317. The extent to which s 501 has been used to refuse or cancel the visas of
children is unclear. However, the Commission considers that there would
be few circumstances in which a decision to refuse or cancel a child’s visa
on character grounds would be compliant with the obligation to consider
the child’s best interests.296
318. Visa refusals and cancellations on character grounds may result in children
facing indefinite immigration detention, removal from Australia and/or
indefinite or permanent separation from family members (including
parents).
9.2
Sale, trafficking and abduction
(a)
Trafficking
319. The Commission welcomes a number of positive initiatives taken by the
Australian Government to combat human trafficking, including:
•
the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and
People Trafficking) Act 2012
•
the National Action Plan to Combat Human Trafficking and Slavery 2015–
2019
•
the funding of specialist NGOs to deliver education and awareness297
•
the introduction of the Modern Slavery Bill 2018, in an effort to address
modern slavery in global supply chains.298
320. The Australian Federal Police received 319 new referrals for investigation
of human trafficking offences in 2015–2017, 299 including 16 for child
trafficking. Twenty people have been convicted of trafficking since 2010,
only two of them for child trafficking.300 However, these figures relate to
criminal investigations only, and are likely to underestimate the
problem.301
321. There are obstacles that may prevent a victim, including children, from
making compensation claims and seeking reparations, including difficulties
obtaining legal advice about claiming compensation, a lack of visa options
to stay in Australia to pursue compensation claims, and limited legal
avenues to pursue compensation claims. Further, the existing
compensation mechanisms at the state and territory level are inconsistent
with the Commonwealth crimes of trafficking and slavery, so that victims
54