2. Christmas Island (May 2010)

3. Migration Act & Regulations  Christmas Island part of ‘excised ’ migration zone  Arrivals to Christmas Island – ‘offshore entry persons’  Offshore entry person (OEP) – cannot apply for any visa  Minister Immigration may permit OEP to apply for Visa  Asylum-seeker requests to be permitted to apply for a Protection Visa  DIAC assessment & recommendation to the Minister  Non-Statutory process  If DIAC find person to be a refugee: ◦ Recommends to Minister to allow person to apply for Protection Visa (which is usually granted) ◦ Resettled to Mainland

4.  DIAC assesses if asylum-seeker is a refugee;  If DIAC decides not a refugee: ◦ ‘Right’ of review – Independent Merits Review (IMR) to Independent Review Panel (IMP)  IMR also non-statutory regime  IMP – makes recommendations only (non-binding)  Negative IMR decision => DIAC looks at any further information to prevent removal eg under CAT, ICCPR  If DIAC decides can be removed =>removal

5.  Asylum Seekers in Detention Centre  Allocated Migration Agent (IAAAS provider)  Task Force: ◦ Between 5 – 10 Lawyer/Migration Agents ◦ Over 2 weeks:  Interview and prepare refugee applications for 2-3 clients per day for several days in the Detention Centre  Attend DIAC Interviews with clients for several days

6.  Isolation;  Obtaining instructions & general access to clients/lawyers;  Detainees’ mental and overall health;  Lack of statutory rights;  Lack of proper appeal process;  Difference in treatment/processing according to nationalities  etc