A/HRC/35/25/Add.3
49.
Moreover, many temporary migrant workers who live and work in Australia for
several years are barred from bringing their families to live with them. Families should
never be separated for immigration purposes for long periods. In particular, families of
vulnerable migrants should never be separated at all. Family reunification should be
available to all permanent residents, as well as to all temporary migrant workers who
effectively spend more than one year in Australia. Children should always benefit from the
most favourable immigration status offered to one or both of their parents, in order to
guarantee family unity. Moreover, children or family members with disabilities should not
be systematically considered as a health risk preventing the child or the family from settling
in Australia.
50.
Under the temporary protection visa or the safe haven enterprise visa, family reunion
is not possible, which results in indefinite separation of family members. The Special
Rapporteur heard of cases where people had voluntarily returned to their home country —
including Syrians, whose country is in the midst of a war — just to be with their family.
F.
Access to citizenship
51.
Australia must be commended for integrating successive cohorts of migrants into its
social fabric through generally easy access to citizenship for its permanent residents.
52.
However, the Special Rapporteur received information that access to citizenship had
been made much more complicated in recent times. In particular, applications for
citizenship from refugees who had been unauthorized maritime arrivals but had received
permanent residence status were systematically “deprioritized”, and delays were therefore
accumulating. It is also reported that refugees often face increased requirements for
identification papers from their country of origin — requirements that were not present for
obtaining permanent residence. Cases were reported of refugee status being cancelled when
refugees requested identification documents from their country of origin in order to satisfy
the citizenship requirements (as it was alleged that such requests proved that the refugees
had availed themselves of the protection of their government): such “catch-22” situations
are unworthy of as well-administered a country as Australia.
53.
Unauthorized maritime arrivals who receive a temporary protection visa are not
eligible for permanent residence or citizenship at all, which prevents their legal integration
even when they are socially integrated. Such “permanent temporary” situations should be
resolved quickly in favour of the foreigners’ full integration.
54.
The Department of Immigration and Border Protection should consider giving
greater weight to time spent living in Australia in considering applications for permanent
residence, as well as setting a limit on the period, for example five years, after which it
would be considered reasonable for any temporary visa holder to qualify for permanent
residence and later citizenship. Reportedly, migrants with disabilities also find it difficult to
access permanent residence or citizenship because of their disability.
V. Detention
55.
On 31 August 2016, there were 1,602 persons in immigration detention facilities,
including 1,355 in immigration detention on the mainland and 247 in immigration detention
on Christmas Island. There were 410 persons (306 men, 55 women and 49 children) in the
regional processing centre in Nauru and 823 persons (all adult males) detained in the
regional processing centre on Manus Island. The number of detainees who had arrived
unlawfully by air or boat was 581, representing 36.3 per cent of the total immigration
detention population. There were also 1,021 detainees (63.7 per cent of the total
immigration detention population) who had arrived in Australia regularly and had had their
visa cancelled for either overstaying their visa or breaching their visa conditions. There
were 197 people from New Zealand, 176 people from the Islamic Republic of Iran,
121 people from Viet Nam, 106 people from Malaysia, 87 people from Sri Lanka,
79 people from India, 70 people from China, 67 people from Afghanistan and 58 people
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