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Refugee and Humanitarian

Australia’s Humanitarian Program is an important part of our contribution to the international protection of refugees.

It is designed to ensure that Australia can respond effectively to global humanitarian situations and that support services are available to meet the specific needs of these entrants.

The Humanitarian Program has two components:

* The onshore (asylum or protection) component offers protection to people in Australia who meet the refugee definition in the United Nations Refugees Convention.
* The offshore (resettlement) component offers resettlement for people outside Australia who are in need of humanitarian assistance.

Overview of the Offshore Humanitarian Program

The offshore Humanitarian Program has two categories.

* The Refugee category for people subject to persecution in their home country.
* The Special Humanitarian Program (SHP) category for people who, while not being refugees, are subject to substantial discrimination amounting to a gross violation of their human rights in their home country.
o People who wish to be considered for an SHP visa must be living outside their home country and be proposed for entry by an Australian citizen, permanent resident, eligible New Zealand citizen, or an organisation operating in Australia.

These categories go beyond our international obligations and have been introduced to enhance our assistance to those in need.

The number of applications for resettlement received is far greater than the visas available each program year. For instance, in 2007–08 more than 47 000 persons applied and around 10 800 were granted visas.

Seeking Protection

Overview

Australia's Refugee and Humanitarian Program offers protection to asylum seekers who have entered Australia, either without a visa or as temporary entrants, and who are found to be owed Australia's protection under the United Nations 1951 Convention and 1967 Protocol relating to the Status of Refugees (the Refugees Convention) and relevant Australian laws.
Protection visa

Asylum seekers who are found to be owed Australia's protection under the Refugees Convention, and who satisfy health, character and security requirements, are granted a permanent Protection visa.
Applying for a Protection visa

If an applicant wishes to seek asylum, they are required to lodge a Form 866, Application for a Protection (Class XA) visa. The approved application form for a Protection visa, Form 866 - Application for a Protection (Class XA) visa, is not available electronically, but can be obtained from any department office, or if a person is in immigration detention, by asking a departmental officer.

The assessment process for Protection visas has been designed to avoid any need for an applicant to use professional advisers to assist them. The process is non-adversarial and decision-makers have an obligation to explore claims raised by applicants and to satisfy themselves as to whether the applicant is owed protection. However, if the applicant wants to use a migration agent, a list of registered migration agents is available from the Migration Agents Registration Authority (MARA) or a department office.

Australian values - Life in Australia

An Australian Values Statement requirement was introduced on 15 October 2007.

All applicants aged 18 years and over are required to sign an Australian Values Statement when applying for selected visas. The values statement requires applicants to confirm that they will respect the Australian way of life and obey the laws of Australia.

Assessment of protection claims

Applications for Protection visas are assessed by departmental decision-makers trained in the law, policy and procedures concerning the Refugees Convention and Protection visas.

The decision-maker assesses the applicant's claims to Australia's protection against the Refugees Convention definition of a refugee, Australia's domestic laws, and all information about the conditions in the asylum seeker's country of citizenship or usual residence. Applicants are expected to put their claims in writing. An interview is not essential, but a decision-maker may ask an applicant to attend an interview if further information is required. Where needed, the department arranges qualified interpreters for any interviews.

Decisions are made on the individual circumstances of each applicant's claims. There is no blanket approval or refusal of applications based on broad assumptions, for example about the safety of particular countries.

Applicants who are refused a Protection visa will receive a written decision setting out the reasons for that decision. Applicants may, within 28 days of notification of the decision, apply to the appropriate tribunal for a full merits review of their case.

Minister’s intervention powers

The Minister for Immigration and Citizenship has a set of powers which allows him to grant a visa, if he thinks it is in the public interest, to certain people who have been found by a review tribunal not to satisfy the criteria for a visa. These powers are called the ‘public interest powers’ or more commonly, Ministerial intervention.