Lyla Lindsey
Refugees are people who are forced to leave their homes and countries in search of safety due to conflict, persecution, environmental degradation, poverty, and development. They often have to undertake dangerous journeys, leaving behind their families, friends, and belongings. In Australia, refugees and asylum seekers may arrive by boat or plane, and the country has obligations to protect their human rights, regardless of their mode of arrival or visa status. Australia's protection program offers 20,000 places per year, and in 2023-24, the majority of humanitarian entrants originated from Afghanistan, Syria, Iraq, and Myanmar.
| Characteristics | Values |
|---|---|
| Number of refugee and humanitarian visas granted | 20,000 |
| Countries with the most humanitarian entrants | Afghanistan, Syria, Iraq, Myanmar |
| Average length of detention | 806 days |
| Number of people in immigration detention facilities | 1,000+ |
| Number of asylum seekers transferred to Nauru and Manus Island | Several hundred |
| Number of refugees recognised or resettled in Australia over 10 years to December 2022 | 180,073 |
| Percentage of global total of refugees recognised or resettled by Australia | 0.75% |
| Top countries of origin for humanitarian entrants in 2023-24 | Afghanistan, Syria |
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What You'll Learn
Refugees from Afghanistan, Syria, Iraq, and Myanmar
Australia has welcomed refugees from many countries, including Afghanistan, Syria, Iraq, and Myanmar. In 2023-24, the country granted 20,000 humanitarian and refugee visas, with the majority of recipients coming from just five countries. This is in addition to those granted visas within Australia's Refugee and Humanitarian Program.
Afghanistan
Afghans have been migrating to Australia since the 1970s, but the total number remained relatively low until the mid-1990s. According to the 2021 Census, 51.8% of Afghan refugees arrived between 2011 and 2020, fleeing the rise of the Taliban and the subsequent US invasion. Afghan refugees often face challenges adjusting to Australia's individualistic culture, with many reporting feelings of social isolation. They may also experience post-migration stressors such as unemployment, limited English proficiency, discrimination, and anxiety for the safety of family members still in Afghanistan.
Syria
In 2015, the Australian government pledged to resettle 12,000 Syrian refugees, and by 2017, about half had been resettled. While many Syrian refugees have found life in Australia tough, with difficulties finding jobs and adapting to cultural differences, others have settled in Sydney and Melbourne, where there are already established refugee communities.
Iraq
In 2015, the Australian government also committed to resettling displaced people from Iraq, offering 6,380 visas under its Refugee and Humanitarian Program.
Myanmar
Myanmar has been one of the top three countries of origin for Australia's resettlement program for over a decade. By the end of June 2020, an estimated 40,630 people from Myanmar were living in Australia, with more than 27,000 resettled since 2006.
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Mandatory detention for asylum seekers
Australia has one of the world's strictest immigration detention regimes, with mandatory detention for asylum seekers. This means that asylum seekers are mandatorily detained while they "undergo an assessment process, including security and health checking, to establish if they have a legitimate reason for staying in Australia".
The Migration Reform Act 1992, which came into operation on 1 September 1994, established mandatory detention for asylum seekers (or "unlawful arrivals"). It was initially intended as a temporary measure by the Keating government. The Pacific Solution policy, which was implemented by the Howard government, tightened restrictions on illegal arrivals, resulting in a sharp drop in boat arrivals and the number of people detained. The Rudd government dismantled the Pacific Solution, but it was partially restored under the Gillard government in response to increased boat arrivals and reported deaths at sea.
The Migration Act 1958 (Cth) states that any non-citizen in Australia without a valid visa must be detained. These individuals can only be released from immigration detention if they are granted a visa or deported from the country. There is no time limit on how long someone can be held in immigration detention in Australia, and they cannot challenge their detention in court. This has resulted in people being detained for increasingly long periods, with an average detention time of 806 days. As of 31 January 2023, there were 1,061 people in immigration detention facilities in Australia, with an additional 516 people, including 146 children, living in the community after being approved for residence determination.
The Australian Human Rights Commission has expressed concern over the human rights violations that individuals in immigration detention are particularly vulnerable to. The Commission has called for an end to Australia's immigration detention system, as it breaches the country's human rights obligations. While the Commission acknowledges that immigration detention may be justified in certain cases, it believes that individuals should only be held in detention for a limited time if they pose an unacceptable risk to the community that cannot be managed through less restrictive means.
The health and well-being of refugees in Australia can be improved by allowing them to reunite with their families. However, the Australian government currently offers limited opportunities for family reunification.
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Refugees' right to family reunion
Refugees come to Australia from many countries, but in 2020-2021, most refugees were from Afghanistan, Iraq, Myanmar, or Syria.
Refugees in Australia often face the harsh reality of being separated from their families. This separation can cause significant mental anguish and negatively impact the health and well-being of refugees. Family reunion or reunification has gained attention from humanitarian organizations and scholars, who recognize the importance of family as a critical foundation of support and connection in society.
The Australian Government offers limited opportunities for refugees to reunite with their families. The primary pathway for family reunion among refugees in Australia is through the Special Humanitarian Program (SHP). This program allows refugees settled in Australia to propose relatives who may not meet the definition of a refugee but require protection. However, the availability of places in the SHP does not meet the demand, and there is no formal binding right to family reunion.
The high costs associated with the family reunification process in Australia, such as visa processing fees, medical tests, and airfares, pose a substantial financial burden on refugees. Additionally, the lengthy waiting times for family members to join them in Australia can prolong the pain of separation.
Oxfam Australia has advocated for the establishment of a new Humanitarian Family Reunion visa stream to facilitate family reunification for refugees. They argue that increasing Australia's humanitarian intake by allowing more families to reunite would have economic benefits for the country. Furthermore, reuniting families would alleviate the pressure on individuals in Australia to financially support their relatives in refugee situations overseas.
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Refugees' dangerous journeys to Australia
Australia's protection program offers 20,000 humanitarian and refugee visas per year, available to people via resettlement from other countries or by granting protection to those who apply for asylum within Australia. Refugees come from a variety of religious, ethnic, cultural, and linguistic backgrounds, with many arriving from countries such as Afghanistan, Iraq, Myanmar, Syria, Sierra Leone, and Vietnam.
The journey to Australia can be long and dangerous for refugees and asylum seekers. Australia, an island nation surrounded by oceans, is often reached by boat or plane. While those who arrive by plane are generally not subject to mandatory detention, those who arrive by boat without a valid visa are. The average length of detention is 806 days, and there is no limit to the amount of time a person can be detained.
The journey by boat can be treacherous, with cramped and unhygienic conditions onboard. One refugee recounted their experience: "Some people were vomiting it was so dirty in the boat the first night I slept it was dark and I woke up and I realized I slept on a baby's nappies." The fear and uncertainty of the journey are also evident in another refugee's account: "We risked our life to come here we didn’t know if we would survive the bad weather."
Even after a long and arduous journey, the challenges for refugees in Australia continue. They must navigate the trauma of losing their homes, communities, and families, often facing ongoing discrimination and prejudice in their new communities. Additionally, Australia offers limited opportunities for refugees to reunite with their families, impacting their health and well-being.
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Refugees' legal right to protection
Refugees and asylum seekers face many challenges, from fleeing their homes and communities to adapting to a new culture and language. They also face discrimination and may suffer from trauma. However, refugees have legal rights that protect them and their dignity.
The 1948 Universal Declaration of Human Rights states that refugees have the right to receive assistance, the right to protection from abuse, and the freedom to seek asylum. This declaration is the basis of all human rights laws and applies to everyone, regardless of their origin.
In Australia, the government has obligations under various international treaties to protect the human rights of refugees and asylum seekers within its territory or jurisdiction. These treaties include 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. Australia is also a signatory to the Refugees Convention, which defines a refugee as a person who, due to a well-founded fear of persecution based on race, religion, nationality, social group membership, or political opinion, is outside their home country and unable or unwilling to return.
According to the Australian Red Cross, it is not illegal for refugees to seek asylum in Australia, even if they arrive by boat without a valid visa. Everyone has the right to seek asylum from persecution, and Australia's protection program offers 20,000 places per year for resettlement or granting protection to those seeking asylum within the country. However, those who arrive by boat without a valid visa are subject to mandatory detention, and there is no legal limit to the length of this detention. This has led to concerns from human rights organizations about Australia's immigration detention system.
In summary, refugees have legal rights to protection under international law, and Australia, as a signatory to key conventions, has obligations to respect and protect the human rights of refugees and asylum seekers within its jurisdiction. While Australia offers resettlement and protection opportunities, there are concerns about the mandatory and indefinite detention of those who arrive by boat without valid visas.
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Frequently asked questions
No, it is not illegal to seek asylum from persecution. It is also not a crime under Australian law to arrive by boat without a valid visa and ask for protection. However, all people who arrive by boat without a valid visa are subject to mandatory detention.
No. Many people arrive by plane with a valid visa and then claim asylum. People who arrive by plane are generally not subject to mandatory detention.
In 2023-24, Australia granted 20,000 refugee and humanitarian visas. The majority of these people came from Afghanistan, Syria, Iraq, Myanmar, and Syria.
Refugees undergo health, identity, and security checks. They are detained indefinitely until they are granted a visa or removed from the country. Refugees often have to learn a foreign language, understand a different culture, and become qualified for work.
