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Please note: this website was created in 2003 and there have been several changes in relevant Australian legislation since that time (probably Canadian too). The website is kept online as an overview of the situation at that time but has not and will not be updated.

Australia - Applying

The application process for asylum seekers (those seeking on-shore refugee status in Australia) is complex, and differs depending on the situation. This section explores the application process as it applies in for the following circumstances:

To apply for refugee status in Australia an applicant must go through a number of steps in order to be classified as a 'refugee' under the 1951 Refugee Convention and Australia's Migration Act 1958.

The application process for asylum seekers who arrive with documentation, as compared to those who arrive without a valid visa, differs in that undocumentated persons are interviewed by immigration officers immediately upon arrival on the Australian mainland. This is known as the "entrance interview", and determines if the person qualifies for consideration under Australia's protection obligations. In other words, if the asylum seeker does not clearly indicate their fear of persecution or does not mention the words 'refugee' or 'asylum', they are "screened out", meaning that they are not permitted to apply for asylum in Australia and are detained until arrangements can be made for them to leave the country.

The next stage of the application process is the same for both asylum seekers who entered Australia with a valid visa and those who arrived without documentation and have been "screened in". This is referred to as the Primary Stage.

During this stage, the asylum seeker may lodge a written application for a protection visa with the Department of Immigration, Multicultural and Indigenous Affairs (DIMIA). A delegate of the Minister for Immigration then reviews their case, but is not obliged to interview the applicant and may make a decision on the papers alone as to whether the person is eligible for a protection visa. A number of factors are considered during the assessment process including:

• Whether the applicant qualifies as a refugee as defined by the Refugee Convention;
• whether the applicant may have effective protection in another country.
• whether the applicant satisfies health and character checks.

If the decision is positive, the asylum seeker is granted a protection visa. If the decision is negative, the asylum seeker has 28 days to lodge an application for review of the decision to the Refugee Review Tribunal (RRT).

The Australian government contracts migration agents to advise and assist protection visa applicants under the Immigration Advice and Application Assistance Scheme (IAAAS). This assistance includes preparing and lodging protection applications to DIMIA and may also include preparing and lodging an application for review of the negative decision to the Refugee Review Tribunal (RRT). Interpreters are also provided if required.

Case Study

Lambs

" I like lambs......

My father had lambs.

I have mixed feelings when I think about those times.

The good times were good, the down side is my thinking about the fact that none of it is there anymore.

I sometimes think to myself, aren't we just humans, just like any other humans?

I sometimes worry that all my hopes will cave in on me, and someone will come to the door and say "Out you get".

I can't remember a day where I've gone to bed feeling at ease"

- Kurdish Refugee living in Australia

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see also: Canadian Tour