Leslie Massey
Australia has obligations to protect the human rights of asylum seekers and refugees who arrive in the country, regardless of how they arrive and whether they have a visa or not. Asylum seekers are those who have fled their country and applied for protection as a refugee. Refugees are those who have been persecuted and are in need of resettlement. Australia's Humanitarian Program provides permanent protection visas to refugees, allowing them to settle in the country. Asylum seekers can apply for either permanent or temporary protection visas, depending on their circumstances. The process involves submitting a visa application, typically through postal or courier services, and undergoing an assessment by the Department of Home Affairs to determine refugee status.
| Characteristics | Values |
|---|---|
| Definition of an asylum seeker | A person who has fled their own country and applied for protection as a refugee |
| Definition of a refugee | A person outside their own country who is unable or unwilling to return due to a well-founded fear of being persecuted because of their race, religion, nationality, political opinion, or membership in a particular social group |
| Human rights obligations | Australia has agreed to ensure that people who meet the UN definition of a refugee are not sent back to a country where their life or freedom would be threatened (non-refoulement) |
| Additional human rights obligations | Australia is obliged not to return people who face a real risk of violation of certain human rights under the ICCPR, CAT, and CRC, and not to send them to third countries where they would face such risks |
| Human rights obligations while in Australia | The Australian government must ensure that the human rights of asylum seekers and refugees are respected and protected under various international treaties, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention against Torture, and the Convention on the Rights of the Child |
| Visa requirements for asylum seekers | Asylum seekers who arrive at an 'excised offshore place' without a valid visa are barred from applying for a visa to remain in Australia unless the Minister personally intervenes |
| Regional processing regime | The Australian government has established a 'no advantage' principle, meaning that asylum seekers who come to Australia by boat will not benefit compared to those who wait elsewhere for their claims to be assessed |
| Humanitarian Program visa subclasses | 200, 202, 204, 866 for permanent visa humanitarian entrants; 785, 790 for asylum seekers with temporary visas |
| Humanitarian Program allocation for 2018-2019 | 18,750 places |
| Humanitarian Program settlement in Victoria in 2018 | Approximately 4,000 refugees |
| Humanitarian Program settlement pattern in Victoria in 2018 | Young families, primarily in the 18-35 age bracket, with a notable number of children in the 5-11 age range |
| Support for unaccompanied humanitarian minors (UHMs) | Entitled to support from the Victorian Department of Health and Human Services' Refugee Minor Program (RMP) and are automatically assigned a case manager |
| Priority for resettlement | Given to applicants assessed as refugees by the UNHCR and referred to Australia, as well as those proposed by immediate family members or relatives in regional areas of Australia |
| Humanitarian visa application process | Applications must be posted or couriered to the Embassy and include a completed Form 842; emailed applications are not accepted |
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What You'll Learn
Humanitarian visa application requirements
To apply for humanitarian asylum in Australia, you must meet certain legal criteria as defined by the Department of Home Affairs. An asylum seeker is a person who has fled their country and applied for protection as a refugee. Refugees are those who are outside their country and are unable or unwilling to return due to a well-founded fear of being persecuted because of their race, religion, nationality, political opinion, or membership in a particular social group.
Humanitarian asylum applications can be made through the Humanitarian Program, which offers permanent protection visas (visa subclasses 200-204) to those living overseas. Asylum seekers can also arrive in Australia with a valid visa and then apply for permanent protection (visa subclass 866). Those who receive permanent protection visas are entitled to permanent residency. Asylum seekers arriving without a valid visa may only apply for temporary protection visas. Each year, the Australian Government allocates a set number of permanent visa places for people of refugee backgrounds. The Humanitarian Program allocation for 2018-19 was 18,750. However, due to the high global demand, the program is under unprecedented pressure, and not all applicants can be accepted.
Priority is given to applicants assessed as refugees by the United Nations High Commissioner for Refugees (UNHCR) and formally referred to Australia for resettlement. Immediate family members or relatives residing in a regional area in Australia can also propose applicants, who will then be prioritized. Asylum seekers who arrive at an 'excised offshore place' without a valid visa are barred from applying for a visa to remain in Australia unless the Minister personally intervenes. This is known as 'lifting the bar'.
Humanitarian visa applications must be posted or couriered to the Australian Embassy and include a completed Form 842. Emailed applications are not accepted. Applicants can also approach the UNHCR in their current country of residence for urgent protection needs.
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Asylum seeker status and rights
Asylum seekers in Australia are those who have fled their home country and applied for protection as a refugee. Australia is a signatory to the United Nations Refugees Convention, and as such, has agreed not to send people to countries where their lives or freedom would be threatened.
The Australian Human Rights Commission states that all people are entitled to protection of their human rights, including the right to seek asylum, regardless of how or where they arrive in the country. The Commission has conducted national inquiries and site inspections focusing on the conditions and treatment of people in immigration detention across Australia. These inquiries aim to protect the human rights of asylum seekers, refugees, and others in immigration detention.
Asylum seekers in Australia are not permitted to work, and so many rely on Centrelink payments. This lack of working rights impacts the mental health of the asylum-seeking community. Those who are granted refugee status often find the support given to be inadequate, with unique difficulties faced when searching for and obtaining work. Asylum seekers who arrive in Australia and receive a temporary protection visa (subclass 785) are given the right to live in the community and choose their housing. However, the government does not provide a service to help them find housing.
The process of seeking asylum in Australia can be lengthy. Asylum seekers who arrived by boat at an 'excised offshore place' such as Christmas Island on or after 13 August 2012 are liable to be transferred to a third country, such as Papua New Guinea or Nauru, for processing of their claims for protection. This policy, known as the Pacific Solution, was intended to remove the incentive for refugees to come to Australia. Asylum seekers under this policy were denied access to Australian lawyers and protection under Australian law while detained offshore.
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Refugee status requirements
To be granted refugee status in Australia, you must meet the legal criteria set out by the Department of Home Affairs. This department assesses whether you are a refugee, and until they make their assessment, you are considered an asylum seeker.
According to the United Nations Convention relating to the Status of Refugees, as amended by its 1967 Protocol (the Refugee Convention), a refugee is a person who is outside their own country and is unable or unwilling to return due to a well-founded fear of being persecuted because of their race, religion, nationality, membership of a particular social group, or political opinion.
Australia has agreed to protect the human rights of all asylum seekers and refugees who arrive in the country, regardless of how or where they arrive and whether they have a visa or not. This includes ensuring that people who meet the UN definition of a refugee are not sent back to a country where their life or freedom would be threatened, known as the principle of non-refoulement. Additionally, under the International Covenant on Civil and Political Rights (ICCPR), the Convention Against Torture (CAT), and the Convention on the Rights of the Child (CRC), Australia has agreed not to return people who face a real risk of human rights violations.
Asylum seekers who arrive in Australia by plane have their claims for protection assessed through the refugee status determination and complementary protection system under the Migration Act. Since 24 March 2012, asylum seekers who arrive by boat at an 'excised offshore place' (e.g. Christmas Island) are also eligible to have their claims processed under the Migration Act if the Minister allows them to submit a valid visa application. The Department of Immigration and Citizenship (DIAC) will make a primary assessment to determine if the asylum seeker meets the criteria set out in the Refugees Convention. If the person is found to be a refugee and satisfies health, identity, and security requirements, they will be granted a protection visa.
If an asylum seeker is not found to be a refugee, DIAC will assess whether they meet complementary protection criteria, i.e., whether they are owed protection under the ICCPR, CAT, or CRC. If they are found to be owed protection and meet the health, identity, and security requirements, they will be granted a protection visa.
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Visa subclasses and types
Australia's Refugee and Humanitarian Program is currently under unprecedented pressure due to global demands. The number of available visas each year is limited, and the demand far exceeds the number of places available. Priority is given to applicants assessed as refugees by the United Nations High Commissioner for Refugees (UNHCR) and formally referred to Australia for resettlement. Immediate family members or relatives residing in a regional area in Australia can also propose applicants, which will give them priority.
Asylum seekers who arrive at an 'excised offshore place' without a valid visa are barred from applying for a visa to remain in Australia unless the Minister personally intervenes. Asylum seekers arriving without a valid visa may only apply for temporary protection visas. Those who arrive with a valid visa can apply for permanent protection (subclass 866). People who receive permanent protection visas are entitled to permanent residency.
There are several visa subclasses for humanitarian entrants: 200, 202, 204, and 866. Asylum seekers with temporary visas include subclasses 785 and 790.
The Australian Government has established a regional processing regime to implement the principle of 'no advantage'. This means that asylum seekers who come to Australia by boat will not benefit compared to waiting elsewhere for their claims to be assessed. This waiting period is expected to be around five years.
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Support and payment options
If you are an asylum seeker in Australia, there are several support services and payment options available to you. The Australian government and non-governmental organisations like the Australian Red Cross provide these support services.
Support Services
The Department of Home Affairs determines whether you are a refugee or asylum seeker. You are considered an asylum seeker until the department makes its assessment. Your humanitarian settlement provider will notify the department of your arrival and help you complete the necessary forms. You can also request an interpreter for your interview if needed. If you don't have someone to help you with the process, you can call the multilingual phone service to speak to someone in your language. They will assist you in arranging the interview and connecting you with the relevant services.
The Adult Migrant English Program offers free English language classes to help you settle in Australia. This program can improve your English language skills and facilitate your integration into Australian society.
Payment Options
There are various payment options available for asylum seekers and refugees transitioning to a permanent visa status:
- Crisis Payment: A one-off payment for humanitarian entrants arriving in Australia for the first time.
- Special Benefit: Financial assistance for those in need who cannot access other payments.
- Rent Assistance: Additional support if you pay rent and receive certain payments.
- Family Tax Benefit: A payment for those with a temporary protection visa to help with the costs of raising a family.
- Parental Leave Pay: Support for families taking time off work to care for a newborn or adopted child.
- Child Care Subsidy: Assistance to cover the costs of approved childcare.
- Status Resolution Support Services (SRSS) payment: If you are unable to support yourself while awaiting your immigration status assessment, you may be eligible for this payment. The Department of Home Affairs will assess your eligibility.
- Medicare services: If you have a valid visa, you may be able to access Medicare for healthcare.
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Frequently asked questions
An asylum seeker is a person who has fled their country and applied for protection as a refugee. A refugee is a person who is outside their own country and is unable or unwilling to return due to a well-founded fear of being persecuted.
The Refugee and Humanitarian Resettlement Program is a program by the Australian Government that resettles refugees in the country. The program gives priority to applicants assessed as refugees by the United Nations High Commissioner for Refugees (UNHCR) and those with immediate family members in Australia.
To apply for humanitarian asylum in Australia, you need to submit a completed Form 842 by post or courier to the Australian Embassy. If you have urgent protection needs, you can approach the UNHCR in your current country of residence.
After submitting your application, the Department of Home Affairs will assess whether you are a refugee. Until their assessment, you are considered an asylum seeker. After their assessment, you will be interviewed, and an interpreter can be provided if needed.
Asylum seekers in Australia can access payments and services, including the Status Resolution Support Services payment if they cannot support themselves while resolving their immigration status. They can also join free English language classes to help them settle in the country. Additionally, Australia has obligations to protect the human rights of asylum seekers and refugees, including the right to claim asylum and the principle of non-refoulement.
