There’s been a lot of political mileage gained from the refugee debate over recent years. If you listen to some of the most vocal exponents of ‘stopping the boats’, it’s easy to think if that you rummage around hard enough, refugee visas are found at the bottom of every cornflakes packet in Australia. But if you think that a refugee visa is easy to come by, think again. Applying for a refugee visa in Australia can be a long and arduous process. For many refugees or asylum seekers, it’s a one-way ticket to heartbreak. If you get it wrong, you could be held in a detention centre for years.
Refugees and asylum seekers
You’re refugee or an asylum seeker if you’re a person who has a ‘well-founded fear of persecution’. Persecution means you’re being targeted in your homeland and your freedom or life is at risk because of your:
• race or ethnic group
• religion or beliefs
• nationality
• membership of a particular social group
• political opinion.
You must be outside your country of origin when applying for a refugee visa and unable or unwilling to ask for protection in your own country.
The strict definition of ‘refugee’ exists to ensure that refugee visas aren’t given to those who are simply economic migrants. An economic migrant is a person who leaves their home country to improve their financial position or access better opportunities in Australia.
Where Australia’s responsibilities towards refugees come from
If you’re a refugee, Australia is one of many countries that have a responsibility to offer you protection or ‘asylum’. That’s because Australia is a signatory to the 1951 United Nations Convention relating to the Status of Refugees. This treaty, which came into effect in January 1954, is also known as the Refugee Convention. It was as a response to the catastrophic displacement of millions of people because of the Second World War.
Refugee visas in Australia
The Refugee Convention places a number of significant responsibilities on the Australian Government to offer you a safe haven if you’re fleeing persecution. The way that Australia meets its obligations under the Convention is by offering refugee visas (subclass 200). It’s become much harder to obtain a refugee visa in recent years.
Why refugee visas are highly sought after
You cannot come to or remain in Australia without an appropriate visa. A refugee visa is a permanent visa, allowing you to stay in Australia indefinitely. It’s highly sought after because it allows you to work, study and attend English language courses, access Medicare (subsidised or free healthcare), some social security benefits and apply for citizenship after four years. If you’re the holder of a refugee visa, you can also propose family members for permanent residency. A refugee visa gives you rights you can’t get as the holder of other types of visa.
Applying for a refugee visa
If you’re outside of Australia, you can apply for a refugee visa by completing a Form 842—Application for an Offshore Humanitarian visa. This form is also used to apply for a select number of other humanitarian visas.
How refugee visa applications are processed in Australia
Refugee visa applications are supposed to be processed by the country in which you arrive. The Australian Government, (specifically the Department of Immigration and Border Protection) is responsible for processing refugee visa applications in Australia.
The United Nations High Commissioner for Refugees (UNHCR) plays a supervisory role but it’s a toothless tiger when it comes to influencing Australian policy on the processing of applications for refugee visa applications in Australia. It can make recommendations to the Australian Government but can’t overturn a decision.
Costs associated with applying for a refugee visa in Australia
In most cases, there is no application fee or cost associated with obtaining a refugee visa. The Australian Government will meet the costs associated with processing your refugee visa application, including your travel costs and medical examinations.
One such exception to this is the Community Proposal Pilot Program (CPPP). This is where an approved community organisation has identified you as being in need of a refugee or humanitarian visa and proposes you for entry to Australia. If you’re applying under the CPPP then there may be costs involved.
Criteria for obtaining a refugee visa in Australia
You have to satisfy strict criteria to obtain a refugee visa (subclass 200) in Australia. You must be living outside of your home country. You must have been subjected to persecution in your home country. You must also be in need of resettlement in Australia.
You also have to pass a health examination (subject to some exceptions on compassionate grounds) and be a person of good character. Depending on where you come from, you might also have to provide biometrics (a sort of scientific form of identification) and must not have any existing debts to the Australian Government.
Other types of visas for refugees and asylum seekers in Australia
There are other visa options available if you don’t meet the strict criteria for a refugee visa. They include:
In-country special humanitarian visa (subclass 201)
This visa may be open to you if you are in your home country when you apply for a visa. This might apply to you if for some reason you’ve been unable to flee your home country.
Global Special Humanitarian visa (subclass 202)
This visa may an option if you are outside both Australia and your home country and are sponsored by an Australian person or organisation.
Emergency Rescue visa (subclass 203)
This visa is for where there are ‘urgent and compelling reasons’ behind your need to be resettled in Australia.
Women at Risk visa (subclass 2014)
As the name suggests, this visa may be open to you if you’re a female applicant. Again, strict criteria apply. You have to be living outside your home country and be unable to access the protection of a male relative. Your risk of victimisation, harassment or sexual assault must relate to the fact that you’re a woman.
‘Boat people’ and offshore processing of refugee visa applicants in Australia
It’s not against the law for you to seek asylum in Australia. So, if you’re a refugee who has come to Australia by boat, why could you be locked up overseas for years?
Since 2012, refugees who arrive in Australian waters by boat are sent to overseas, or ‘offshore’ processing centres, such as Manus Island and Nauru. Offshore processing was introduced to deter people trying to come to Australia by boat. At the time it was introduced, the Australian Government said it was to reduce the risks of drowning due to people coming to Australia in unseaworthy boats. It was also hoped it would remove any incentives for people smugglers to run a lucrative trade in facilitating passage to Australia by boat.
Australia’s establishment of offshore processing centres for refugees has been criticised extensively. This is because many of the people held in offshore processing centres turn out to be genuine refugees. If you’re held in an offshore processing centre, you could be subjected to psychological trauma, violence and even sexual assault.
Even if you don’t arrive in Australia by boat, you can still end up in an Australian migration detention centre. This can occur if you’ve made a mistake in your refugee visa application.
Where things can go wrong with a refugee visa application in Australia
When there’s so much riding on your application for a refugee visa, it’s easy to make a mistake that could damage your prospects of success. Even the smallest mistake can significantly delay the processing of your application.
The most common errors you can make include:
• applying for the wrong class of refugee or humanitarian visa
• filling out the forms incorrectly
• not giving enough information in your application
• insufficient documentation to support your claims
• not having properly translated documents to support your application.
Why it’s so hard to get a refugee visa in Australia
It can be incredibly difficult to get a refugee visa in Australia because the availability of refugee visas Australia-wide is limited. If you apply for a refugee visa, the reality is you’re just one of tens of thousands of other refugee visa applicants. Only a fraction will end up with a refugee visa. If recent events in Syria and the Middle East are anything to go by, it’s only going to get much harder in the coming months.
At Results Migration, we’re lawyers and registered migration agents . We adhere to a strict code of conduct and pride ourselves in knowing everything there is to know about the process of applying for a refugee visa in Australia. Get in touch with us today on 1800 808 717 or click here to complete our free visa test today to see how we can enhance your chances of successfully applying for a refugee visa.
