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
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