Australia
IMPORTANT DISCLAIMER : UNHCR is not registered
as a migration agent. Anyone using these resources should obtain
advice from a registered migration agent or a practicing lawyer.
There may be errors or omissions in the resources. UNHCR has
attempted to ensure that the resources are current and accurate,
but it is not responsible for the consequences of any errors
or omissions.
Australia Country Information
Australia is
a signatory to the 1951 Refugee Convention and the 1967 Protocol
relating to the status of refugees. It
has long-established systems for determining refugee
status which
are administered by the Department of Immigration and Citizenship (DIAC).
How do I seek asylum in
Australia?
I cannot speak English, who can I
contact to help me?
Where can I get legal advice?
Can I appeal a decision
from DIAC?
What can I do if I disagree with a decision made by the Refugee Review Tribunal?
Can UNHCR Help?
Who can I contact for torture and trauma counselling?
How do
I seek asylum in Australia?
You should contact the Department
of Immigration and Citizenship
(DIAC) in your area. The department will provide
you with
the assistance to make your application, including
an interpreter if needed.
List of DIAC State Contacts
I cannot speak
English, who can I contact to help me?
You can contact
the Telephone
Interpreter Service (TIS).
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Where can I get legal advice?
In NSW - The Refugee
Advice & Casework Service (RACS) or
the Refugee & Immigration
Legal Centre.
In Victoria - Refugee & Immigration
Legal Centre (RILC) or Victoria Legal Aid.
RILC
also provides assistance to TPV
holders who need to prepare
further Protection Visa applications for lodgement with the
DIMA.
In South Australia - The Legal Services Commission of South Australia.
In Queensland - South
Brisbane Immigration And Community Legal Service.
In
Western Australia - Legal
Aid Western Australia
In Northern
Territory - Northern Territory
Legal Aid Commission.
Free Advice and Assistance for Asylum Seekers
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Can I appeal a decision
from DIAC?
You
have the right to appeal a negative decision from Department
of Immigration
and Citizenship
to the Refugee
Review Tribunal or the Administrative
Appeals Tribunal (AAT) , depending on the basis for refusal.
An applicant has effectively 28 days
from the
date of notification of the DIAC
decision to lodge an application
to the RRT. Please note that this time limit is only
7 days if the applicant is in immigration detention.
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Can I appeal a decision
by the Refugee Review Tribunal?
You have
the right
to appeal to
the Minister
of Immigration and Citizenship. The
Minister has a personal power to intervene and
grant a visa where
there are broader
public
interest grounds. A letter to the Minister can
be written, per s417 of the Migration
Act, asking
for a visa
to be granted on humanitarian
grounds.
It is also possible to seek judicial review to the court. For information visit
DIAC's
Fact Sheet No. 9.
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Can UNHCR Help?
UNHCR
can review an individual case as part of its monitoring role
on application of the 1951 Refugee
Convention, only
if it has been
through the Australian
domestic appeals process. The individual or
his/her legal representative needs to
send to UNHCR the decision from DIAC, RRT
and/or the Courts, as the case may be.
For further information,
contact UNHCR RO Canberra on 02-6260 3411. If
UNHCR finds that the case has been unfairly
denied refugee status, it can make a representation to the Government.
However, UNHCR
has
no power
to overturn
decisions
undertaken by Australian authorities.
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Who can I contact
for torture and trauma counselling?
The Forum
of Australian Services for Survivors of Torture and Trauma
(FASSTT) for the name of the local
organization in
your state. The FASSTT is a coalition of agencies that
respond to the needs of survivors of torture and trauma who
have
come to Australia from overseas. There is an agency in
each state and territory of Australia.
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Refugee Protection in International Law