Website Launch Feburary 2004

The Spare Lawyers For Refugees website was launched on 11 Feburary 2004 at Span Galleries, Melbourne. Our sincere thanks go to Paul Kelly for his performance and Carmen Lawrence for officially launching the website.

The launch of the online advocacy centre was announced in the Lawyers Weekly magazine. The article appears, in full, below the images.

Paul Kelly

Carmen Lawrence

(Left to right) Matthew Albert, Julian Burnside (Founder), Kristen Smith (Coordinator), Paul Kelly, and Carmen Lawrence

Julian Burnside with Carmen Lawrence

Carmen Lawrence, Matthew Albert, Kristen Smith and Paul Kelly

Network spares lawyers the time
By Shaun Drummond 

Lawyers Weekly, March 2004

A network of more than 300 lawyers providing free representation and advice to refugees on the complexities of Australia’s immigration laws has gone online.

The Spare Lawyers for Refugees Online Advocacy Centre is the latest initiative of barrister Julian Burnside QC, who has been a consistent critic of the Federal Government’s immigration policies. He founded Spare Lawyers for Refugees (SLFR) in 2001.

Since the launch last month, a spokesperson said another 65 lawyers had registered, boosting the number of members from about 250, with another two or three signing up every day.

At the launch – attended by more than 100 lawyers – Burnside said he hoped the site’s resources would help lawyers and refugees to navigate the tough limitations introduced to the Migration Act 1958.

“The Migration Act restricts drastically asylum seekers’ access to courts. Their legal rights, minimal though they are, risk going by default,” he said.

SLFR could help in several ways, Burnside explained, including preparing appeals, running appeals, by helping with applications for discretionary visas under s 417 of the Act, or by undertaking legal research.

Burnside said the present treatment of asylum seekers in Australia posed a “serious challenge to the rule of law in Australia”.

“All lawyers understand instinctively the importance of the rule of law. We learn it at law school, daily practice of law instils it. We expect the system to work according to its rules.

“When in litigation there is a great disparity between the forces of attack and defence, there is a risk that the system will fail,” he said.

Dr Carmen Lawrence, National President of the Australian Labor Party, helped launch the new website. She noted that it was often hard for asylum seekers to understand what rights they had under Australia’s immigration laws.

She cited the example of an Iranian man who had fled his country following a protest where many people had been shot. “After stowing away on a ship to Australia he then spent three years in detention.” However, she said he was finally sent back after he failed to gain asylum. “His time for appeal had expired because no one had told him he could appeal.”

Prior to last month, all SLFR work was allocated via “broadcast email”. All work and advice will now be provided through the website.

Any legal practitioner holding a valid practising certificate can register with SLFR online. They will then be sent regular updates by email of the organisation’s current clients. If the recipient can help, they can notify the SFLR by return email.

Once a lawyer has accepted a case, SLFR staff will provide a preliminary merit assessment of the client’s file, as well as all relevant background information they have. This could include transcripts of interview and previous administrative decisions and judgements.

SLFR uses an internet based case management system, with each client allocated a case administrator. They will usually have had direct contact with the client and will provide the volunteer lawyer with all the preliminary information necessary to prepare a case.

The site also provides advice for lawyers and background information for students and teachers.

For lawyers, advice is given on things such as making applications for discretionary visas under the Act. Section 417 allows an appeal to the federal Attorney-General in the event asylum is denied by the Refuge Review Tribunal (RRT), although it advises these appeals have succeeded in only 7 per cent of cases. Examples of standard forms and letters are provided which can be used in correspondence with the Attorney-General’s office.

There are also updates on new precedents, such as last year’s High Court decision that has seen “jurisdictional error” re-emerge as a ground for judicial review of RRT decisions.

As well, there are guides on relevant case law and legislation and tips on refugee advocacy. General background for advocates on the often fragile emotional state of asylum seekers – and how to deal with this – is given.

There are also links to websites vetted by SLFR staff, with information on countries from which many asylum seekers originate.

Contact details important for preparing a case are also listed.

Educational resources on the site focus on the reasons why people seek asylum in Australia and attempt to get students interested in refugee policies.

A link is included to an online ABC documentary that interviews young refugees about their experiences.

Since many school age students can’t vote, the site includes tips on writing letters to politicians, including sample versions to use as templates. As well, there are games that help children learn about various relevant countries.