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 Volunteer Solicitor-Migration Agents  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 ITA ◦ Perth IDF; etc

 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

 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 –  UNHCR –  RefWorld –  Refugee Review Tribunal –  MARA –

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