CLCs` work with Asylum Seekers & Refugees in Australia

CLCs Work with Asylum Seekers in Australia

Introduction

(May 2010)

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NSW:

◦ Refugee Advice & Casework Service (RACS) ◦ Immigration Advice & Rights Centre (IARC)

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Qld:

◦ Refugee and Immigration Legal Service (RAILS)

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Victoria:

◦ Refugee and Immigration Legal Centre (RILC)

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Western Australia:

◦ Southern Communities Advocacy Legal and Education Service (SCALES)

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Government contracts – IAAAS

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Donations

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Attorney General/Legal Aid – Public Purpose

Fund 

Grants

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NB - Substantial Pro Bono work

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Immigration Advice & Application Assistance Scheme (IAAAS) – government scheme

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Organisations tender for an IAAAS contract

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Currently approx 24 contractors in Australia

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Under IAAAS - asylum seekers in the community & detention eligible for free assistance from a Contractor’s migration agent. ◦ Community – means tested ◦ Detention – not means tested

Demand greater than resources  

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Staffed by Solicitor-Migration Agents Rely upon Volunteer Solicitor-Migration Agents Numerous volunteer Law Students ◦ Conduct research ◦ Provide administrative support ◦ Draft submissions and papers

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Protection Visa (PV) applications ◦ Telephone advice ◦ Face-to-face advice ◦ Representation

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Humanitarian requests to Minister of Immigration -

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Judicial Review (limited)

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Referrals

advice & assistance

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1951 Refugees Convention

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Definition of a refugee, Article 1A(2): The term "refugee” shall apply to any person who owing to a wellfounded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his/her nationality and is unable, or owing to such fear, is unwilling to avail him/herself of the protection of that country; or who, not having a nationality and being outside the country of his/her former habitual residence, is unable or, owing to such fear, is unwilling to return to it.

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S 36 Migration Act

references the Refugees Convention

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Onshore Asylum Seekers (incl excised zones):

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Asylum Seekers in community

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Asylum seekers in detention: ◦ ◦ ◦ ◦ ◦ ◦ ◦

Villawood IDC Christmas Island IDF Darwin IDF Port Augusta IDF Brisbane ITA Melbourne ITA Perth IDF; etc

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Afghans Iraqis Sri Lankans Iranians Chinese Palestinian

People from most regions of the world including the African continent, Middle East, South Asia, North & East Asia, South East Asia, Eastern Europe, South Americas, Pacific, etc

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Criteria for assistance – ◦ Means test (IAAAS requirement)  issues re quality of commercial Migration Agents

◦ Merits test  Include cases requiring high quality assistance

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Client Conferences; ◦ Trauma of clients

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Statement Preparation; Country Research; Legal Research; Submission drafting; Attend Department of Immigration IVs; Attend Refugee Review Tribunal Hearings etc

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Provide Training & briefings ◦ To solicitors, NGOs, community groups, students, etc

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Policy and advocacy work ◦ ◦ ◦ ◦

Consultations with DIAC & RRT Senate Submissions Policy papers Sector consultations

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Multi-disciplinary cooperative sector (in Sydney, Australia & world) Partnerships with commercial law firms, academics, NGOs, government, etc

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Referrals

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Service gaps

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Lack of access to women?

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IARC – www.iarc.asn.au

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UNHCR – www.unhcr.org

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RefWorld – www.refworld.org

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Refugee Review Tribunal – www.mrt-rrt.gov.au

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MARA – www.mara.gov.au

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Over 90% our clients found to be refugees Over 90% our clients on Christmas Island found to be refugees In 2009 - 16 million refugees in world Major refugee-hosting nations in 2008: ◦ Pakistan (1.8 million); Syria (1.1 million); Iran (980,000); Germany (582,700), Jordan (500,400); Chad (330,500); Tanzania (321,900); and Kenya (320,600). Asylum claims lodged in 2009: ◦ Europe - 286,700 ◦ USA/Canada - 82,300 ◦ Australia/New Zealand - 6,500

There is no ‘queue’ to jump, simply blockages around the world