Australia's Universal Periodic Review 2014 Progress Report

82.1Migrants, refugees and asylum seekers

83ACHRA remains deeply concerned about Australia’s treatment of refugees and asylum seekers. The Australian Government accepted recommendations in the UPR process to limit the detention of asylum seekers to cases where it is strictly necessary,⁶⁹ and for the shortest time reasonably necessary.⁷⁰ ACHRA is concerned that the Australian Government continues to implement a policy of mandatory indefinite detention, under which broad categories of people are detained without individualised assessment or judicial review of the need for their detention. Large numbers of people are held in immigration detention within Australia and in offshore processing centres in Nauru and Manus Island, Papua New Guinea. As at 31 October 2014, 3084 people were held in immigration detention in Australia, with a further 2151 held in offshore processing centres.⁷¹

84The majority of those detained are held in closed detention centres where they have no freedom of movement. The absence of a limit on the length of time a person can be detained under the Migration Act 1958 (Cth) coupled with significant delays in the processing of claims has resulted in larger numbers of people being subject to prolonged detention. ACHRA is extremely concerned that over the last year the average period of detention has increased to 426 days as at 31 October 2014,⁷² compared to an average period of detention of 139 days at 31 October 2013.⁷³

85Prolonged detention has detrimental impacts on mental health. ACHRA notes that despite the Australian Government’s efforts to improve mental health support services, there have been numerous reports of self-harm incidents and attempted suicide amongst detained asylum seekers including children.⁷⁴ ACHRA urges the Australian Government to continue to increase the use of community arrangements as an alternative to detention in closed facilities.

86ACHRA is disappointed by the lack of policy progress in relation to refugees who have received adverse security assessments and their children. Refugees subject to adverse security orders must remain in closed immigration detention facilities, unless a third country agrees to their resettlement. As this commonly does not occur, they face indefinite detention.

87At present, there are approximately 40 refugees with adverse security assessments in immigration detention. Many have been in detention for over five years. ACHRA urges the Australian Government to consider alternatives to closed immigration detention for these people. Alternatives may include community detention or a bridging visa, if necessary with strict conditions to mitigate any identified risks an individual may pose. For example, conditions might include a requirement to reside at a specified location, curfews, travel restrictions, regular reporting and possibly even electronic monitoring. ACHRA welcomes the government’s announcement that the Independent Reviewer for Adverse Security Assessments will continue in her role for a further two years. Continuation of this appointment is critical to ensuring security assessment transparency.

88ACHRA holds serious concerns for those who arrive to Australia by boat and are transferred to Nauru and Papua New Guinea for processing as a result. A number of Australia’s international human rights obligations are potentially undermined by third country processing arrangements. ACHRA considers that existing arrangements do not contain adequate safeguards to protect asylum seekers from the risk of refoulement or arbitrary detention. ACHRA is particularly alarmed by the Australian Government’s failure to exclude LGBTI asylum seekers from eligibility for transfer to Papua New Guinea, where homosexual activity is a criminal offence. ACHRA is concerned that asylum seekers transferred to Nauru and Papua New Guinea are subject to mandatory and indefinite detention in conditions that are reported to be harsh and well below international standards.⁷⁵

89ACHRA welcomed the Australian Government’s decision to release children under the age of 10 who arrived prior to 19 July 2013 (and their families) from closed detention.⁷⁶ However, ACHRA is disappointed that the Government continues to pursue a policy of the mandatory detention of children who do not fall within this group, in contravention of Australia’s commitment under the CRC to detain children only as a measure of last resort. ACHRA holds grave concerns for the 167 children held in conditions inappropriate for children at Nauru as at 31 October 2014.⁷⁷ During 2014, the Commission conducted a National Inquiry into Children in Immigration Detention to examine the impact of closed immigration detention on the health, well-being and development of children. The Inquiry report has been transmitted to the Australian Government and it is expected it will be tabled in the near future.

90As noted above at paragraph 10, the Australian Government has introduced several bills to amend the Migration Act 1958 (Cth).⁷⁸ ACHRA is gravely concerned that changes proposed by the legislation are inconsistent with Australia’s obligations under several international human rights instruments, in particular Australia’s obligation of non-refoulement.

91The Australian Government accepted a number of recommendations to strengthen measures aimed at combatting racial discrimination against people from culturally and linguistically diverse backgrounds.⁷⁹ ACHRA welcomed the government’s decision not to proceed with proposed amendments to the Racial Discrimination Act 1975 (Cth) that would weaken existing legal protections against racial vilification and intimidation. ACHRA applauds the Australian Government for their continued support of the National Anti-Racism Partnership Strategy. The national anti-racism campaign central to the strategy, Racism. It Stops with Me, now has more than 320 organisational supporters.

92In 2012, an independent inquiry was conducted into the responsiveness of Australian Government services to the needs of Australians from culturally and linguistically diverse backgrounds.⁸⁰ In March 2013, the Australian Government expressed support for all of the inquiry’s recommendations aimed at improving the response of government services to the needs of people from culturally and linguistically diverse backgrounds.⁸¹ ACHRA encourages the Australian Government to take action on the recommendations.