 |
 |
|
|
Home 
 General Refugee Advocacy TipsTips for being an effective refugee advocate The following guide “The Advocates’ Help Kit”, was prepared by REFUGEE COUNCIL OF AUSTRALIA A refugee is legally defined as: Any person who owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his/her nationality and is unable, or owing to such fear, is unwilling to avail himself/herself of the protection of that country. This definition comes from the 1951 Convention Relating to the Status of Refugees (the Refugee Convention) and is used by the Australian Government to determine whether our country has protection obligations towards an individual. If a person is found to be a refugee, Australia is obliged under international law to offer support and to ensure that the person is not sent back unwillingly to his/her country of origin. The United Nations body responsible for protecting refugees and overseeing adherence to the Refugee Convention is the United Nations High Commissioner for Refugees (UNHCR).
Refugees are people who have been determined by UNHCR, the Australian Government or another government as meeting the criteria for the grant of refugee status as set out in the Refugee Convention. The term refugee is often used colloquially to refer to people who have been displaced due to a natural disaster (eg an earthquake or volcanic eruption) or environmental change. Such usage is not strictly correct. Refugees are forced to leave their country and cannot return unless the situation that forced them to leave improves. Some are forced to flee with no warning; significant numbers of them have suffered torture and trauma. The concerns of refugees are human rights and safety, not economic advantage.
The Refugee and Special Humanitarian Program is administered by the Department of Immigration. Refugees and other humanitarian entrants are selected by Departmental officials overseas according to specific criteria, details of which can be found on www.immi.gov.au. Most successful applicants are issued with a permanent residence visa and are eligible for a wide range of settlement services upon arrival. REFUGEE STATUS DETERMINATION Australia has a two-stage administrative determination procedure: Primary Stage: An asylum seeker lodges a written application for refugee status with the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA). The application is then assessed by an officer of the Department to establish whether the person is eligible for the grant of a protection visa. For this the person must:
Review Stage: this is undertaken by the Refugee Review Tribunal (RRT). The RRT is an independent Commonwealth statutory body whose members are appointed by the Governor General on the basis of a recommendation from the Minister for Immigration. RRT Members make a fresh (de novo) determination about whether a person is a refugee. Exactly the same criteria are applied as at the primary stage. Unless a member accepts an application on the papers alone, all applicants to the RRT are invited to attend an oral hearing. The hearing is formal but non-adversarial. There are two possible outcomes from the review stage:
TREATMENT OF ASYLUM SEEKERS The majority of asylum seekers arrive in Australia with permission to enter (i.e. they have a passport and a valid temporary visa). If they lodge their application for refugee status within 45 days of arriving in the country, they are given a bridging visa with permission to work (attached to which are Medicare entitlements). They are not eligible for any Centrelink payments nor most federally funded support services. If the application is made after 45 days, the asylum seeker is given a different type of bridging visa that has no work entitlements (and thus no Medicare coverage). They too are not eligible for Centrelink support. Because they are ineligible for most support services, asylum seekers are typically supported by family and community members. Limited support is available through agencies listed in the Getting Help Section of this kit. Bridging visas allow an asylum seeker to remain legally in the community until 28 days after a final decision is made on their claim. If asylum seekers arrive without authorisation or their visa is cancelled at the point of entry, the law requires that they be detained for the duration of the refugee status determination process. There are 6 immigration detention centres on the Australian mainland:
Australia is the only western country to have a policy of mandatory, non-reviewable detention. This policy – and the conditions within detention centres – is the subject of growing community concern. ALTERNATIVES TO DETENTION The NGO sector in Australia has been working towards improving the plight of asylum seekers. To this end it has collectively produced alternative models, examples of which are published on the RCOA website: www.refugeecouncil.org.au. The Alternative Detention Model, as its name suggests, seeks to provide an alternative to the current regime whilst addressing the stated security and financial concerns of the Australian Government. The Justice for Asylum Seekers ( JAS) Model can also be found on the RCOA website. These two models provide examples of developed policy alternatives to the current situation The Detention Standards Document has been produced to set out the minimum standards and condition under which detainees should be held if the current policy continues. TIPS FOR THOSE WORKING WITH ASYLUM SEEKERS AND REFUGEES Because of the lack of government funded services for asylum seekers and some refugees, many new support groups – often made up of volunteers – are forming. The following are offered as suggestions to help people new to this sector. 1. Asylum Seekers’ Safety: Our first concern must be the safety of asylum seekers and TPV holders. To ensure this, there are some very important things to keep in mind:
2. Sensitivity: At all times be aware of the potentially fragile emotional state of asylum seekers and refugees. Remember that many have been or are currently living through a traumatizing experience. Following are some ‘Dos’ and ‘Don’ts’ for ensuring we all behave with sensitivity, especially when visiting detention centres: DO ask detainees how often they want to be visited; respect their decision to have time away from visitors and let detainees decide how long you will spend together when visits take place. DON’T raise detainees’ expectations regarding release or the refugee determination process. DO only make promises that you can keep DO think about what you wear when meeting with asylum seekers. Both men and women should wear conservative clothing – not shorts, singlets or other revealing attire. DO behave in a culturally appropriate way. In terms of language and gestures, you’re your cues from them. Women, in particular, should avoid initiating physical contact with men – even shaking hands – until you get the sense that this is acceptable. DON’T touch or pick up children unless you have been given permission by their parents. People who have been deeply traumatised are often very protective of their children and may be anxious if a stranger engages with them. DON’T venture into areas you don’t know much about – especially those related to the processing of asylum seekers application. DO bear in mind that asking asylum seekers and refugees to repeat their traumatic stories may have a re-traumatizing effect on the individual. Although you may be curious about their past, they might not be comfortable about divulging too much. Let people tell their stories in their own time. Imagine if you had been raped or physically/psychologically abused and were asked to recount the details to people whom you barely knew… how would you feel? Would you want to share details with people had not yet earned your trust? DO treat asylum seekers like normal people. Remember, they are normal people in abnormal situations. DON’T feel compelled to bring asylum seekers and refugees into your home if you don’t feel comfortable doing this. DO allow time for trust between you and the asylum seeker/refugee to develop – just like in any other friendship. DO remember that refugees and asylum seekers have just as many failings as anyone else in the community. They are survivors, not heroes. 3. Looking after Yourself: People working with those who have experienced severe and ongoing trauma are at risk of becoming traumatized themselves. This is especially the case in the current political climate. The affect can present in many different ways: emotional, physical and/or spiritual and can influence relations with family and friends. “I don’t have a problem stepping into their shoes, it’s the stepping out again that’s difficult” Vicarious Traumatisation: this is the name given to the transfer of the affects of severe trauma from the person who was traumatised to a worker or supporter. Like the experience of trauma, vicarious traumatisation can affect a person’s:
Anyone working with refugees and asylum seekers should have a self-care plan in place (see below) and also watch out for signs of vicarious traumatisation in themselves and others. If you think that you might be experiencing vicarious traumatisation, it is important that you:
Debriefing processes include:
4. Giving Immigration Advice: A very important thing for anyone working with asylum seekers or TPV holders to know is that it is illegal to give immigration advice if you are not a registered migration agent. Lawyers and solicitors must also be registered as migration agents to give immigration assistance. The Migration Act details various fines and penalties for those offering migration advice without being registered. What is immigration advice? You are giving immigration advice if you:
What is NOT immigration advice? You are not giving immigration advice if you:
5. Lodging 417 requests: If you are working with an asylum seeker who has been rejected by the Refugee Review Tribunal, consideration can be given to helping him/her appeal to the Minister for Immigration. Section 417 of the Migration Act vests in the Minister the power to substitute a more favourable decision. Sound reasons have to be presented to the Minister if he is to consider using his powers. Where applicable, representations can be made on the grounds that a person would face an abuse of his/her human rights if returned. The Refugee Convention only covers narrow grounds for protection. Other UN treaties that are applicable in such circumstances include the 2 Statelessness Conventions, the Convention Against Torture, the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights. The Refugee Advice and Casework Service (RACS) has information sheets on how to make a representation to the Minister within the 417 guidelines. 6. Asylum Seekers and the Law: Australian law states that asylum seekers convicted of an offence where the maximum penalty is 12 months imprisonment or more will be excluded from eligibility for protection visas. Escaping from an immigration detention facility carries such a sentence. Facilitating the escape of an asylum seeker from detention or encouraging a person to escape may result in that person being excluded from the protection not receiving the protection to which he/she is otherwise entitled. TIPS FOR ADVOCATES If it is your aim to change government policy or public opinion, you will be engaging in some form of advocacy. The following is intended as a guide to those coming new to this area.
WHERE TO DIRECT YOUR ADVOCACY When planning advocacy it is important to think about WHO you want to influence and WHAT you want to achieve. Given that politicians are the people who make decisions about policy, they are important targets. Following are some suggestions about lobbying politicians. 1. Local MPs: Your local Member of Parliament wants your vote so he/she is a useful person with whom to make contact. Before approaching your MP it is a good idea to do some research about his/her views and interests. The best way to get this information is from the MP’s maiden speech, a copy of which can be found under their name on the Parliament House website at www.aph.gov.au. Approaches to MPs can be via letter but a meeting is often a good way to explore issues in more depth and to get feedback on what the MP intends to do for you as a constituent on this issue. 2. Parliamentary Committees: Parliamentary Committees periodically conduct inquiries into refugee related issues. The Committees most likely to hold enquiries into refugee and asylum seeker issues are:
It is also possible for advocates to write to the Chair of a Committee to encourage the committee to undertake an inquiry into a particular issue. Before doing this, however, it is a good idea to speak to the Committee Secretary to get a sense of the best way to frame such a suggestion. If, on the other hand, there are concerns about a new piece of legislation, advocates can approach Senators asking them to refer the bill to the Senate Legal and Constitutional References Committee. This will give you a chance to make a submission in which you can outline your concerns. Information about the Committees and their inquiries can be obtained on the Parliament House website at www.aph.gov.au. LODGING A COMPLAINT If you have concrete evidence about mistreatment of people in immigration detention centres or inappropriate behaviour on the part of government officials or centre staff, there are a number of avenues through which complaints can be lodged. The Office of the Ombudsman Advocates who want to make complaints about Government agencies can do so to the relevant Ombudsman. There is a Commonwealth Ombudsman who deals with complaints against Commonwealth Departments and their services and there are also state and territory Ombudsmen. The role of each of the Ombudsmen is to investigate complaints impartially, assist in resolution of disputes, and address defective administration. As a general rule, the Ombudsmen will not, and in some cases cannot, investigate complaints until they have been raised with the agency. There are various sections within the office of the Commonwealth Ombudsman. For information see the relevant sections of the Ombudsman’s website: Commonwealth Government agency complaints Defense Force complaints Freedom of Information complaints Australian Federal Police Complaints In addition, a complaints form can be downloaded from www.ombudsman.gov.au/complaints The Human Rights and Equal Opportunity Commission (HREOC) Complaints may be made to the Human Rights Commission if it is perceived that there has been an abuse as defined by one or more of the following Acts:
The Commission also inquires into allegations of breaches of human rights by the Commonwealth Government or its agencies. The types of human rights breaches the Commission may investigate include allegations of cruel, inhumane and degrading treatment, allegations regarding conditions of detention, and the rights of children. The Commission is not able to review or overturn decisions made regarding visa applications All complaints must be made in writing or electronically. You can either:
There is no charge for lodging a complaint. On average it takes seven months from the time of receipt to finalise a complaint. More complex complaints may take longer. Most of the complaint process is undertaken by letter or telephone, so a complaint can be lodged by people irrespective of where they live and whether or not they are a resident of Australia. If a face-to-face meeting is deemed necessary, the Commission staff will travel interstate or to rural or remote areas to provide those services. Contact Details Complaints Infoline: 1300-656-419 Tollfree: 1800-620-241 Tel: 9284-9600 Facsimile: 9284-9689 E mail: complaintsinfo@humanrights.gov.au newcomplaints@humanrights.gov.au Interpreter Service: 131-450 Health Care Complaints Commission Detainees in NSW can make complaints about the health care they are receiving in detention to the HCCC that deals with complaints against health services and health practitioners within the NSW health system. Contact Details: Health Care Complaints Commission, Postal address: Health Care Complaints Commission Locked Bag 18 Strawberry Hills NSW 2012 Tel: 02 9219 7444 Fax: 02 9281 4585 Email: hccc@hccc.nsw.gov.au (Tel: 131450 for an interpreter) The Australian Competition and Consumer Commission (ACCC) For a complaint about phone cards or telephone services at detention centres on behalf of detainees (or detainees wish to make complaints themselves) these can be made to the ACCC. The ACCC is an independent statutory authority responsible for administering the Trade Practices Act 1974. The goal of the ACCC is to enhance the welfare of Australians through the promotion of competition and fair-trading, and provision of consumer protection. To make an inquiry or lodge a complaint, contact the ACCC information line on 1300 302 502 or visit the website: www.accc.gov.au It is also possible, under very limited and specific circumstances, to make a complaint to one of the complaints mechanisms with the United Nations High Commissioner for Human Rights. Complaints can only be lodged when all domestic remedies have been exhausted and the processing of complaints can take many years. It is wise to seek specialist legal advice before commencing with such a complaint. Concerns can also be brought to the attention of the following advisory bodies: The Immigration Detention Advisory Group (IDAG) The Immigration Minister formed IDAG in February 2001 to provide advice on the appropriateness and adequacy of services, accommodation and facilities at Immigration Reception and Processing Centres (IRPCs) and Immigration Detention Centres (IDCs). IDAG has a broad range of powers and it reports directly to the Minister.
Advocacy groups with substantiated evidence about improper practices in immigration detention centres can bring this to IDAG’s attention. Contact details IDAG Secretariat C/- DIMIA PO Box 25 Belconnen ACT 2616 Website |
|
||||||||||
