Ruqayyah Snyder
Australia's asylum policies have been criticised for retreating from the legal obligations and spirit of the 1951 Refugee Convention and its 1967 Protocol. The process of applying for asylum in Australia involves claiming refugee status and applying for a protection visa. People outside Australia can apply to the United Nations High Commissioner for Refugees (UNHCR), while those in Australia can apply to the Australian Department of Immigration and Border Protection to have their status assessed. Those without visas who arrive by boat are given high media visibility, fuelling fears about border security and national integrity. However, unauthorised air arrivals are also screened and returned to their most recent country of departure if they are deemed not to be asylum seekers.
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What You'll Learn
Claiming refugee status
To claim refugee status, people outside Australia can apply to the United Nations High Commissioner for Refugees (UNHCR). Those who are in Australia apply to the Australian Department of Immigration and Border Protection to have their status assessed. The refugee status determination process decides whether a person is recognised as a refugee and allows for the rights afforded to refugee status.
In Australia, having refugee status means someone may be issued a protection visa. However, those without visas who arrive by boat are given high media visibility, feeding a narrative that the country has lost control of its borders. This has created a political problem for the government, which has responded with disproportionate penalties for those who arrive by boat and by coercing developing countries, such as Nauru and Papua New Guinea, to act as asylum processing sites.
The asylum claims of transferees are processed by the Nauruan government, and they are managed in Nauru until they depart or are permanently settled. Those who are deemed not to be asylum seekers are returned to their most recent country of departure. Unless the responsible minister grants an exemption, unauthorised maritime arrivals who are found to have a possible asylum claim must be transferred to a regional processing country to have their claims determined.
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Screening interviews
Unauthorised air arrivals, or those who arrive in Australia by plane without a valid visa, are subject to a screening interview. This interview is conducted by Australian officials posted at overseas airports to prevent individuals without visas from boarding flights to Australia. During the screening interview, the interviewer will assess the individual's claim to determine if they could be eligible for Australia's protection under international law. This process is in line with Australia's protection obligations, also known as "non-refoulement".
Unauthorised maritime arrivals, or those who arrive in Australia by boat without permission, also undergo a screening process. However, this process occurs after they reach Australian territory. During the screening interview, the interviewer will evaluate if the individual can be considered an asylum seeker. If they are found not to meet the criteria, they will be returned to their previous country of departure, often Indonesia. It is important to note that unauthorised maritime arrivals with potential asylum claims must be transferred to a regional processing country, such as Nauru or Papua New Guinea, unless an exemption is granted by the responsible minister.
Access to Protection Visa Application:
Following the screening interview, if an individual is assessed to have a possible case for asylum, they will be granted access to the protection visa application process. The protection visa is the primary mechanism through which Australia fulfils its international protection obligations. It is important to mention that most applicants for protection visas are individuals who initially entered Australia with a valid visa and later sought asylum.
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Protection visas
Australia's primary mechanism for implementing its international protection obligations is the protection visa. This visa is available to those who arrive in the country by air or sea without authorisation and are deemed to be asylum seekers following a screening interview. Those who arrive by boat are given high media visibility, creating a narrative of a loss of border control and a political problem for the government. However, the majority of applicants for protection visas are people who initially entered Australia on a valid visa.
To apply for a protection visa in Australia, you must first be deemed to be an asylum seeker. If you arrive by air, Australian officials posted at overseas airports will determine if you have a valid visa. If you do not, you will be given a screening interview to ascertain whether you could be entitled to Australia's protection under international law. If you are found to have a possible case, you will be given access to the protection visa application process. If not, you will be returned to your most recent country of departure.
If you arrive by boat, you will also undergo a screening process. If you are deemed not to be an asylum seeker, you will be returned to your most recent country of departure, usually Indonesia. If you are found to have a possible asylum claim, you must be transferred to a regional processing country, such as Nauru or Papua New Guinea, to have your asylum claim determined there unless the responsible minister grants an exemption. Regional processing has a complicated history, with Australia facing criticism for its response, including disproportionate penalties for those who arrive by boat and coercion of developing countries to act as asylum processing sites.
It is important to note that Australia's asylum policies have been criticised for retreating from the legal obligations and spirit of international treaties, such as the 1951 Refugee Convention and its 1967 Protocol. Despite being a signatory to these treaties, Australia has passed legislation to heighten migration laws pertaining to boat migrants and refused entry to asylum seekers.
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Asylum claims processing
Australia's asylum claim process is complex and has been criticised for its harsh treatment of asylum seekers. The process varies depending on whether individuals arrive by air or sea and their visa status. Here is an overview of the asylum claims processing in Australia:
Screening and Interviews
Unauthorised air arrivals in Australia undergo a screening interview to determine their eligibility for protection under international law. Those who are deemed to have a valid claim are allowed to proceed with the protection visa application process. On the other hand, unauthorised maritime arrivals (those who arrive by boat without a visa) are given high media visibility, fuelling political debates about border security. They also undergo a screening process to determine their asylum seeker status.
Regional Processing
If unauthorised maritime arrivals are found to have a potential asylum claim, they must be transferred to a regional processing country, such as Nauru or Papua New Guinea, to have their asylum claims assessed. Australia has contracted these countries to process and manage asylum claims, despite criticism that this response is not sustainable or economically feasible.
Protection Visas
The protection visa is Australia's primary mechanism for fulfilling its international protection obligations. People seeking asylum in Australia generally need to have refugee status to be granted protection. Those who are already in Australia can apply to the Australian Department of Immigration and Border Protection to have their status assessed. If recognised as a refugee, individuals may be issued a protection visa. Most applicants fall into this category, having initially entered Australia with a valid visa.
Detention
Individuals who arrive without a valid visa are detained in immigration detention facilities or within the community while their asylum applications are processed. This detention system has been criticised for isolating and neglecting asylum seekers, with Human Rights Watch reporting that Australia's "cruel treatment" of refugees has tarnished its reputation on human rights.
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Refugee status determination
Australia's refugee status determination procedure involves four main steps. Firstly, the Department of Home Affairs makes the initial decision on an application. This is followed by a review from an independent tribunal that can re-examine the facts. The courts can then review whether these decisions were lawfully made (judicial review). Finally, the Refugee Council of Australia (RCOA) may be involved in fast-tracking the process.
There are different procedures for those who arrive by boat, plane, or with a valid visa. Since 2001, the processes have been different for those arriving by boat compared to those arriving by plane with a valid visa. Further changes in December 2014 introduced distinct procedures for those who arrived by boat on or after 13 August 2012. It is important to note that not everyone who seeks asylum in Australia can apply for refugee status. For example, laws passed in 2001 state that anyone arriving in an 'offshore entry place', such as Christmas Island, does not have the right to apply for asylum.
Unauthorised maritime arrivals (those without visas who arrive by boat) are given high media visibility, which creates a political problem for the government. These arrivals are subject to a screening process. Those deemed not to be asylum seekers are returned to their previous country of departure, often Indonesia. Those with a potential asylum claim must be transferred to a regional processing country, such as Nauru or Papua New Guinea, unless an exemption is granted by the responsible minister.
Unauthorised air arrivals are rare due to Australian officials posted at overseas airports to help airlines identify people without visas for refusal of boarding. Those who do arrive by air are given a screening interview to determine their entitlement to Australia's protection under international law. If they are found to have a possible case, they are given access to the protection visa application process. Most applicants fall into this group, as they initially entered Australia with a valid visa and can now apply for a protection visa.
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Frequently asked questions
The process of applying for political asylum in Australia involves claiming refugee status and applying for a protection visa. People who are outside Australia can apply to the United Nations High Commissioner for Refugees (UNHCR). People who are in Australia apply to the Australian Department of Immigration and Border Protection to have their status assessed. The refugee status determination process determines whether a person is recognised as a refugee, and allows for the entitlements and rights afforded to refugee status.
People who arrive by boat or by plane go through a similar process but with some differences. Those arriving by plane are given a screening interview to ascertain whether they could be entitled to Australia's protection under international law. If not, they are returned to their most recent country of departure. Those who arrive by boat are sent to a regional processing country, such as Nauru or Papua New Guinea, to have their asylum claims determined there.
If your application for asylum is denied, you will be returned to your most recent country of departure.
The political climate regarding asylum seekers in Australia has been described as bleak. There is a perception that asylum seekers present a threat to the integrity of Australia's borders and the national fabric as a whole, and the media has been accused of fueling these fears. Australia has also been criticised for its treatment of asylum seekers, with Human Rights Watch's annual World Report finding that Australia's reputation on human rights has been "tarnished" by its "cruel treatment" of refugees.
