How can refugees arrive in australia




















Unauthorised arrivals, regardless of whether they arrive on the mainland or at an excised offshore place, undergo a comprehensive and thorough assessment process, including security checking, to establish if they have a legitimate reason for staying in Australia. This process includes assessing identities, as many people dispose of all personal papers en route to Australia; assessing whether the person is raising claims which may engage Australia's protection obligations; and obtaining formal police clearances from countries of first asylum in which they have resided for at least 12 months, to confirm they are of good character The department has a comprehensive process for checking the health of unauthorised arrivals.

An initial health assessment is conducted to identify conditions that will require attention. This assessment includes the collection of personal and medical history, a physical examination and formalised mental health screening and assessment. All unauthorised arrivals can access appropriate health care commensurate with the level of care available to the broader community.

A discharge health assessment is completed for each person leaving any immigration detention placement. This assessment includes the provision of a health discharge summary from the Health Services Manager to the individual, which informs future health providers of relevant health history, treatment received during detention and any ongoing treatment regimes.

Where appropriate, linkages are made with relevant community health providers to facilitate ongoing care beyond discharge. Depending on the individual circumstances, reasons for entering and country of origin, temporary visa applicants may also be required to undergo a health examination.

Asylum seekers who arrive by boat are subject to the same assessment criteria as all other asylum applicants. Past figures show that between 70 and per cent of asylum seekers arriving by boat at different times have been found to be refugees and granted protection either in Australia or in another country. In contrast, asylum claims from people who enter Australia by air on a valid visa and subsequently apply for asylum have not had such high success rates historically and the majority have not been found to be refugees.

This is demonstrated by the lower protection visa grant rates for non-IMAs air arrivals of around 45 per cent annually. In other words, past figures show that more asylum seekers who arrived by boat have been recognised as refugees than those who entered Australia by air.

Historically, successful onshore applicants boat and air arrivals usually only make up a relatively small proportion of the total number of refugees and other humanitarian entrants accepted by Australia each year—usually in the region of 17 to 20 per cent. For example:. The following material has been reproduced from L Buckmaster and J Guppy, Australian Government assistance to refugees: fact v fiction , Background note, Parliamentary Library, Canberra, In recent years, a series of emails have been widely circulated throughout Australia claiming to describe the social security entitlements for refugees, compared with those of other Australian residents.

A common claim in these emails is that refugees in Australia receive higher social security benefits than age pensioners. Some also suggest that refugees receive free gifts such as houses. Claims of this kind are erroneous and appear to have caused some confusion in the community. There is no truth to claims made in emails circulated throughout Australia that refugees are entitled to higher benefits than other social security recipients.

Refugees have the same entitlements as all other permanent residents—they do not receive special refugee payments or special rates of payment. Given the circumstances in which refugees come to settle in Australia, they are exempt from the standard waiting period that applies to migrants seeking to access social security payments or concession cards.

Refugees also receive short-term assistance from DSS under the Humanitarian Settlement Services program, aimed at helping them settle effectively once they have received permanent residency. Funding is also provided to assist asylum seekers living in the community through the Asylum Seekers Assistance Scheme and Community Assistance Support Program.

Limited assistance in the form of services is provided in order to assist asylum seekers living in the community to meet basic needs such as access to health and community services.

Funding is also provided to NGOs such as the Australian Red Cross aimed at ensuring that people placed in community detention are appropriately supported. Assistance provided also includes access to housing, health and community services and social support networks.

Asylum seekers in immigration detention centres do not receive DHS equivalent payments or percentages of such payments. They are entitled to a range of services, including access to health care, religious facilities, television, library services and other educational and entertainment facilities, clothes, footwear, toiletries, hygiene products and other personal items. Detainees also have access to the income allowance program, through which they are allocated points that can be exchanged for small items at the facility shop.

It is less than 1. In there was only one boat arrival in Australia, but even in high arrival years comparisons show that the number of boat arrivals in Australia is very small when compared to the flows of unauthorised arrivals in other parts of the world, particularly the coasts of Italy and Yemen. The following table provides comparative data between and According to UNHCR initial estimates, proved to be a record year for boat arrivals globally largely due to Syrian asylum flows.

At least , people risked their lives in boats seeking asylum or a better life—most of these , were recorded attempting to cross the Mediterranean. Specifically in our region, approximately 54, people embarked on irregular maritime journeys in However, the vast majority 53, departed from Bangladesh and Myanmar on their way to Thailand or Malaysia—only a handful attempted to reach Australia.

In the previous peak boat arrival years of the s when just over people arrived by boat in Australia over a five year period and — when around 12 people arrived by boat over a three year period the arrival numbers in Australia were also small compared to other destination countries. The UNHCR summarises trends in the number of individual asylum claims submitted in 44 industrialised countries in Europe and selected non-European countries each year.

In these countries received an estimated , asylum applications—the second highest level of the past 20 years. Around the world most asylum claims are lodged in Europe and the USA—in fact more asylum claims are lodged in Europe particularly in France, Germany and Sweden than in any other part of the world. In , the largest number of asylum claims for an industrialised country was experienced by Germany with , claims, followed by the USA with 88,; France with 60,, Sweden with 54, and Turkey with 44, claims.

In Australia 24, claims were lodged in Canada ranked third after Australia 12, Most asylum seekers and refugees actually remain in their region of origin in the hope that they will be able to return to their home country as soon as possible. This places the burden on neighbouring countries and these are usually developing countries—about 86 per cent of refugees were hosted by developing countries in The refugee population includes people in a refugee-like situation.

Asylum-seekers: individuals who have sought international protection and whose claims for refugee status have not yet been determined. Internally displaced persons: people or groups of individuals who have been forced to leave their homes or places of habitual residence, in particular as a result of, or in order to avoid the effects of armed conflict, situations of generalised violence, violations of human rights or natural, or human-made disasters, and who have not crossed an international border.

C Bowen Minister for Immigration and Citizenship , An update on community detention , media release, 21 May , accessed 2 December C Bowen Minister for Immigration and Citizenship , Bridging visas to be issued for boat arrivals , media release, 25 November , accessed 2 December The practice of transferring asylum seekers to offshore processing centres, first implemented by the Howard Government in , was re-introduced by the Gillard Government in UNHCR will only consider resettlement if the other two options are not available.

Not every refugee will be eligible for resettlement. Applicants are expected to provide as much documentation as possible including certified copies at the time of application to assist in identity verification. The application must be lodged outside Australia at an Australian diplomatic or trade mission and will be processed at designated Australian missions around the world. Unsuccessful applicants receive a letter indicating that one or more of the legal criteria have not been met.

Though there is no mechanism to appeal an adverse decision, unsuccessful applicants may re-apply. It is not known how many people lodged offshore refugee visa applications in it was approximately 35, in —14 but the average processing time for refugee visas from time of application to the grant of visa in —15 was approximately 14 and a half months Refugees seeking to enter Australia on a Refugee visa subclass must satisfy numerous criteria that are more onerous than onshore Protection visas.

Also, the Minister must be satisfied that their permanent settlement would be the appropriate course for the applicant and would not be contrary to the interests of Australia. Asylum seekers can lodge an application to be granted an Australian offshore refugee category visa of their own volition without UNHCR involvement. However, it is not known how many such applications are made and successfully lead to visa grant.

The reality is that the majority of asylum seekers who have fled persecution will, by practical necessity, register with UNHCR for protection, assistance, and if necessary and if deemed eligible resettlement to another country. Though refugees may be assessed by UNHCR as eligible for resettlement, in reality they face a potentially indefinite waiting period for a resettlement country to offer them a resettlement place depending on the urgency of their individual needs.

This process has been likened to a hospital triage system in which needs are constantly reassessed in order to prioritise the most acute cases. Despite the iconic image of refugees living in white tents in a sprawling emergency camp, the reality is that over 60 per cent of the world's Refugee resettlement is a voluntary scheme coordinated by the UNHCR which facilitates burden and responsibility sharing amongst countries that are party to the Refugee Convention.

Significantly, UNHCR emphasises that resettlement should complement and not be a substitute for the provision of protection to persons who apply for asylum under the Convention for example, spontaneous arrivals such as asylum seekers arriving by boat. As the following table indicates, the number of offshore refugee category visas granted since has varied greatly, the highest number being in the early s under the Fraser Government when Australia granted 20, visas mostly to Indochinese , and the lowest being 1, ten years later under the Hawke Government.

From onwards, the Government has slightly increased the annual quota of refugee visas to its current level of around 6, visas—where it has remained for the last ten years with one notable exception. The most dramatic increase was under the former Labor Government in when the number of offshore refugee visas granted doubled to over 12, in one year in response to the recommendation of the Expert Panel on Asylum Seekers.

It is relevant to note that family members included in the application of a refugee who has successfully applied for an offshore refugee visa subclass will generally also be granted the same visa. Australia has been involved in the UNHCR resettlement program since and has consistently ranked as one of the top three resettlement countries in the world.

Permanent migrants enter Australia via one of two distinct programs—the Migration Program for skilled and family migrants or the Humanitarian Program for refugees and humanitarian entrants. In fact, the number of visas currently allocated to UNHCR assisted refugees is the lowest percentage of the Migration Program for more than twenty years only 3. The following table compares the number of permanent visas granted to refugees resettled from overseas with UNHCR assistance with the number of permanent visas granted to migrants under the Migration Program over the last twenty years:.

In early May each year, when announcing its annual Federal Budget, the Government traditionally reveals how many permanent visas will be granted in the forthcoming financial year under its Humanitarian Program.

However, at the end of , section 39A was inserted into the Migration Act Thus, the number of visas to be made available under the Humanitarian Program for the next three years to mid has already been revealed. In the financial year, the Government has maintained the annual intake quota under the Humanitarian Program at 13, places.

Places available to SHP visa entrants currently 5, should be distinguished from places allocated to refugees. The SHP visa is for people who are subject to substantial discrimination amounting to gross violation of human rights in their home country— not for refugees fleeing persecution for a Convention reason. It might involve:. Visa applicants under the SHP must also be supported by a proposer an Australian citizen, permanent resident or eligible New Zealand citizen, or an organisation that is based in Australia who is responsible for their settlement.

This could include airfares for them to travel to Australia, providing accommodation upon arrival, assisting them to find permanent accommodation, and providing information and orientation assistance. The Government does not pay the travel costs for people who are granted an SHP visa. Traditionally, most of the places available under the SHP are taken up by family members of refugees and humanitarian entrants already in Australia.

The following table compares the number of visas granted to refugees resettled from overseas with UNHCR assistance with the number of visas that have been granted under the Humanitarian Program over the last 20 years:. Successive governments have made ad-hoc announcements that specific groups of refugees are to be resettled to Australia.

Often these announcements are in response to mounting public pressure for humanitarian intervention. In contrast, on 9 September , the Australian Government announced that it would make 12, visas available in response to the conflicts in Syria and Iraq. While these places are in addition to the annual Humanitarian Programme intake currently 13, places , they are not technically an increase to the annual Humanitarian Programme. Rather, these additional 12, places are being offered under a parallel initiative to supplement the annual Humanitarian Programme quota.

The number of permanent visas available under the Migration Program for skilled and family migrants has been steadily increasing in recent years to , visas per annum. In contrast, the number of visas available under the Humanitarian Program has been maintained at a relatively steady number between 12, and 13, since The most significant departure from this trend was in — when the former Labor Government, acting on a recommendation of the Expert Panel on Asylum Seekers, increased the Humanitarian Program to 20, visas with 12, being specifically allocated to the resettlement of overseas refugees.

In making this recommendation, the Expert Panel on Asylum Seekers considered that there were a number benefits in increasing the Humanitarian Program:.

However, within six months of coming into power in , the current Coalition Government announced that, acting upon an election commitment, it had reduced the number of refugees that would be resettled in —14 from 12, to 7, Over the last few years, there have been consistent calls for the Humanitarian Program to be increased.

From the viewpoint of the host country, it requires willingness for communities to be welcoming and responsive to refugees and for public institutions to meet the needs of a diverse population. It also requires opportunities for refugees to become citizens and to enjoy full and equal participation in society. For example, Professor Ben Saul from the University of Sydney is of the view that refugees are unlikely to be physically safe in PNG and their basic rights to have access to health care, education, work, social security and an adequate standard of living will not be sufficiently protected.

For more information, see our factsheet on Turning Back Boats. Since 13 August , any person arriving in Australia by sea without a valid visa has been liable to removal to Manus Island in Papua New Guinea or Nauru for processing, even if they applied for asylum immediately upon arrival in Australia.

Some refugees may be able to remain in Nauru or PNG on either a temporary or permanent basis, although integration prospects are limited. A small number of refugees were relocated from Nauru to Cambodia under a controversial agreement with Australia, and the United States agreed to resettle some refugees from Nauru and PNG.

UN experts have found this offshore processing regime to be in breach of international human rights standards. Under international law, Australia is still responsible for upholding the human rights of asylum seekers it sends offshore. For more information, see our series of factsheets and research briefs on offshore processing. Under these visas, holders are permitted to work and study in Australia, however must continue to re-apply once the visa lapses.

Around 30, people seeking asylum who arrived in Australia by boat between 13 August and 1 January were not subject to removal to Manus Island and Nauru under OSB.

People in this group were barred from making an application for protection for up to four years after arriving in Australia. This group faces numerous challenges, including cuts to publicly funded legal assistance and income support. Article 31 of the Refugee Convention states that refugees ought not be penalised for illegal entry into countries where they are seeking protection.

This recognises that the very nature of refugee flight may make it dangerous or impossible to get a passport and visa.

Since , Australia has had a policy of mandatory immigration detention, which requires all non-citizens without a valid visa to be detained until they are granted a visa or leave the country. This includes people who entered the country on a valid visa who overstayed, breached their visa conditions or had visas cancelled, and people who entered Australia without a valid visa.

People in community detention may live at designated addresses within the community, with some reporting requirements and other restrictions. While the number of people in closed immigration detention in Australia has reduced, the average length of time detention has increased from five years ago. There is no time limit on immigration detention, and individuals cannot challenge the legality of their detention.



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