General information
refugee
asylum seeker
migrant
displaced person
Causes of Disclocation
The United Nations
Australia’s Refugee and Humanitarian Program
Offshore Resettlement
Permanent visa categories
A refugee is recognised in international law as a person who has had to flee their country for reasons of persecution.
The United Nations Convention Relating to the Status of Refugees (1951) formally defines a refugee 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 of 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”
The Australian Government is a signatory to the UN Refugee Convention.This means that the Australian Government uses the formal UN definition to determine the legitimacy of claims for asylum in Australia. If it is found that a claimant does have a legitimate refugee status, then the Australian Government is obliged under international law to provide protection.
An asylum seeker is a person who is living in a refugee-like situation, but has not yet had their refugee status formally decided. Asylum is somewhere one can go to find safety. To grant asylum means to offer protection in a safe country to someone who is in danger in their own country. Asylum seekers can legally apply for asylum to countries, like Australia, that have signed the Refugee Convention.
Asylum seekers must travel to reach a country or an embassy where they can apply for asylum. This journey is often long, difficult, and extremely dangerous. In many cases, asylum seekers must transit through neighbouring countries until they reach a place where they can make an application for asylum.
There is no such thing as an ‘illegal’ asylum seeker. To be an asylum seeker is to have a legal status under international law. However, asylum seekers may be undocumented in relation to the country they are applying for asylum to. For example, asylum seekers sometimes arrive in Australia without having obtained proper official documents. Most people in refugee situations are forced to flee their homes in haste and/or secrecy because of their well-founded fear of persecution. Under these circumstances, people may
- not have time to pack their documents, or even to return home to get them before leaving.
- not have time to apply for passports and visas, which are often lengthy and expensive processes
- not be permitted by their government to apply for passports to travel outside of their countries. Many oppressive governments actively prevent access to normal migration processes.
- live in isolated areas where there is no facility for application for visas.
A migrant is a person who chooses to leave their country and chooses which country to travel to. Migrants have the opportunity to find out about their country of destination. They have time to prepare for their trip, and to prepare themselves mentally and emotionally for their new life. Migrants have time to say goodbye to their family and friends. They can bring important belongings with them. Most migrants can return home if things go wrong. They do not have a fear of being persecuted or killed upon their return. [go to top]
A displaced person is someone who has fled their home and moved to another location within their own country.
Causes of Disclocation
There are many and varied reasons why people are forced to become refugees.
In general, political instability is the primary reason. Many of the world’s countries have broken free from colonial rule, but are still dealing with the legacy of outside control. Tribal and ethnic tensions can perpetually resurface, embroiling nations in conflict. Religious intolerance can provoke conflict between ethnic groups adhering to different faiths. Many countries are characterised by violent struggles carried out on several fronts - between government and rebel forces, and between various rebel factions.
Poverty and underdevelopment generally coincides with political instability, and many refugees hail from impoverished parts of the world. However, it is the factor of persecution associated with political instability, rather than economic hardship, which is relevant to these peoples’ status as refugees.
The United Nations
Most countries belong to the United Nations (UN). The UN was formed after the second world war. Its task is to find peaceful solutions to disputes and to protect the human rights of individuals.
The Security Council is the wing that tries to maintain world peace and stability by providing a neutral forum where conflicting parties can attempt to discuss and end their disputes. The UN can also send peacekeeping troops to areas of conflict, and can impose sanctions that try to force governments to comply with its recommendations and rulings.
The special agency relating to refugees is the United Nations High Commissioner for Refugees (UNHCR). This was created in 1949 to help resettle refugees after World War 2. The main tasks of the UNHCR are the protection of the human rights of refugees and finding “durable solutions” - safe and permanent homes for refugees.
Australia’s Refugee and Humanitarian Program
The resettlement of refugees in Australia is handled by the Department of Immigration and Citizenship (DIAC).
DIAC explain that Australia’s Humanitarian Program “comprises two components: the offshore resettlement program for persons overseas, and onshore protection for people already in Australia who arrived on temporary visas or in an unauthorised manner, and who claim Australia’s protection” (DIMIA factsheet 60)[go to top]
Offshore Resettlement
Applicants must be outside of Australia at the time of application and decision. They must also satisfy the health, character and national security requirements specified by the regulations.
The offshore resettlement process identifies people subject to persecution in their home countries and issues permanent protection status.
The permanent visa categories are:
Refugee
Special Humanitarian Program (SHP)
Australia works with the UNHCR to determine individuals requiring Refugee Visas.
Special Humanitarian visas are granted to people whose application for protection is accompanied by a proposal from an Australian citizen or permanent resident, an eligible New Zealand citizen, or organisations operating in Australia. Proposers are required to offer support to applicants upon arrival in Australia. This includes assistance with travel expenses, medical examinations and accommodation.
The SHP assists the reunion of families. Holders of refugee and SHP visas are permanent residents and can sponsor the entry of close family members remaining in a refugee-like situation overseas.[go to top]
Onshore Resettlement
Onshore resettlement is the process by which the Australian government determines the status of asylum seekers who have applied for refugee status once they have already arrived in Australia.
This program has two subclasses of visa:
Permanent protection (PPV)
Temporary protection (TPV)
The TPV was introduced in 1999 as a deterrant to asylum seekers arriving unauthorised and undocumented. Unlike PPVs, TPV holders have no automatic right of return if they leave Australia, no automatic right to family reunion, and limited access to welfare and settlement services. TPV holders must reapply for protection to keep their visas valid. For most TPV holders, this is a highly stressful existence. They feel forever on the fringe of belonging, never sure whether their protection in Australia will be terminated.
