Professional Documents
Culture Documents
Australias Response
June 2011
Commonwealth of Australia 2011 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth. Requests and inquiries concerning reproduction and rights should be addressed to the Commonwealth Copyright Administration, Attorney-Generals Department, Robert Garran Ofces, National Circuit, Barton, ACT 2600 or posted at www.ag.gov.au/cca. ISBN 978-1-921662-03-4 ISBN 978-1-921662-04-1 (online version) How to provide feedback on this publication The department welcomes your feedback on this publication. Please send any comments tohumanitarian.branch@immi.gov.au. Cover photo credits Front: Congolese refugees who have been living in the Burundian refugee camp of Gihinga, population2400, since 2004 UNHCR / C. L. Grayson / September 2006 Back: thousands of internally displaced people ee the area surrounding Kibati, north Kivu, in the Democratic Republic of Congo UNHCR / P. Taggart / November 2008
Contents
Chapter One: Australias role in international protection Chapter Two: Australias Humanitarian Program Chapter Three: Protectionthe onshore component of the Humanitarian Program Chapter Four: Resettlementthe offshore component of the Humanitarian Program Chapter Five: Adjusting to a new life in Australia assistance for humanitarian visa holders 7 19
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Foreword
Australians generally consider themselves fortunate. We live in a country that champions democratic principles and provides opportunities for individuals to succeed through education, training andemployment. Australias Humanitarian Program is a great example of this countrys compassion and willingness to help others. Through it we demonstrate our commitment to protect and support those who nd themselves in less fortunate circumstances thanourselves. In return for opportunities provided to them, humanitarian entrants have contributed to our nation in many different ways. They have gained employment, commenced businesses that employ others, played in our sporting teams, shared their life experiences through art and entertainment, and contributed to our cultural enrichment. It is very important that we recognise and celebrate theseachievements. Refugee issues are the subject of much debate, particularly in relation to boat arrivals. It is important in any debate on these issues that we have our facts right and that we have the complete picture. An informed discourse is critical to evolving and progressing public policy, and I sincerely welcome constructive discussion in thisarea. This booklet contains an excellent overview of the background and issues surrounding Australias response to global humanitarian crises. It includes personal accounts from some recent arrivals, details of their journeys, the grave situations they faced in their home countries and the challenges ofresettlement. This year, we and our international partners celebrate the 60th anniversary of the United Nations 1951 Convention relating to the Status of Refugees. Australia was the sixth country to ratify the convention and since that time we have played an important role in increasing the capacity of the global community to respond to refugee and humanitariansituations.
It is particularly important that Australians take pride in what we, as a nation, have done to help the more than 750 000 people who have come to Australia as humanitarian migrants since the end of World War II. These are people who have ed from unspeakable atrocities and suffering, who have sought our protection, and whom we have assisted to rebuild their lives and their childrens lives inAustralia. I encourage everyone who is keen to gain a comprehensive understanding of refugee and asylum seeker issues, to read thisbooklet.
DIAC / N. Holt
Gauri and her husband were among those forced to ee to Nepal. After leaving their home in 1992, they spent almost 17 years living as refugees in Nepal. During this time Gauri, who had trained as a nurse, worked for Save the Children UK as a health worker and training coordinator in a Bhutanese refugeecamp. In 2009, Gauri and her family were granted visas for resettlement in Australia. Having been active in the refugee camp community, Gauri was keen to continue to volunteer and quickly became involved with the Migrant Resource Centre where she now works parttime. Gauri has continued to work in healthcare, rst on a campaign with the Hepatitis C Council of South Australia to raise awareness on liver friendly food, and now for the Migrant Health Service as a community health worker, a job that she says makes her very happy because she is able to helppeople. Gauri has pursued further education since arriving in Australia, adding a CerticateIV in Community Services to her masters in community health nursing. Along with her husband she has bought a house and her son is studying to be a chef, a future that they could never have hoped for living asrefugees. I would like to say thank you to the Australian people for your sensitivity and support. Australians are very kind people, we can talk freely without being worried, we are relaxed, safe.
The Refugee Experience Common experiences for refugees include seeing their homes and communities destroyed and spending many years living in refugee camps or in volatile urban situations. Mobility and opportunities for employment are limited, and displaced people often do not have access to health or education services. Many have been subjected to rape and torture, witnessed friends and family being murdered or been separated from family when eeing theirhomes. These experiences are impossible to forget, but Australia contributes in many ways to ensure a safe and peaceful future for refugees and theirfamilies.
A mother carries her children in eastern Democratic Republic of the Congo. Forcibly displaced women face grave threats and abuse in the volatile region. MONUC/M.Frechon/September2008
Central Africa and Great Lakes East and Horn of Africa Southern Africa West Africa Middle East and North Africa Asia and Pacic Americas Europe Total
945 200 779 200 143 400 149 000 1 962 400 2 666 600 519 100 1 641 900 8 806 800
969 300 813 100 143 400 149 000 2 005 900 3 856 000 812 300 1 647 500 10 396 500
Source: UNHCR Statistical Yearbook 2009 (published December 2010) Note: gures do not include 4.8million Palestinian refugees in the Middle East, who are protected under the mandate ofUNRWA.
Australia and UNHCR The UNHCR was established by the United Nations General Assembly on 14December1950. The agency is mandated to lead and coordinate international action to protect refugees and resolve refugee problems worldwide. Its primary purpose is to safeguard the rights and wellbeing of refugees. Itstrives to ensure that everyone can exercise the right to seek asylum and nd safe refuge in another state, with the option to return home voluntarily, integrate locally or to resettle in a third country. It also has a mandate to help statelesspeople. Australia has a long history of supporting UNHCR and the international protection of refugees. Australia was a member of the United Nations Advisory Committee on Refugees (19511954) and of the United Nations Refugee Fund (UNREF) Executive Committee (19551958) before joining UNHCRs Executive Committee at its inception in1958. For more information about UNHCR and the RefugeesConvention, please visit www.unhcr.org.
Author and UNHCR Goodwill Ambassador, Khaled Hosseini, hears how refugees returning from Iran and Pakistan get mine awareness training, medical assistance, legal aid and a start-up cash package when they arrive in UNHCR centres. UNHCR/T. Irwin/September 2007
A young Afghan girl shows the Voluntary Repatriation Form that her family was given when they returned from Pakistan. UNHCR/R. Arnold/March 2009
Local integration in the country of rst asylum. This may be an option if voluntary repatriation is not possible. Helping countries of rst asylum to increase their capacity to offer longterm protection helps to stabilise the situation for refugees. It also increases the likelihood that refugees may be permitted to remain in the country of asylum permanently. Because the countries of rst asylum are usually in the same region as the refugees home country, cultural ties can make the integration processeasier. Resettlement in a third country is used to provide protection to refugees whose life, liberty, safety, health or fundamental human rights are at risk in their country of asylum. This option is normally only promoted by UNHCR when returning to their home country or local integration may not be suitable, or as part of a responsibility sharing arrangement. Due to the number of ongoing protracted refugee situations, resettlement has become a key element in the system of international refugee protection. During 2009, UNHCR submitted more than 128000 refugees for consideration by resettlement states. A total of 84000 of those referred by UNHCR were accepted and, along with people accepted for family reunion or under other humanitarian programs, around 112400 refugees were resettled in 19 resettlement countries, including the United States of America (79900), Canada(12500), Australia (11100), Sweden (1900) and Norway (1400). (UNHCR Statistical Yearbook 2009, December 2010)
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Refugee children from Burma wait at the UNHCR ofce in Kuala Lumpur, Malaysia, for a resettlement interview for the Czech Republic. Australia has been a strong supporter of emerging resettlement countries through forums such as UNHCRs Working Group on Resettlement. UNHCR/Y. Ismail/July 2008
Australia is also an active participant at the Annual Tripartite Consultations on Resettlement (ATCR), which was formed in 1995. The consultations bring together UNHCR, resettlement states and nongovernment organisations (NGOs), providing the opportunity to address a range of policy and procedural matters, including advocacy, capacity building and operational support. In addition to the yearly ATCR meeting, there are two Working Group on Resettlement (WGR) meetings each year. The WGR meetings focus on policy and operational issues relating to resettlement, such as caseload specic issues and the challenges faced by emerging resettlement countries. States chair the ATCR/WGR meetings on a rotating basis, working with an NGO partner from the same country. Australia will take over the chair of ATCR/WGR in July2011 with the Refugee Council of Australia as the partnerNGO.
These meetings also provide a forum for planning cooperative action on refugee issues by resettlement states and UNHCR. A range of policy responses have been generated by the working groups that have resulted in effective strategies to unlock a number of challenging protracted refugee situations, including: Commencement of a joint large-scale resettlement of Bhutanese refugees in Nepal following a decade of political deadlockAustralia has been a key participant in the Bhutanese Core Group, rst established in 2005 to resolve the impasse between the governments of Bhutan and Nepal over the plight of Bhutanese refugees in Nepal as a protracted situation. The efforts of the Bhutanese Core Group in engaging with the Government of Nepal have paved the way for largescale Bhutanese refugee resettlement in Australia and other countries since2008. Joint resettlement activity for Burmese Rohingya in BangladeshAustralia has been an active participant in the steering group focusing on the plight of Rohingya refugees, who have languished in camps in Bangladesh for decades. The Rohingya have been stripped of their citizenship by the Burmese Government and face severe persecution if they attempt to return home. Anumber of strategies have been implemented to improve conditions for the Rohingya, including the provision of new housing, health and education services in the camps. Durable solutions such as local integration and the resettlement of a small number of refugees in particular need of protection are also being explored. Australia has resettled small numbers of Rohingya refugees since200809. Working in cooperation with other resettlement countries and UNHCR on a number of priority refugee situations. These refugee situations have been identied by UNHCR as in need of a focused, coordinated approach by resettlement states to nd ways to assist refugees in the country of asylum and to develop robust strategies that will help identify viable and durablesolutions. In addition to participating in broader international forums, Australia is a leader in refugee policy and action within our own region. Because refugees and other displaced people are particularly vulnerable to exploitation by people smugglers and people trafckers, Australia has reinvigorated efforts to work closely with countries in our region to address the challenges of people smuggling and ensure that refugees are not subjected to dangerous sea journeys. This includes: commitment to working with regional partners through the Bali Process on People Smuggling, Trafcking in Persons and Related Transnational Crime practical support for the care of people intercepted in transit countries while any claims for protection are considered the development of a Regional CooperationFramework.
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Regional Cooperation Framework Recognising that irregular migration is a global issue requiring an international response, on 30March2011, ministers at the 4th Ministerial Conference of the Bali Process on People Smuggling, Trafcking in Persons and Related Transnational Crime agreed to establish a regional cooperation framework to enhance the regions response to irregular migration. This is a key milestone in the regions response to this challenge and demonstrates a clear recognition by Bali Process members of the need for cooperative international arrangements to improve the treatment of asylum seekers and to undermine the people smuggling trade. The framework promotes enhanced consistency in asylum processing, sustainable return of people found not to be owed protection and durable solutions for those determined to berefugees. Its establishment reects the culmination of signicant Australian diplomacy to engage with key regional partners and international organisations to secure the endorsement of a cooperative approach. It also builds upon a UNHCR discussion paper on regional cooperative approaches to refugees, asylum seekers and irregular migration that was considered in November 2010 at a Bali Processworkshop. The regional cooperation framework is based on the concept of burdensharing and cooperation between source, transit and destination countries. The framework lays the foundation for the implementation of practical arrangements to undermine people smuggling and create disincentives for irregular movement. On 7May2011, the Governments of Australia and Malaysia announced they would enter into a burdensharing arrangement as an initial step under the regional cooperationframework. Representatives from 32 member countries of the Bali Process have agreed to work to develop the detailed practical arrangements that will underpin the framework, whether they are bilateral arrangements between participating states, or broader subregional activities. Australia will continue to work closely with regional partners and international organisations to examine and develop the measures that might be implemented in the nearterm. Details of the framework, set out in the Bali Process CoChairs Statement, are available from the BaliProcess website at www.baliprocess.net.
Classes provided by UNHCR in one of the elementary schools for Congolese refugees in the Kala refugee camp, Zambia, with instruction in French to ease their return home. UNHCR/J. Redden/March 2006
Australia provides approximately 150 000 wheat equivalent tonnes of food assistance every year to people in crisis in countries such as Burma, Niger, Pakistan and Sri Lanka. Australias humanitarian aid program includes projects targeting disaster risk reduction and preparedness; conict prevention, management and reduction; peace building; and postemergency recovery and reconstruction. In 201112, AusAID has committed around $325million for humanitarian, emergency and refugee programs (Portfolio Budget Statements 201112: Department of Foreign Affairs and Trade, May 2011).
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Bhutanese refugees in Sanischare camp, Nepal. While UNHCRs main focus is the provision of primary education, the UN refugee agency also tries to facilitate the access to secondary and tertiary education, mainly through scholarship programs. UNHCR/J. Rae/December 2007
Australia also contributes to the longterm resolution of refugee situations and the stabilisation and protection of displaced populations through the Displaced Persons Program. In 200910, Australias assistance included projects delivered through international organisations and NGOs such as: support for a longterm strategy for protection capacity building in Indonesia assistance for vulnerable returnee families in Afghanistan medical support for registered refugees in Iran care and maintenance of Afghan refugees in Pakistan improvement of basic living conditions for Rohingya refugees in Bangladesh reinforcing UNHCR registration and refugee statusdetermination.
Asylum
The onshore component of Australias Humanitarian Program fulls Australias obligations under the RefugeesConvention and the 1967Protocol by granting Protection visas to applicants within Australia who are found to be refugees. Further information is provided in ChapterThree.
Resettlement
Some countries receive large numbers of asylum seekers, and focus their efforts on assisting those who claim their protection under the RefugeesConvention. As Australia receives comparatively few asylum seekers, we go beyond our international obligations and work closely with UNHCR to help protect refugees in other countries throughresettlement.
Australia is one of just a handful of countries that operate wellestablished and successful resettlement programs. Our program is designed to help people who are in greatest need and is one of the largest of its kindAustralia, Canada and the United States are the top three resettlement countries in the world. In addition to the countries with consistent programs, others also resettle refugees on a less regular basis. This means the total number of resettlement countries changes from year to year, with 19 countries resettling a total of 112400 people in2009. Australias refugee caseload varies over time, to reect changes in the global refugee situation. The Humanitarian Program offers resettlement to refugees and others overseas who have links to Australia, who are subject to human rights abuses in their home countries, are in need of assistance and for whom other durable solutions cannot befound. Working closely with our international partners is critical to the success of our resettlement program, and Australia has responded on a number of occasions to UNHCR appeals seeking emergency assistance with specic refugee caseloads in urgent need of protection. Recent examples are: Australia is resettling Somali refugees who have been stranded in isolated desert camps in Eritrea for many years in 2009, Australia, together with other resettlement countries, cooperated to resettle Palestinian Iraqi families trapped in desolate camps on the border of Iraq andSyria. Since 2010, the government has signicantly increased resettlement of refugees within our region. This recognises the increase in asylum seekers arriving from outside the region, and the need for countries to work cooperatively to share the burden of refugeeprotection. Further details are provided in ChapterFour. Figure 2: Third-country resettlement of refugees by destination in 2009*
United States 79900 Canada 12500 Australia** 11100 Germany 2100 Sweden 1900 Norway 1400 Other (13countries) 3500 Total 112400
Source: UNHCR Statistical Yearbook 2009 (published December 2010) * UNHCR statistics are based on a calendar year, while Australian statistics are based on the nancial year. Statistics for the USA, Canada and Australia may also include persons resettled for the purpose of family reunion or under other humanitarian programs. ** In the 200910 program year Australia resettled 9236 people from overseas and granted 4534 visas to onshore protectionapplicants.
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Afghan refugees in Roghani camp, near Chaman in Pakistan. UNHCR/P. Benatar/December 2001
was 1975, with civil war compelling 18000 Lebanese to migrate to Australia and the end of the Vietnam War sparking massive outows of Lao, Cambodian and Vietnamese refugees seeking asylum in SouthEast Asia and directly inAustralia. The Indochinese refugee crisis prompted the government of the time to introduce a clear refugee policy and administrative machinery in 1977. Before this, Australias approach to refugee resettlement was largely to respond to specic international events as theyarose. The key components of the new policy announced by the then Immigration Minister Michael MacKellar were: the decision to accept refugees should always remain with the Australian Government while honouring our international obligations Australia should increasingly engage with the international community to resolve global refugee issues a regular and planned Humanitarian Program should be established, based on community consultation and Australias capacity to assist (there was recognition that unlike other migrants, refugees need a program specically tailored to their special needs) enhanced administrative mechanisms to deal with refugee issues should be established, with the Department of Immigration and Ethnic Affairs (the portfolio at the time) as the lead agency an efcient and fair mechanism to determine onshore protection claims should beestablished. These basic principles have remained fundamental to Australias refugee policy for more than 30 years and have been exible and robust enough to respond to evolvingcircumstances.
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Vietnamese Cambodians Sri Lankans Sudanese. The major growth in the SAC program occurred after the SAC for citizens of the former Yugoslavia wasintroduced. In January 1993, the government separated the Humanitarian Program from the Migration Program to provide a better balance between Australias international humanitarian objectives and the domestic, social and economic goals guiding the annual MigrationProgram. In 199596, SACs provided visas to 6910 people and more than half of the Humanitarian Program comprised either SAC or onshore protection grants. A review of the SAC program in 1996 determined that all the categories would be gradually brought to a close by the end of2001. Other changes introduced in the 1990s included: linking the onshore and offshore components of the Humanitarian Program in 1996 to improve program management incorporating split family provisions within the SHP in 1997 to enable permanent refugee and humanitarian visa holders to propose members of their immediatefamily. Since the end of the 1990s there have been many changes for the Humanitarian Program. A spike in the number of people arriving in Australia by boat and applying for asylum in 19992000 led to a range of operational and legislative measures introduced in 1999 and 2001. These included: penalties for people smugglers Temporary Protection visas (TPVs) the excision of some Australian territory from the migration zone the offshore processing of asylum seekers who arrived at theselocations. Following the 2007 federal election, the incoming government closed the Offshore Processing Centres on Nauru and in Manus Province in Papua New Guinea and abolished TPVs. While maintaining excision, the government also enhanced the processing arrangements for asylum seekers arriving at excised Australian territories. These arrangements include access to publicly funded migration assistance, access to independent merits review and oversight by theOmbudsman.
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In 2011, the government made further changes to reception and processing arrangements for irregular maritime arrivals. The rst is a new streamlined Protection Obligations Determination (POD) process to assess asylum claims made by irregular maritime arrivals. The new framework is intended to ensure cases are resolved as quickly as possible while continuing to provide procedural fairness and access to independent merits review. The second change is designed to discourage people from risking their lives in the dangerous sea journey to Australia, by no longer guaranteeing that asylum claims would be assessed in Australia. Further details are provided in ChapterThree.
4 5 6 7 8 9 1 2 3 12 14 15 10 11 16 13
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1. More than 3400 people from Sierra Leone resettled since1999 2. Around 3000 Liberians resettled since 2004 3. More than 2800 Congolese (Democratic Republic) since 2005 4. 170 000 displaced persons from Eastern Europe between 1947 and 1954 5. Almost 6000 Czechs resettled after the Prague Spring in 1968 6. 14 000 Hungarians resettled after the 1956uprising 7. Around 42 000 people resettled from theformer Yugoslavia since 1991 8. 18 000 Lebanese resettled after the 1975civil war 9. Around 29 000 Sudanese resettled since1996
10. More than 3600 Ethiopians resettled since2000 11. More than 3500 Somalis resettled since1996 12. Around 52 000 people resettled from the Middle East and South West Asia since thelate 1970s 13. 14 000 White Russians from China resettled between 1947 and 1985 14. Nearly 2700 Bhutanese resettled since2008 15. Almost 12 000 Burmese resettled since 2004 16. More than 155 000 Vietnamese resettled since 1975 17. More than 16 000 people from Central and South America resettled since 1973
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Figure 5: Protection visa applications lodged (non-IMA) and refugee status determination requests (IMA) in 200910 by top ve countries of citizenship
Citizenship China (PRC) Fiji Iran Zimbabwe Pakistan Other Total PV applications lodged (non-IMA) 1288 559 376 371 342 3042 5978 Citizenship Afghanistan Sri Lanka Stateless Iraq Iran Other Total Refugee status determination requests (IMA) 2654 920 457 252 198 116 4597
Refugee status determination in Australia for irregular maritime arrivals Changes to Australias refugee status determination process for IMAs commenced on 1 March 2011, to ensure a more robust and efcient process for resolving asylum seekers claims. The Protection Obligations Determination (POD) process replaced the refugee status assessment process used for IMAs. The changes were in response to the High Courts decision of 11November2010 that all IMAs are able to seek judicial review of a negative assessment of their claims for refugeestatus. The process consists of two parts: a Protection Obligations Evaluation (POE) conducted by a departmental ofcer and an Independent Protection Assessment (IPA) conducted by an independent protection assessor. All IMAs are assisted by a migration agent to prepare their statement of claims and any submissions to support theircase. Where the ofcer considers the person is owed protection under the RefugeesConvention, a recommendation will be made to the Minister to allow the lodgement of a Protection visa application. The grant of a Protection visa is subject to the applicant meeting other immigration criteria such as health, character andsecurity. If the POE ofcer concludes that they are not satised that the person is owed protection, the case will be immediately referred to an independent protection assessor for anIPA. The independent protection assessor will consider the case and make a recommendation as to whether a person is or is not owed protection. The independent protection assessor will conduct a further interview, unless they are in a position to make a recommendation that the person is owed protection based on the information available tothem.
Protection visas
A person who applies for a Protection visa is asked to explain in writing the reasons why they are seeking asylum. The Immigration Advice and Application Assistance Scheme (IAAAS) helps asylum seekers who are in detention, or who are disadvantaged, with immigration advice or assistance in preparing theirapplications. After an application is lodged the case is assigned to a trained departmental ofcer and the person is invited to attend an interview to discuss their claims and provide further information ifrequired. The claims made by the person are then assessed against the criteria contained in the RefugeesConvention and, in accordance with Australian legislation, case law and uptodate information on conditions in the applicants country of origin. For procedural fairness, applicants are given a chance to comment on any information under consideration that may be adverse to their case and to update their claims if conditions in their country of originchange. Information consulted by decisionmakers comes from a range of sources: the departments Country Research Service, which gathers information from sources such as the international media, academics, international agencies, human rights groups, Australian immigration ofces overseas and foreign governments relevant departmental guidelines and advice on the law, policy and procedures the applicants visa application and any further comments provided in writing or in an interview (with the assistance of an interpreter if necessary). In general, the department aims to reach a decision on Protection visa applications within 90 days of receipt. Sometimes this is not possible, including for reasons outside the departments control such as delays caused by the applicant or in obtaining health, security or characterclearances. Figure 6: Protection visas granted in 200809 and 200910
Program year 200809 200910 Non-IMAs 2173 2367 IMAs 209 2148 Total 2382 4515
Source: Department of Immigration and Citizenship Note: shows nally determined grants after review processes have beencompleted.
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Figure 7: Protection visa grants and grant rates in 200910 by top ve countries of citizenship
Citizenship China (PRC) Zimbabwe Pakistan Iran Sri Lanka Other Total Non-IMAs 492 255 212 211 190 1007 2367 Grant rate 42.1% 85.3% 83.8% 97.7% 76.0% 41.2% 51.1% Citizenship Afghanistan Sri Lanka Stateless Iraq Iran Other Total IMAs 1425 315 170 134 64 12 2120 * Grant rate 90.5% 84.2% 88.1% 85.9% 92.8% 66.7% 88.9%
Source: Department of Immigration and Citizenship Note: shows nally determined grants after review processes have been completed. * Due to the different methodologies employed, the count of Protection visa grants to IMAs in this table varies by 28 persons from the ofcial total in Figure6.
Review rights
If a Protection visa application is refused, the applicant may apply to the Refugee Review Tribunal (RRT) for a review of the merits of the case, or to the Administrative Appeals Tribunal (AAT) if the application was refused for character reasons. Applications for review must be lodged within 28 days of the primary decisionnotication.
During 200910, the RRT upheld the departments decision in 75percent of all cases for review decided, while 25percent were either referred to the department for reconsideration or set aside. Further information is available at www.mrtrrt.gov.au.
Judicial review
Unsuccessful applicants may also appeal to the courts in certain circumstances. Judicial reviews are available to consider whether legal errors occurred during the decisionmaking process, but not to reconsider the claims made by anapplicant.
Ministerial intervention
The Minister for Immigration and Citizenship has a set of powers under section 417 of the Migration Act 1958 which allows the grant of a visa, if it is in the public interest, to certain people who have been found by a review tribunal not to satisfy the criteria for a Protection visa. These powers are called the public interest powers or, more commonly, ministerialintervention. Through this process Australia meets it obligations under a number of international treaties to afford protection to people who are not refugees but who nevertheless may not be returned to their country of origin because they would face a real risk of torture or cruel, inhuman or degrading treatment or punishment or violation of the right tolife. These treaties are the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights and the Convention on the Rights of theChild. The Minister may grant a visa under this process for a range of reasons. Very few Protection visas are granted through thisprocess.
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Other services are also provided to support eligible asylum seekers living in the community, and clients in community detention, to access basic and essential health and mental health services and to source culturally appropriate links and essential services in thecommunity.
A Rohingya refugee woman from Myanmar collects drinking water from a spring on a nearby hill. Concentration of large numbers of refugees often imply a overuse of limited water-resources, that exposes refugee/IDP populations and host community to health and security concerns. CoxsBazaar District, Bangladesh. UNHCR/G.M.B.Akash/June2006
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Refugee category
The Refugee category assists people who are subject to persecution in their home country and have a strong need for resettlement. Persecution may be targeted on the basis of race, nationality, religion, membership of a particular social group or political opinion and involve harassment such as arbitrary arrests and interrogation, detention, damage to property, physical abuse including assault and, in extreme cases, torture. In selecting people under this category Australiaworks closely with UNHCR which refers most of the successful applicants for resettlement inAustralia. The visa subclasses within the Refugee category are: Refugeefor applicants who have ed persecution in their home country and are living outside their home country In-country Special Humanitarianfor applicants living in their home country who are subject to persecution
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Palestinian refugee boy from Baghdad living in no mans land between the Iraqi and Syrian border at Al Tanf Refugee Camp. UNHCR/J. Wreford/January 2007
Emergency Rescuefor applicants who are living in or outside their home country and who are in urgent need of protection because there is an immediate threat to their life and security Woman at Riskfor female applicants and their dependants who are subject to persecution or are people of concern to UNHCR, are living outside their home country without the protection of a male relative and are in danger of victimisation, harassment or serious abuse because of their gender. This subclass recognises the priority given by UNHCR to the protection of refugee women who are in particularly vulnerablesituations. In 200910, 13.4percent of the Refugee category allocation was granted to Woman at Risk applicants, exceeding the nominal annual target of 12percent (seeFigure 9). Since the Woman at Risk visa subclass was established in 1989 a total of 10 404 Woman at Risk visas have beengranted. The Australian Government fully funds the travel for successful applicants under the Refugeecategory.
Croatia Iraq Liberia Iraq Iraq Burundi Congo (Democratic Republic) Congo (Democratic Republic) Iraq Congo (Democratic Republic)
Bosnia and Herzegovina Sudan Iraq Liberia Sierra Leone Burma Burundi
200708
819
13.7%
6 004 Afghanistan
Burma
Iraq
Somalia
200809 200910
788 806
12.1% 13.4%
Burma Afghanistan
Somalia Iraq
Source: Department of Immigration and Citizenship Note: this table measures Woman at Risk grants as a proportion of all Refugee visas granted
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Amina ed Tripoli with her son and husband after gangs looted their house and threatened them with violence. UNHCR/A.Braithwaite/2011
The International Organization for Migration Established in 1951 as an intergovernmental organisation to resettle European displaced persons, refugees and migrants, the International Organization for Migration (IOM) has now grown to encompass a variety of migration management activities throughout the world. Acting with its partners in the international community, IOM upholds the human dignity and wellbeing of migrants; encourages social and economic development through migration; assists in meeting the operational challenges of migration and advances understanding of migrationissues.
Source: IOM website
Assessment of an application
People who apply for resettlement in Australia must meet criteria set down in Australian law. Each applicant is individually assessed against these criteria, which are designed to ensure that visas are granted to applicants with the most compelling need for humanitarian resettlement. Requirements also include health, character and national security checks. Applicants must be outside Australia when they apply and when the application isnalised. While all refugee applications are processed by Australian immigration staff in overseas ofces, most SHP applications from people in Africa and the Middle East (including South West Asia) are lodged at the departments Offshore Humanitarian Processing Centres in Sydney and Melbourne. After initial assessment, these applications are either declined or referred to the appropriate overseas ofce for further processing. For details on application lodgement procedures please refer to the departments website www.immi.gov.au/visas/humanitarian. Figure 10: Number of applications lodged for the past ve program years
200506 Refugees Special Humanitarian Total 12 090 69 592 81 682 200607 19 957 60 329 80 286 200708 12 880 34 451 47 331 200809 12 453 34 457 46 910 200910 12 552 34 570 47 122
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A twenty-eight year-old mother proudly holds her ve-year-old daughter in their modest shelter in Erbil, Iraq. She is an Arab Shia who relocated from Baghdad to the Kurdish region with her Kurdish husband in 2004. Her husband died last year in a car accident while she was pregnant with her second child. She survives thanks to charity and her salary as a cleaner in a sewing centre. UNHCR/H. Caux/2010
Family reunion
During humanitarian crises and ights to safety, families sometimes become separated. The Humanitarian Program provides a means for separated immediate family members of humanitarian entrants to reunite with their family inAustralia. An immediate family member is either the proposers spouse, dependant child or, ifthe proposer is not 18or more years of age, the proposersparents. If prior to visa grant a humanitarian visa holder declared the details of their immediate family to the department the visa holder can propose their family for family reunion under the split family provisions, provided the application is made within ve years of their visa being granted. Eligible family members do not need to meet the persecution or substantial discrimination criteria, but they must prove that they have an immediate family relationship and meet the health, character and national securityrequirements. Applicants accepted under these provisions are usually granted the same visa subclass as their immediate family member in Australia. Holders of Protection or Resolution of Status visas are also eligible to be reunited with immediate family members under the Humanitarian Program. These applicants are granted SHPvisas.
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Applicants who do not meet the family reunion criteria are also assessed against the SHP and Refugee categories to determine whether they meet the persecution and substantial discrimination criteria in their own right. SHP applicants do not need to prove an immediate family relationship to the proposer, but the proposer must undertake to help the applicant meet the cost of travel to Australia and provide initial settlement assistance after theyarrive. Humanitarian entrants may also apply to sponsor family members under other family migration categories in Australias Migration Program. Further information on these categories can be found at www.immi.gov.au/migrants/family.
Every day, we eat dry bread with tea. Occasionally, some families can buy vegetables. Meat is too expensive US$3 a kg we cant afford to eat it even once a month. A Pashtun returnee woman during a meeting with UNHCR staff. UNHCR/R.Arnold/March2009
Asia
Over the last ve years, an increasing percentage of offshore humanitarian visa grants have been made to persons from Asia. This is a result of consideration of UNHCRs regional priorities and reects greater access to resettlement for refugee groups in our region. These have included Burmese refugees who have been living in protracted situations in Thailand and Bhutanese refugees from camps in Nepal. Rohingya refugees from Burma who have been living in camps in Bangladesh for many years were included in the Humanitarian Program for the rst time in 200809. In 200910, countries in Asia and the Pacic represented around 39percent of visagrants.
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200910
A young girl waits to be registered and receive an ID card at Umpiem camp in Thailand. Like many Karen, she ed Myanmar because of fear of persecution. UNHCR/D.Lom/June2005
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DIAC / P. Allan
Every culture has something to offer. My children are uent in English and my eldest son plans to study Architecture at university next year. It is important that I also teach my children my native language Madi, our traditions and our different foods. We grow special vegetables in our garden. A we can do attitude is critical along with seeing myself in a positive light. I believe that being a refugee does not disadvantage anyone in a country that values you for who you are. My experiences have allowed my active participation in helping communities to comfortably settle in Australia. I feel that refugees from my community who have recently arrived in Australia have listened to me and I have been able to help them. The community often nominates me to act on their behalf in various forums. I aim to be a role model in my community, particularly for the rights of women andrefugees. I especially encourage youth to take advantage of the opportunities Australia offers. Believe in yourself, dont sit and wait, because anything is possible. Aneta was nominated for the Everyday women, extraordinary lives gallery run by the Department of Community Services where Queenslanders have an opportunity to recognise the quiet achievers in celebration of the 100th anniversary of International WomensDay.
Chapter Five: Adjusting to a new life in Australia assistance for humanitarian visa holders
Moving to a new country is often a difcult and stressful experience. This is particularly the case for humanitarian entrants who have experienced extreme hardship andtrauma. The Australian Government views successful settlement as a key objective of the Humanitarian Program and is committed to ensuring that people settling in Australia have the support they need to rebuild their lives and become fully functioning members of the Australiancommunity.
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IOM
money management, including banking, budgeting, taxation and credit housing, including renting and household management arrangements public transport and drivers licences Australian law, values and citizenship access to torture and traumacounselling. Since the beginning of the program in 2003 and up to the end of June 2010, more than 2000 courses have been held in Bangladesh, Egypt, Ghana, Guinea, India, Iran, Jordan, Kenya, Lebanon, Malaysia, Nepal, Pakistan, Romania, the Republic of Congo, Sierra Leone, Sudan, Syria, Tanzania, Thailand, Turkey, Uganda, Zambia and Zimbabwe, assisting around 37000people. In 2010, the International Organization for Migration (IOM) was awarded the contract to deliver AUSCO globally. The contract commenced on 1 September 2010 and is valid until 31 August 2013, with the possibility of a one year extension. IOM also held the previous AUSCOcontract.
Travel to Australia
The IOM is contracted by the department to organise travel for refugee visa holders. These travel costs are paid for by the AustralianGovernment. The IOM also organises travel for SHP visa holders who have received loans under the nointerest loan scheme. Further information is provided in ChapterFour.
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The AMEP offers free English language courses to eligible migrants and humanitarian entrants in Australia. The number of hours of free English courses offered depends on the individual clients circumstances. AllAMEP clients have access to up to 510 hours of English courses for ve years from their visa commencement date, or the number of hours it takes to reach functional English, whichever comesrst. In recognition of the special needs of humanitarian entrants with limited education or difcult premigration experiences, such as torture or trauma, additional hours of tuition may be offered through the SpecialPreparatoryProgram (SPP). Humanitarian entrants under 25 years of age may be eligible for an additional 400hours of English courses, and clients 25 years of age and over may be eligible for an additional 100 hours of Englishcourses. Participation in the workforce is an integral part of the settlement process. To assist with the transition to work in Australia, additional tuition is available to AMEP clients through the SettlementLanguagePathways to Employment and Training (SLPET) program. SLPET provides AMEP clients with 200 hours of tuition (which includes up to 80 hours of work experience placements) in addition to their AMEP entitlement of 510 hours. The SLPET offers clients an employmentfocused course to assist them to learn vocationalspecic English while gaining familiarity with Australian workplace culture andpractices. Further information on the AMEP can be found on the departments website at www.immi.gov.au/livinginaustralia/helpwithenglish/amep. Information on other English language programs offered by the Australian Government is available on the Department of Education, Employment and Workplace Relations website at www.deewr.gov.au. The Language, Literacy and Numeracy Program provides up to 800 hours of language, literacy and numeracy training to eligible job seekers who are having difculties nding employment due to low literacy or English languagecompetency. The Workplace English Language and Literacy Program provides funding to employers for training their workers in English language, literacy and numeracyskills. The English as a Second LanguageNew Arrivals Program provides funds to state and territory nongovernment education authorities to assist with the cost of delivering intensive English language tuition to eligible, newly arrived migrant students in independent primary and secondaryschools.
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Generalist services comprise: Orientation to Australiaaims to promote selfreliance in individuals and families through the development of Australian life skills. Orientation may take the form of providing information or referrals to appropriate agencies and casework with individuals andfamilies. Participation in Australian Societyaims to assist new arrivals to interact with and understand the broader Australian society and encourage collaboration initiatives with mainstream Australian communities and governmentorganisations. Specialist services include immigration assistance, housing services and ethnospecic funding for newly arrivedcommunities.
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Kite festival organized by UNHCR mission in Jaffna, Sri Lanka, to celebrate World Refugee Day 2006. UNHCR/D. Sansoni/20 June 2006
Become an interpreter
TIS National welcomes enquiries from people who have an interest in working as interpreters, and who can uently speak English and at least one other language. Where possible, TIS National contracts interpreters who are accredited or recognised by the National Accreditation Authority for Translators and Interpreters. To nd out more about contracting with TIS National as a professional interpreter, please contact one of TIS Nationals Contractor Managers on 1300 132621.
classes delivered by AMEP service providers. Home tutors receive initial and ongoing training as well as support and access to teaching resources through AMEP serviceproviders. For further information on how to become a home tutor visit the departments website or contact your local AMEP Service Provider. For details go to www.immi. gov.au/livinginaustralia/helpwithenglish/amep/teachingenglish/hometutor.htm.
Be informed
Find out the facts about refugees in Australia and share them with your friends, colleagues andclassmates.
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