be re-traumatising and have measurably negative health impacts.13 Due to experiences of conflict, torture and displacement, people from refugee backgrounds are also more likely to have a disability than other populations. The challenges of establishing identity for those from refugee backgrounds were highlighted to the Commission in consultations with communities and their representatives, as well as in submissions. These challenges include months or years long delays in administrative processes, as well as adversarial and often traumatising interviews that quiz individuals on minute personal details.14 New requirements to provide identity documents from birth can lead to application refusal for refugees who are fleeing persecution and consequently may not have access to such documents, or who have been ordered to destroy them by people smugglers. 15 National Anti-Racism Framework Scoping Report 2022 | 63

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