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Refugees & Asylum Seekers
Who are Refugees?
The international definition of a refugee is someone who has a well founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group. To be a refugee, a person must have fled their country of origin and be unable or unwilling to return to that country.
Who are asylum seekers?
In Australia, there is a process to determine whether or not someone is a refugee under the international definition. People who have applied for Australia's protection and are awaiting determination of their status are referred to as asylum seekers.
What is different between migrants and refugees?
Refugees are not in the same situation as migrants, although the groups are often confused. Migrants choose to leave their country to seek a better life. They choose where they migrate to and they can return whenever they like. Refugees are forced to leave their country and cannot return unless the situation that forced them to flee improves. Some are forced to flee with no warning; significant numbers of refugees have suffered torture and trauma. The concerns of refugees are human rights and safety, not migration.
Current situation in Australia
In May 2008 the Rudd Government announced Temporary Protection Visas (TPV’s) would be abolished. The Minister for Immigration and Citizenship announced that people found to be refugees would receive a permanent visa regardless of their mode of arrival. Those who were currently living in the community on TPVs were expected to have their visa converted by the end of July 2008 (subject to passing health and security checks).
The Minister for Immigration and Citizenship conducted a review of ministerial intervention powers in mid 2008, saying he was uncomfortable with the lack of transparency, accountability and rights to appeal around these decision-making powers. It is envisaged that the results of this review will mean amendments may be made in the second half of 2008 to the Migration and Citizenship Act.
In early 2008 the Rudd Government closed the offshore detention centres on Nauru and Manus Island marking an end to the “Pacific Solution”. However the building of the Christmas Island detention facility continued and the centre is now ready to be functional.
Australia continues to adhere to the process of mandatory detention for all asylum seekers who arrive on-shore without a valid visa. The Government also continues indiscriminate billing of some asylum seekers for the cost of their detention, even after they have gone through the formal refugee-determination process and have subsequently been found to have met all criteria, and been officially recognised as a refugee under the Government’s humanitarian and settlement program.
The JIM unit has recently developed a petition on both mandatory detention and the current practice of billing asylum seekers for their time in detention, which can be found here: Billing Refugees
There are still people living in the community who are on Bridging Visas, which preclude them from being able to work, receive social security income, access free English tuition and access Medicare. To date, the Government has made no formal commitment to change these visas.
If you are interested in taking action on some of these issues, please see the links on the right side of this page
