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Inquiry into Children in Immigration Detention found that prolonged
detention had a profoundly negative impact on the mental and emotional
health and development of children.
In early 2019, the Australian Government announced that all children sent
for offshore processing had been removed from Nauru, most of these on
a temporary basis to receive medical treatment in Australia.71 However,
the policy of offshore processing remains in place. Although international
law does not specifically prohibit offshore processing of asylum seekers, it
is difficult to see how Australia’s human rights obligations can be
reconciled with the effects of this policy.
Children and their families who have arrived by boat, allowed to remain in
Australia and found to be refugees are granted temporary protection
visas only. Granting temporary protection to children is more likely to
compound mental health problems rather than facilitate their
rehabilitation and integration into Australian society.72
The Minister for Home Affairs is the legal guardian of unaccompanied
children seeking asylum in Australia.73 However, given the Minister’s
multiple roles, the Australian Human Rights Commission considers it is
difficult for the Minister (or their delegate) to ensure that the best
interests of the child are a primary consideration when making decisions
concerning unaccompanied children.74
Mental health experts have reported that children in the ‘legacy caseload’
experience severe mental health symptoms as a result of stress and
trauma. Many children in the ‘legacy caseload’ face uncertainty and
prolonged or indefinite family separation.
Families and children on Bridging Visas may not be eligible for the Status
Resolution Support Service allowance in circumstances where they have
no other source of income or are unable to work.
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).
Asylum seeker and refugee children who have been involved in armed
conflict overseas should be identified on arrival and assisted in their
recovery.
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