Lyla Lindsey
Australia's refugee status determination procedure has undergone several changes since 1993. Currently, the process of applying for refugee status in Australia involves four main steps. Firstly, the Department of Home Affairs makes the initial decision on an application. This is followed by a review conducted by an independent tribunal, which can re-examine the facts. Subsequently, the courts can perform a judicial review to assess whether the previous decisions were made lawfully. It is important to note that not everyone who seeks asylum in Australia is eligible to apply for refugee status, and specific procedures apply based on the mode of arrival in the country.
Applying for refugee status in Australia
| Characteristics | Values |
|---|---|
| Who can apply? | People outside Australia who have been persecuted and are in need of resettlement |
| Who decides if you can apply? | The Australian Minister |
| Who decides if you meet the criteria? | The Department of Home Affairs |
| Who reviews the decision? | An independent tribunal |
| Who can help? | A lawyer or registered migration agent, the Refugee Council of Australia, the Refugee & Advice Casework Service, the Refugee Immigration Legal Service |
| What type of visa do you need? | Refugee, humanitarian, or protection visa |
| What if you have a Temporary Protection Visa (TPV) or Safe Haven Enterprise Visa (SHEV)? | You can move to a permanent resident Resolution of Status (RoS) visa subclass 851 |
| What if you need support? | You may be able to get Status Resolution Support Services payment |
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What You'll Learn
Refugee status determination procedure
Australia's refugee status determination procedure involves four main steps. Firstly, the Department of Home Affairs makes the first ('primary') decision on an application. This is followed by a review of the decision by an independent tribunal. The third step is a judicial review by the courts to determine whether the previous decisions were lawfully made. The fourth step is to seek advice and help with preparing your claim from a lawyer or registered migration agent. It is important to note that the refugee status determination procedure has undergone several changes over time, particularly for those who arrive by boat or plane with a valid visa.
To initiate the refugee status determination procedure in Australia, you can take the following steps:
- Understand the definition of a "refugee" and "complementary protection" as per the Australian Government's criteria.
- Contact the Refugee Council of Australia (RCOA) or seek advice from a registered migration agent or a legal organisation like Refugee and Immigration Legal Service.
- If you are outside Australia and have been persecuted, apply for a refugee visa for resettlement.
- Complete the 'Claim for Persons Granted a Refugee, Humanitarian, or Protection Visa' form. Your humanitarian settlement provider can assist you with this.
- Prepare for an interview by contacting the multilingual phone service to speak to someone in your language. They will arrange the interview for you.
- If you have a valid visa, you may be able to access Medicare services for healthcare.
- Depending on your situation, you may be eligible for payments and support, such as the Status Resolution Support Services payment or assistance with transitioning to a permanent refugee visa.
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Applying for a humanitarian visa
Understanding the Humanitarian Visa:
Humanitarian visas are for individuals who are outside Australia and have experienced persecution or fear of persecution in their home country. This visa allows them to seek resettlement in Australia. It is important to note that the Australian Government will assess your situation to determine if you meet the legal definition of a "refugee" or require "complementary protection."
Steps to Apply for a Humanitarian Visa:
- Contact the United Nations High Commissioner for Refugees (UNHCR): Reach out to the UNHCR office in your country or region. They can provide guidance and assist you in registering as a person of concern. The UNHCR will evaluate your case and determine if you are eligible for refugee status.
- Gather Necessary Documentation: Ensure that you have all the required documents to support your application. This may include identification documents, proof of persecution or fear of persecution, medical records, and any other relevant evidence.
- Complete the Application Form: Obtain and carefully fill out the application form for a humanitarian visa. Provide detailed and accurate information about your personal circumstances, including the reasons why you are seeking refugee protection. You can seek assistance from a humanitarian settlement provider or a registered migration agent to help you with the application process and ensure you have the necessary supporting documentation.
- Submit the Application: Lodge your application with the Department of Home Affairs in Australia. You can do this directly or through authorized channels as advised by the Australian Government or your assisting organization.
- Wait for Processing: The Department of Home Affairs will review your application and make a primary decision. This process may take some time, and you may need to wait for their response. If your initial application is refused, you may have the option to request the Minister to intervene or explore other legal avenues with the help of a lawyer or migration agent.
- Interview and Assessment: If your initial application is accepted, you will be contacted for an interview. During the interview, an officer will assess your eligibility for the humanitarian visa further. Be prepared to answer questions and provide additional information or documentation as needed.
- Final Decision: After the interview, the reviewing body will make a final decision regarding your humanitarian visa application. This decision is typically made independently and based on the facts of your case.
It is important to stay updated on Australia's refugee and humanitarian visa policies, as they may change over time. Additionally, consider seeking legal advice or consulting official government websites for the most accurate and up-to-date information.
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Seeking asylum in Australia
Australia's procedure for granting refugee status involves four main steps. Firstly, the Department of Home Affairs makes the first ('primary') decision on an application. This decision is reviewed by an independent tribunal that can look at the facts again. The courts can then review whether these decisions were lawfully made (judicial review).
To become a refugee in Australia, the Australian Government must decide that you meet the legal definition of a 'refugee' or that you need 'complementary protection'. Refugee visas are for people outside Australia who have been persecuted and are in need of resettlement. Since 2001, not everyone who seeks asylum in Australia can apply for refugee status. In 2001, laws were passed that meant anyone who arrived in an 'offshore entry place' – such as Christmas Island – did not have a right to apply for asylum. In 2014, this changed again. Now, even if a person made it to mainland Australia by boat, they could no longer apply for asylum unless the Minister allowed it.
If you are in Australia and want to seek asylum, you should contact a lawyer or registered migration agent for advice and help with preparing your claim. You can find a list of registered migration agents at the Australian Migration Agents Registration Authority. If you don’t have someone helping you, call the multilingual phone service to speak to someone in your language. They will arrange the interview for you. You can use the 'Claim for persons granted a Refugee, Humanitarian or Protection visa' form to claim a payment. Your humanitarian settlement provider can help you complete this form before your interview.
Depending on your situation, there are payments and services you may get. If you have a valid visa, you may be able to use Medicare services for healthcare. If you had a Temporary Protection Visa (TPV) or Safe Haven Enterprise Visa (SHEV) and have moved onto a permanent resident Resolution of Status (RoS) visa subclass 851, you may be able to get help with payments.
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Temporary Protection Visas (TPV)
Temporary Protection Visas (TPVs) are available to people who arrive in Australia without a visa and are found to be owed protection. TPVs are a temporary solution, in contrast to Permanent Protection Visas (PPVs), which grant the holder permanent resident status. TPVs can be issued for up to three years, and holders have the right to work, with some potential restrictions, and have access to Medicare. They are also eligible for some income assistance, although the level and terms of this support are at the discretion of the Minister for Immigration and Border Protection.
TPV holders do not have family reunion rights and are not able to sponsor family members for Australian visas. If a TPV holder leaves Australia, their visa does not permit them to re-enter the country. After a TPV expires, the holder can reapply for another TPV.
The TPV scheme has been controversial. The government has claimed it is a necessary response to the misuse of the asylum process by unauthorised arrivals, while refugee advocates have described TPVs as a cruel way to treat people, leaving them with an uncertain future. In 2008, the Rudd government committed itself to the abolition of TPVs. However, in 2013, the Abbott government announced the reinstatement of TPVs to deal with a backlog of 30,000 asylum seekers. In 2014, the High Court ruled that issuing TPVs without the appropriate legislative powers was invalid, and legislation was passed to reintroduce them.
There are also Safe Haven Enterprise Visas (SHEVs), which require visa holders to work or study in regional Australia. SHEVs are issued for five years, after which holders can apply for a permanent migration visa, although this is not automatic and they must meet the requirements of the other permanent visa they are applying for.
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Support services for refugees
Australia has several support services for refugees and asylum seekers, helping them rebuild their lives and settle in the country.
The Asylum Seeker Resource Centre (ASRC) is a leading organisation that provides support and resources to refugees and asylum seekers in Australia. They advocate for human rights, fairness, dignity, and the protection of refugees. The ASRC provides a range of services, including legal advice, community programs, and assistance with education and employment. They also offer emotional and psychological support to help individuals and communities heal from the trauma of persecution, war, violence, and human rights violations.
The Refugee Council of Australia (RCOA) is another key organisation supporting refugees. They provide information, resources, and assistance to refugees and asylum seekers, helping them navigate the complex immigration processes. The RCOA offers factsheets and other publications in multiple languages, ensuring that refugees can access crucial information.
STARTTS, a specialist not-for-profit organisation, provides psychological treatment and community interventions to refugees. They assist individuals who have experienced trauma and persecution, helping them heal and rebuild their lives in Australia. STARTTS also works with schools and communities to foster a positive and supportive environment for refugee young people.
Various other organisations and charities also provide support services for refugees in Australia. These include the Refugee and Immigration Legal Service in Queensland and the Refugee & Advice Casework Service in Sydney, which offer legal assistance and advice to refugees. Additionally, individuals can support refugees by donating to organisations or becoming monthly donors to provide essential services and resources.
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Frequently asked questions
To apply for refugee status in Australia, you must meet the legal definition of a 'refugee' or be in need of complementary protection. People outside Australia can apply to the United Nations High Commissioner for Refugees (UNHCR), whereas people in Australia apply to the Australian Department of Immigration and Border Protection to have their status assessed.
The process for applying for refugee status in Australia involves claiming refugee status and applying for a protection visa. Most people seeking asylum in Australia arrive with a valid visa. Those who do not are typically detained in immigration detention facilities or the community while their applications are processed.
Yes, there are several resources available to help with the refugee status application process in Australia. The Refugee Council of Australia (RCOA) provides factsheets in multiple languages that outline the process and offer additional information. Additionally, a registered migration agent or the Refugee and Immigration Legal Service can provide advice and support throughout the application process.
