may be justifiable under international law, provided that the risks cannot be managed in a less restrictive way, and that detention is necessary, reasonable and proportionate in the individual’s circumstances. 46. The Commission has also long recommended that the Australian Government introduce legislation to ensure that the necessity for continued immigration detention is periodically assessed by a court or tribunal up to a maximum time limit.49 Independent oversight of the necessity of closed detention, and the introduction of an overall time limit on closed detention, would help to reduce the likelihood of closed detention becoming so lengthy as to breach human rights. 4.3 Offshore processing 47. The Commission notes that the Australian Government has obligations under the Refugee Convention to people who arrive in its territory seeking asylum. Those obligations remain, even if Australia transfers people to a third country for their claims to be processed. 48. Whether Australia exercises ‘effective control’ in relation to asylum seekers and refugees subject to regional processing arrangements has been considered in detail by two Parliamentary Committees and was considered by the Commission in a report concerning a complaint against the Commonwealth of Australia under the Australian Human Rights Commission Act 1986 (Cth).50 In each instance, the evidence and degree of involvement demonstrated that Australia could be viewed as exercising ‘effective control’. 49. The Commission considers that transferring asylum seekers to third countries does not release Australia from its obligations under international human rights law. Australia must ensure adequate safeguards are in place in those countries to ensure that the human rights of the people transferred are upheld. 50. The Commission welcomes the cessation the offshore processing arrangements for asylum seekers on Papua New Guinea at the end of 2021.51 However, the Commission continues to hold serious concerns that that those asylum seekers remaining in Papua New Guinea may be subjected to arbitrary detention and inadequate living conditions. At the time when offshore processing arrangements for asylum seekers on Papua New Guinea ceased, there were 74 refugees remaining in Papua New Guinea.52 12