A/HRC/35/25/Add.3
(b)
The Special Humanitarian Programme visa, for people outside their home
country who are subject to substantial discrimination amounting to a gross violation of their
human rights in their home country, and immediate family members of persons who have
been granted protection in Australia. Applications for entry under the Special Humanitarian
Programme must be supported by a proposer who is an Australian citizen or permanent
resident or an eligible New Zealand citizen, or by an organization that is based in Australia.
28.
People who arrived as unauthorized maritime arrivals on or after 13 August 2012 are
no longer eligible to propose their family members under the Special Humanitarian
Programme. People in those circumstances can apply under the family stream of the
Migration Programme.
3.
Relevant government agencies
29.
Since 1 July 2015, the Australian Customs and Border Protection Service has been
consolidated into the Department of Immigration and Border Protection. The Australian
Border Force, a single front-line operational border agency, was established within the
Department. The Australian Border Force draws together the operational border,
investigations, compliance, detention and enforcement functions of the two previously
separate agencies. Policy, regulatory and corporate functions are combined within the
broader department.
30.
The Operation Sovereign Borders Joint Agency Task Force (as part of Operation
Sovereign Borders) was established to combat people-smuggling and to protect the
country’s borders.
31.
The Australian Human Rights Commission was established in 1986. The
Commission examines complaints coming from regional processing centres in Nauru and
Papua New Guinea, but it cannot visit either country. In December 2014, the Commission
released a report entitled “The forgotten children”, on children in onshore and offshore
immigration detention. In March 2015, the Secretary of the Department of Immigration and
Border Protection established the Child Protection Panel to provide independent advice on
issues pertaining to the well-being and protection of children in immigration detention and
in regional processing centres. In May 2016, the Department of Immigration and Border
Protection received the panel’s final report and accepted all the recommendations in the
report. The Department of Immigration and Border Protection will reconvene the panel in
late 2017 to review the Department’s implementation of the panel’s recommendations.
IV. Border management
32.
The migration policies of Australia give many positive examples, such as the
country’s resettlement programme, granting humanitarian protection to a high number of
refugees with the objective of increasing the number of visas issued to 18,750 per year from
2018, and assisting them in their integration process with generous and well thoughtthrough integration programmes. The welcoming of 12,000 Syrian and Iraqi refugees is
also a positive contribution to the global response to refugee movements. The Special
Rapporteur received information about the country’s huge temporary migration
programme, which includes 300,000 students, 200,000 people on working holiday visas,
and up to 150,000 visas for skilled temporary workers. He was informed that at any one
time, there were approximately 2 million people in the country who held temporary visas.
Many of these visas include pathways to permanent residence and citizenship.
33.
In contrast to its exemplary resettlement policies, the strong focus on securitization
and punishment blemishes the country’s good human rights record. The Special Rapporteur
observed that some of the country’s migration policies have increasingly eroded the human
rights of migrants, in contravention of its international human rights and humanitarian
obligations. For all the progress made by Australia in all other areas of life, several of its
migration policies and laws are regressive and fall behind international standards.
8