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Australia has a controversial policy of shifting asylum seekers to other countries for processing, which has been criticised by civil society members. 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. Those who arrive by boat are subject to mandatory detention and are held indefinitely, sometimes for over 13 years, until they are granted a visa or removed from Australia. In 2021, there were an estimated 100,000 asylum seekers in Australia, with around 30,000 having their applications rejected. Asylum seekers may be detained in immigration facilities, which have been criticised for being overcrowded and rundown, or released into the community on bridging visas.
| Characteristics | Values |
|---|---|
| Asylum seekers in Australia | Seek protection under the Migration Act 1958 |
| Refugee status | Assessed by the Department of Home Affairs |
| Visa status | Asylum seekers may be eligible for refugee or humanitarian visas |
| Detention | Mandatory for those without valid visas; indefinite with no time limit or independent review |
| Refugee resettlement | Australia has been a leader in resettling vulnerable refugees |
| Humanitarian Program | Provides support for vulnerable refugees to settle in Australia |
| Offshore detention | Controversial policy of transferring asylum seekers to other nations for processing |
| Social services | Limited access to services like Medicare, Centrelink, and social security |
| Living conditions | Overcrowded and rundown accommodations |
| Mental health | Uncertain status and restricted access to financial support impact mental health |
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What You'll Learn
Mandatory detention for those without a valid visa
Australia has a mandatory detention policy for those without a valid visa. This policy was introduced in 1992 in response to the arrival of 438 Vietnamese, Cambodian, and Chinese 'boat people' to Australia's shores between November 1989 and January 1992. The Migration Amendment Act 1992 imposed a 273-day limit on detention but did not allow for judicial review. The Migration Reform Act 1992, which came into operation on 1 September 1994, broadened the application of mandatory detention to all without valid visas and removed the time limit. This Act also introduced detention charges, making unlawful non-citizens liable for the costs of their immigration detention.
Under the Migration Act 1958, asylum seekers who arrive in Australia without a valid visa must be held in immigration detention until they are granted a visa or removed from the country. This detention is indefinite, with no limit in law or policy on the length of time a person may be detained. Asylum seekers and refugees may spend long periods in detention while waiting for their refugee claim to be assessed, for health, identity, and security checks, or awaiting removal from Australia if their claim is rejected.
The Australian Human Rights Commission has conducted inquiries and inspections focusing on the conditions and treatment of people in immigration detention. They have made recommendations to the Australian Government aimed at protecting the human rights of asylum seekers, refugees, and others held in immigration detention. The Commission has expressed concern over the detention of children, who are often held for months or years, many in remote areas of Australia. The Commission has also noted that Australia's offshore detention policy, which involves transferring asylum seekers to other nations for processing, is particularly controversial and widely criticized.
In July 2008, the Australian government announced an end to its policy of automatic detention for asylum seekers without visas. The government remained committed to mandatory detention but restricted it to unlawful non-citizens who pose a threat to the community, those who do not comply with visa conditions, or those requiring health, identity, and security checks. By June 2011, the majority of children in immigration detention had been moved to community-based arrangements.
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Access to services like Medicare and Centrelink
Australia's health care policy for refugees and asylum seekers is complex and depends on several factors, including their mode of entry, type of visa, and status as a refugee or asylum seeker. Here is an overview of their access to services like Medicare and Centrelink:
Medicare:
Medicare is a health care service in Australia that makes visiting a doctor cheaper or free and provides access to certain medications at a lower cost. Refugees who have entered Australia through the offshore humanitarian program are generally eligible for Medicare services. They can also receive concession and healthcare cards, which further reduce the cost of healthcare.
On the other hand, asylum seekers and refugees who have entered Australia without a valid visa or through unauthorised means often face challenges in accessing Medicare. Those on certain types of bridging visas, such as Bridging Visa E, typically do not have work rights or access to Medicare. This has raised concerns about their ability to receive adequate healthcare.
Centrelink:
Centrelink is Australia's social security system, providing various payments and services. Refugees who arrive in Australia through the offshore humanitarian program are generally entitled to Centrelink payments and services, similar to Australian permanent residents. These payments can be accessed through the Department of Home Affairs, which assesses an individual's refugee status. Interpreters can also be arranged for those who need assistance.
Asylum seekers who are in the process of having their claims assessed may not have access to Centrelink payments until their refugee status is determined. However, they may be eligible for other forms of support, such as the Status Resolution Support Services payment, which assists those who cannot support themselves while resolving their immigration status.
In conclusion, while Australia provides access to services like Medicare and Centrelink for recognised refugees, particularly those entering through official channels, asylum seekers and those without valid visas often face challenges and restrictions in accessing these services.
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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 by an independent tribunal that can re-examine the facts. The courts can then review whether these decisions were lawfully made (judicial review). Since 2001, the procedures for those arriving by boat have differed from those arriving by plane with a valid visa.
The Migration Act 1958 states that asylum seekers who arrive in Australia without a valid visa must be held in immigration detention until they are granted a visa or removed from the country. This detention is indefinite, with no limit in law or policy on the length of time for which a person may be detained. Asylum seekers and refugees may spend long periods in immigration detention while awaiting the assessment of their refugee claim, health, identity, and security checks, or awaiting removal from Australia if their claim is rejected.
In 2012, the Australian government announced that some asylum seekers liable to transfer to a third country would be released into the Australian community on bridging visas due to overcrowding in immigration detention facilities. These visas give them the right to live in the community and access basic services. However, as of December 2021, there were 2,352 "Irregular Maritime Arrivals" (IMAs) whose bridging visas had expired, leaving them with no access to services like Medicare, Centrelink payments, or other social services, and no permission to work.
The Australian Human Rights Commission has conducted national inquiries and site inspections focusing on the conditions and treatment of people in immigration detention. The Commission has made recommendations to the Australian government to protect the human rights of asylum seekers and refugees held in detention. The Commission has expressed concern over Australia's offshore detention policy, which involves transferring asylum seekers to other countries for processing of their claims. This policy has been widely criticised by civil society members.
The United Nations High Commissioner for Refugees (UNHCR) plays a crucial role in refugee status determination. UNHCR develops and delivers specialised RSD training for government staff and others involved in the asylum process. They also support the implementation of quality assurance initiatives and issue guidance documents to assist decision-makers in assessing international protection needs.
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Human rights and protection
Australia has obligations 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 arrive with or without a visa. As a party to the United Nations Refugees Convention, 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. This includes obligations 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).
The Australian Human Rights Commission seeks to ensure the protection of the human rights of all people held in immigration detention. The Commission has conducted national inquiries and site inspections focusing on the conditions and treatment of people in immigration detention across Australia. The reports of these inspections make recommendations to the Australian Government aimed at protecting the human rights of asylum seekers, refugees, and others held in immigration detention.
However, Australia's offshore detention policy has been widely criticized by civil society members. Australia is one of two nation-states that employ a policy of shifting potential asylum seekers to other nation-states for processing. This has resulted in thousands of people being held in closed immigration detention facilities, with some refugees living in poverty and suffering from mental health issues due to restrictions on access to financial support and other welfare services.
In recent years, there has been a shift towards increased use of community detention, with the Australian Government transferring substantial numbers of asylum seekers and refugees out of closed immigration detention into the community. Bridging visas have been implemented as a more humane way to treat people seeking protection, and there have been plans to move children out of immigration detention facilities. However, concerns remain about the indefinite nature of immigration detention in Australia, with some asylum seekers and refugees spending long periods of time waiting for their claims to be processed.
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Resettlement in other countries
Australia has a controversial policy of shifting asylum seekers to other countries for processing and resettlement. This policy has been criticised by civil society members and the Australian Human Rights Commission, which has sought to ensure the protection of the human rights of asylum seekers and refugees held in immigration detention.
In 2012, the Australian government announced that some asylum seekers who arrived at an 'excised offshore place' would be released into the Australian community on bridging visas due to overcrowding in immigration detention facilities. However, this was a temporary measure, and the government maintained its offshore detention policy.
Asylum seekers who arrive in Australia by boat without a valid visa are subject to mandatory detention and are not eligible for asylum. This has led to concerns about the conditions and treatment of people in immigration detention, with some individuals being detained for over 13 years.
The Australian government has also refused offers from other countries, such as New Zealand, to resettle refugees within their existing quotas. Instead, they have worked with countries like Papua New Guinea and Nauru to accommodate asylum seekers in exchange for financial aid.
While Australia has a Humanitarian Program for refugee resettlement, it is important to note that most refugees stay in a country near their country of origin, and only a few countries host almost half of the world's refugees. Refugees seeking resettlement in other countries often consider factors such as social networks, historical ties, and the respect for human rights and the rule of law in their destination country.
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Frequently asked questions
The Department of Home Affairs assesses whether an asylum seeker qualifies as a refugee. Asylum seekers who arrive in Australia without a valid visa must be held in immigration detention until they are granted a visa or removed from Australia.
Conditions in Australian detention centres have been criticised by civil society members. There is no time limit to detention and no independent review of whether asylum seekers should be detained. People are held even if they have never committed a crime.
Asylum seekers may be eligible for a Status Resolution Support Services payment. They can also receive $400 in cash from the Australian Red Cross each month.
In July 2019, it was estimated that there were about 30,000 people living in Australia who are ineligible for permanent residency because they came to the country by boat before 2014.
