Part 2 Seeking Asylum in Australia

Seeking Asylum in Australia The process of seeking asylum in Australia is quite convoluted, especially if you arrived by boat. We’ll endeavour to take you through it, however there’s lots to be said - so we’ll only mention the essentials. We’ll provide some links to further reading for those of you who wish to go down the rabbit hole of asylum seeker law, and find out more.

Australia’s Humanitarian Program Australia has a humanitarian program that encompasses two broad components: Offshore The offshore component is for those already classified as refugees and living overseas (e.g. in refugee camps).offshore component It involves taking part in the UNHCR’s resettlement program by allowing a limited number of these refugees to come and live in Australia. Very few places are offered to refugees to resettle into another country, the reality being that less than 1% of the world’s recognised refugees will be given this opportunity. Onshore The onshore component is for asylum seekers, who arrive and seek protection from within Australia, as per the Refugee Convention.onshore component They do this by submitting an application for protection to the Australian Government. It is the responsibility of the Department of Immigration and Border Protection to assess their claim.

Did you come by boat or by plane? Of those asylum seekers who engage in the onshore system, the Australian Government categorizes them into two broad groups: 1.Those that arrive by plane – “Non illegal maritime arrivals” (non-IMA’s) 2.Those that arrive by boat – “Illegal maritime arrivals" (IMA’s) Those that arrive by plane with a visa (typically arriving on short term visas such as tourist or study visas) will reside in the community upon arrival. After submitting an application for a Protection Visa, they will be granted a Bridging Visa which allows them to remain in the community whilst they await an outcome. Those that arrive by boat without a visa are detained upon arrival, being placed in a detention facility within Australia (e.g. Villawood Detention Centre) – or more recently – outside of Australia (Manus Island or Nauru). Only the Minister for Immigration and Border Protection has the power to release people from detention, and he does so by granting a Bridging Visa. Boat Plane

Did you come by boat or by plane? Until recently, both groups were able to apply for the same visa, the Protection Visa Subclass 866. This visa allows refugees to live in Australia as permanent residents. But if you take a look at the Department of Immigration’s website, you’ll notice that “illegal maritime arrivals” (those who arrived by boat) are no longer eligible for this visa.website We’ll talk about this soon, but for now, let’s take a look at the standard process of applying for a Protection Visa in Australia.

The general process of applying for a Protection Visa in Australia goes like this… Submit written application Attend interview Await security checks Await visa outcome Complete health and character checks ✓ If the decision is positive, and an applicant is deemed to be a refugee, they are granted a Protection visa and allowed to remain in Australia. ✗ If the decision is negative, and an applicant is deemed not to be a refugee, they must either appeal this decision, or return home. Click here to read about the appeal options for at the Refugee Review Tribunal (RRT).here Click here to read about subsequent options at the Federal Magistrates Court and the Ministerial Interventions Unit.here

Temporary Protection Legislation passed in December 2014 saw the return of Temporary Protection Visas (TPV’s). Now, all asylum seekers in Australia who arrived by boat are only eligible to apply for a TPV.Temporary Protection Visas TPV’s last for three years only, after which time people must apply again, proving again their need for protection. TPV holders aren’t able to: Access settlement support services Bring their family members over Travel outside of Australia without permission TPV holders are able to: Work Study Access Medicare Access Centrelink

Other laws for boat arrivals Fast Track Processing Asylum seekers who arrived by boat after 13 August 2012 are now subject to a new ‘fast track’ processing system – making the visa determination process less thorough, timeframes for supplying information shorter, and normal appeal channels inaccessible. Mandatory Detention Although all asylum seekers arriving from now are subject to offshore processing, there are still many asylum seekers within Australia who are subject to the policy of mandatory detention. There is no limit under Australian law to the length of time a person can be detained – it could be weeks…months…years (and in fact it often is years) before they see freedom. Detention Centre is a fantastic website developed by SBS Australia, containing valuable insights from those who have lived and worked in Australia’s Detention system. Click here to explore.here Offshore Processing Those who arrive by boat are now either turned back by the Australian Navy, or taken to offshore processing Centres in neighbouring countries. Those in Nauru or Papua New Guinea (Manus Island) are to be assessed for refugee status in and by these countries, and, if found to be refugees, they will be ultimately be resettled there.

Want to find out more? Click below