CLCs Work with Asylum Seekers in Australia

Introduction

(May 2010)

 ◦ ◦ NSW: Refugee Advice & Casework Service (RACS) Immigration Advice & Rights Centre (IARC)  ◦ Qld: Refugee and Immigration Legal Service (RAILS)  ◦ Victoria: Refugee and Immigration Legal Centre (RILC)  ◦ Western Australia: Southern Communities Advocacy Legal and Education Service (SCALES)

 Government contracts –

IAAAS

 Donations  Attorney General/Legal Aid –

Public Purpose Fund

 Grants  NB - Substantial

Pro Bono

work



Immigration Advice & Application Assistance Scheme

(IAAAS) – government scheme  Organisations tender for an IAAAS contract  Currently approx 24 contractors in Australia  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  Staffed by Solicitor-Migration Agents  Rely upon Agents

Volunteer

Solicitor-Migration  ◦ ◦ ◦ Numerous volunteer Law Students Conduct research Provide administrative support Draft submissions and papers

 ◦ ◦ ◦

Protection Visa

(PV) applications Telephone advice Face-to-face advice Representation  Humanitarian requests to Minister of Immigration advice & assistance 

Judicial Review

(limited)  Referrals

 1951

Refugees Convention



Definition

of a

refugee,

Article 1A(2): The term "refugee” shall apply to any person who owing to a well founded 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.

 S 36

Migration Act

references the Refugees Convention

 Onshore Asylum Seekers (incl excised zones):  Asylum Seekers in community  Asylum seekers in detention: ◦ Villawood IDC ◦ ◦ ◦ ◦ ◦ ◦ Christmas Island IDF Darwin IDF Port Augusta IDF Brisbane ITA Melbourne Perth ITA IDF; etc

      

Afghans Iraqis Sri Lankans Iranians Chinese Palestinian

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

most

regions of the world

 Criteria for assistance – ◦  Means test (IAAAS requirement) issues re quality of commercial Migration Agents ◦  Merits test Include cases requiring high quality assistance

        ◦ Client Conferences; Trauma of clients Statement Preparation; Country Research; Legal Research; Submission drafting; Attend

Department of Immigration

IVs; Attend

Refugee Review Tribunal

Hearings etc

 ◦ Provide Training & briefings To solicitors, NGOs, community groups, students, etc  ◦ ◦ ◦ ◦ Policy and advocacy work Consultations with DIAC & RRT Senate Submissions Policy papers Sector consultations

 Multi-disciplinary cooperative sector (in Sydney, Australia & world)  Partnerships with commercial law firms, academics, NGOs, government, etc  Referrals  Service gaps  Lack of access to women?

 IARC – www.iarc.asn.au

 UNHCR – www.unhcr.org

 RefWorld – www.refworld.org

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

 MARA – www.mara.gov.au

     Over 90% our clients found to be refugees Over 90% our clients on refugees Christmas Island found to be 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