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This part of the tour looks at what
happens when asylum seekers are granted refugee status, and explores
the appeal process for those refused protection.
The length of time the application process takes is
the same, whether those appealing live inside detention centres
or in the community. This can vary from a few months to years. If
the application is rejected at the primary stage, the process of
appeal can take even longer in some cases up to eight years to resolve.
- The applicant must appeal a negative decision within 28 days.
A lawyer or the migration agent can assist the applicant with
submitting the appeal application to the Refugee
Review Tribunal (RRT). The RRT member, who hears the case,
assesses it independently of the immigration official who reviewed
the primary application. The member also investigates the country
of origin and other details via his or her own sources to verify
the information presented. At the RRT hearing, an interpreter
is provided and the interview is recorded. A lawyer may accompany
the applicant during the hearing; however he/she is not allowed
to represent the applicant.
- The RRT member can reject or accept the appeal application.
If accepted a Temporary
Protection Visa or Permanent
Protection Visa can be issued, depending on the form of the
applicant's arrival into Australia (see arrival).
If the applicant is rejected he/she has to pay costs of $1,000
Australian dollars.
- If the applicant decides not to continue further with the appeal,
the applicant has 28 days to leave the country. If the applicant
refuses to leave, then forced deportation may occur.
- If the home country of the client is listed as an "unsafe
country", the applicant will be advised to go to the nearest
country with acceptance provisions consistent with the Refugee
convention.
- The applicant has the right to appeal to the Federal Court.
This appeal can only be based on an error of law, or where the
process of assessment has failed on technical grounds as dictated
by law. Applicants must pay the costs of any legal assistance
invloved in such an appeal.
- If the case is heard at the Federal Court, the only positive
decision that can be made is to direct the case back to the Refugee
Tribunal, to be heard and assessed by a different member.
- The next level of appeal is the High Court. Here the case is
reviewed on the basis of the lawfulness of the decision regarding
refugee status. This is a difficult case to present, and success
in such cases has been limited.
- The "Minister's Discretion" is another avenue of appeal.
The Minister has the power to overrule the decision of the Refugee
Review Tribunal, and can make a decision on humanitarian grounds
other than refugee status.
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Detention
Maribyrnong (Melbourne, Vic)
The longest recorded period that asylum seekers
have spent in detention, while undertaking the application process,
review and judicial review stages,
was....
Adult male
5.5 years
Adult female
5.4 years
Child
5.4 years
- from Australian Federal Parliament Hansard, quoted
at MHR Michael
Danby's website
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