refugee humanitarian issues june11

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Refugee and

Humanitarian IssuesAustralias Response

June 2011


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Refugee andHumanitarian Issues

Australias Response

June 2011


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Commonwealth of Australia 2011

This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be

reproduced by any process without prior written permission from the Commonwealth. Requests and

inquiries concerning reproduction and rights should be addressed to the Commonwealth Copyright

Administration, Attorney-Generals Department, Robert Garran Offices, National Circuit, Barton, ACT

2600 or posted at www.ag.gov.au/cca.

ISBN 978-1-921662-03-4ISBN 978-1-921662-04-1 (online version)

How to provide feedback on this publication

The department welcomes your feedback on this publication. Please send any comments

to [email protected] .

Cover photo credits

Front: Congolese refugees who have been living in the Burundian refugee camp of Gihinga,

population 2400, since 2004 UNHCR / C. L. Grayson / September 2006

Back: thousands of internally displaced people flee the area surrounding Kibati, north Kivu,in the Democratic Republic of Congo UNHCR / P. Taggart / November 2008
http://www.ag.gov.au/ccahttp://www.ag.gov.au/cca


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Contents

Chapter One: Australias role in international protection 7

Chapter Two: Australias Humanitarian Program 19

Chapter Three: Protectionthe onshore component of the

Humanitarian Program 27

Chapter Four: Resettlementthe offshore component of the

Humanitarian Program 35

Chapter Five: Adjusting to a new life in Australia

assistance for humanitarian visa holders 47


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4 Refugee and Humanitarian Issues: Australias Response

Foreword

Australians generally consider themselves

fortunate. We live in a country that champions

democratic principles and provides opportunities forindividuals to succeed through education, training

and employment.

Australias Humanitarian Program is a great example

of this countrys compassion and willingness to help

others. Through it we demonstrate our commitment

to protect and support those who find themselves in

less fortunate circumstances than ourselves.

In return for opportunities provided to them,

humanitarian entrants have contributed to our

nation in many different ways. They have gained

employment, commenced businesses that employ others, played in our sporting

teams, shared their life experiences through art and entertainment, and contributed

to our cultural enrichment. It is very important that we recognise and celebrate

these achievements.

Refugee issues are the subject of much debate, particularly in relation to boat

arrivals. It is important in any debate on these issues that we have our facts right

and that we have the complete picture. An informed discourse is critical to evolvingand progressing public policy, and I sincerely welcome constructive discussion in

this area.

This booklet contains an excellent overview of the background and issues

surrounding Australias response to global humanitarian crises. It includes personal

accounts from some recent arrivals, details of their journeys, the grave situations

they faced in their home countries and the challenges of resettlement.

This year, we and our international partners celebrate the 60th anniversary of the

United Nations 1951 Convention relating to the Status of Refugees. Australia was

the sixth country to ratify the convention and since that time we have played an

important role in increasing the capacity of the global community to respond to

refugee and humanitarian situations.


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Refugee and Humanitarian Issues: Australias Response 5

It is particularly important that Australians take pride in what we, as a nation,

have done to help the more than 750 000 people who have come to Australia as

humanitarian migrants since the end of World War II. These are people who havefled from unspeakable atrocities and suffering, who have sought our protection,

and whom we have assisted to rebuild their lives and their childrens lives

in Australia.

I encourage everyone who is keen to gain a comprehensive understanding of

refugee and asylum seeker issues, to read this booklet.

The Hon Chris Bowen MP

Minister for Immigration and Citizenship


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From Bhutan

Gauris story

Many people are surprised to hear that there

are refugees from Bhutan. Although the

tiny kingdom has a reputation as the last

Shangri-La where environmental and cultural

heritage has been preserved from outside

influences and globalisation, this has come at

the expense of minorities that do not share theBuddhist, Tibetan based culture of the majority.

Most Bhutanese refugees are descendants

of Nepali people who immigrated to Southern

Bhutan in the late 1800s. Despite living in

Bhutan for many generations, Nepali-speaking

Bhutanese are often not recognised as citizens.

Since 1990 more than 100 000 people have

been forced to seek refuge in eastern Nepal

due to ethnic persecution.

Gauri and her husband were among those forced to flee to Nepal. After leaving

their home in 1992, they spent almost 17 years living as refugees in Nepal. During

this time Gauri, who had trained as a nurse, worked for Save the Children UK as a

health worker and training coordinator in a Bhutanese refugee camp.

In 2009, Gauri and her family were granted visas for resettlement in Australia.

Having been active in the refugee camp community, Gauri was keen to continue

to volunteer and quickly became involved with the Migrant Resource Centre

where she now works part-time. Gauri has continued to work in healthcare, first

on a campaign with the Hepatitis C Council of South Australia to raise awarenesson liver friendly food, and now for the Migrant Health Service as a community

health worker, a job that she says makes her very happy because she is able to

help people.

Gauri has pursued further education since arriving in Australia, adding a

Certificate IV in Community Services to her masters in community health nursing.

Along with her husband she has bought a house and her son is studying to be a

chef, a future that they could never have hoped for living as refugees.

I would like to say thank you to the Australian people for your sensitivity andsupport. Australians are very kind people, we can talk freely without being worried,

we are relaxed, safe.

DIAC / N. Holt


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Chapter One: Australias role ininternational protection

Who is a refugee?In the devastating aftermath of World War II, nations came together in Geneva

to work out codified and binding international standards for the treatment of

refugees and the obligations of countries towards them. The United Nations 1951

Convention relating to the Status of Refugees(the Refugees Convention) is the key

legal document in defining who is a refugee, their rights and the legal and moral

obligations of states.

The Refugees Convention defines a refugee as a person outside their country of

nationality who is unable or unwilling to return because of a well-founded fear of

persecution for reasons of race, religion, nationality, political opinion or membership

of a particular social group.

The Refugees Conventiononly applied to post World War II European refugee

situations. The United Nations 1967 Protocol(the 1967 Protocol) removed these

limitations to allow the convention to cover refugee situations in any country. The

Refugees Conventionand1967 Protocolremain as the cornerstones of refugee

protection throughout the world.

Australia signed the Refugees Conventionon 22 January 1954, the sixth country

to do so, and ratified the 1967 Protocolon 13 December 1973. In accordancewith Australias refugee protection obligations under the Refugees Conventionand

1967 Protocol, Australia has established a legal framework for the protection of

refugees in domestic law.

The Refugee Experience

Common experiences for refugees include seeing their homes and

communities destroyed and spending many years living in refugee camps

or in volatile urban situations. Mobility and opportunities for employment arelimited, and displaced people often do not have access to health or education

services. Many have been subjected to rape and torture, witnessed friends and

family being murdered or been separated from family when fleeing their homes.

These experiences are impossible to forget, but Australia contributes in many

ways to ensure a safe and peaceful future for refugees and their families.


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The global refugee situation

One of the major challenges facing the world today is protecting refugees who

have been forced to leave their homes by armed conflict and human rights abuses.

According to the United Nations High Commissioner for Refugees (UNHCR), at the

end of 2009 there were 43.3 million forcibly displaced people worldwide. Of these,

15.2 million people were refugees. UNHCR was responsible for the protection of

10.4 million refugees, and 4.8 million Palestinian refugees were protected under the

mandate of the United Nations Relief and Works Agency for Palestine Refugeesin the Near East (UNRWA). The worldwide displaced population also includes

983 000 asylum seekers and 27.1 million internally displaced persons (IDPs). In

addition, UNHCR estimated that the overall number of stateless persons could be

as high as 12 million people.

The overwhelming majority of refugees were located in developing countries such as:

Pakistan, with around 1.7 million refugees from Afghanistan

Syria, with more than 1 million refugees from Iraq

Iran, with 1 million Afghan refugees registered by the Government of Iranand a further 1 million unregistered refugees

Kenya, with close to 360 000 refugees from Ethiopia, Somalia and Sudan

Bangladesh, with nearly 230 000 Rohingya refugees from Burma.

Some 5.5 million refugees were in a protracted refugee situation. UNHCR defines

a protracted refugee situation as a refugee population of 25 000 or more, who

have been in exile for at least five consecutive years. Australia has consistently

been a strong supporter of international efforts to address protracted refugee

situations around the world. Each year more than half of the refugees acceptedfor resettlement under Australias Humanitarian Program are likely to come from

protracted situations.

A mother carries her children in eastern Democratic Republic of the Congo. Forcibly displacedwomen face grave threats and abuse in the volatile region. MONUC/M. Frechon/September 2008


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Figure 1: UNHCR-mandated refugee population by region, end 2009

UNHCR Region Refugees People in

refugee-like

situations

Total

Central Africa and Great Lakes 945 200 24 100 969 300

East and Horn of Africa 779 200 33 900 813 100

Southern Africa 143 400 - 143 400

West Africa 149 000 - 149 000

Middle East and North Africa 1 962 400 43 500 2 005 900

Asia and Pacific 2 666 600 1 189 400 3 856 000

Americas 519 100 293 200 812 300

Europe 1 641 900 5 600 1 647 500

Total 8 806 800 1 589 700 10 396 500

Source: UNHCR Statistical Yearbook 2009 (published December 2010)Note: figures do not include 4.8 million Palestinian refugees in the Middle East, who are protected underthe mandate of UNRWA.

Australia and UNHCR

The UNHCR was established by the United Nations General Assembly on

14 December 1950.

The agency is mandated to lead and coordinate international action to protect

refugees and resolve refugee problems worldwide. Its primary purpose isto safeguard the rights and wellbeing of refugees. It strives to ensure that

everyone can exercise the right to seek asylum and find safe refuge in another

state, with the option to return home voluntarily, integrate locally or to resettle in

a third country. It also has a mandate to help stateless people.

Australia has a long history of supporting UNHCR and the international

protection of refugees. Australia was a member of the United Nations Advisory

Committee on Refugees (19511954) and of the United Nations Refugee Fund

(UNREF) Executive Committee (19551958) before joining UNHCRs Executive

Committee at its inception in 1958.

For more information about UNHCR and the Refugees Convention, please

visit www.unhcr.org.
http://www.unhcr.org/http://www.unhcr.org/


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The system of international refugee protection

As a member of the international community, Australia shares responsibility

for protecting refugees worldwide and resolving refugee situations through the

system of international refugee protection. This system has a number of elements,

which include:

Preventative measures.These involve providing development assistance,

helping with conflict resolution, peace keeping and rebuilding infrastructure.

Temporary protection in a country of first asylum.If preventative measures fail,

humanitarian crises can cause people to leave their home country and seek

asylum elsewhere, usually by crossing borders to a neighbouring country (also

called a country of first asylum). These refugees need immediate protection until

a durable (or long-term) solution can be found.

Durable solutions promoted by UNHCR.Three solutions provide for thelong-term protection needs of people displaced by humanitarian crises.

They include:

Voluntary return (repatriation) to their home country in conditions of safety

and dignity. This is the most desirable outcome for the individual, their society

and the international community. Most refugees want to return to their

homes when it is safe to do so. Support for reconstruction, reintegration and

reconciliation helps ensure the success of repatriation as a durable solution.

Author and UNHCR Goodwill Ambassador, Khaled Hosseini,hears how refugees returning from Iran and Pakistan getmine awareness training, medical assistance, legal aid and astart-up cash package when they arrive in UNHCR centres. UNHCR/T. Irwin/September 2007

A young Afghan girl showsthe Voluntary Repatriation Formthat her family was given when

they returned from Pakistan. UNHCR/R. Arnold/March 2009


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Local integration in the country of first asylum. This may be an option if

voluntary repatriation is not possible. Helping countries of first asylum to

increase their capacity to offer long-term protection helps to stabilise the

situation for refugees. It also increases the likelihood that refugees may be

permitted to remain in the country of asylum permanently. Because the

countries of first asylum are usually in the same region as the refugees home

country, cultural ties can make the integration process easier.

Resettlementin a third country is used to provide protection to refugees

whose life, liberty, safety, health or fundamental human rights are at risk in

their country of asylum. This option is normally only promoted by UNHCR

when returning to their home country or local integration may not be suitable,

or as part of a responsibility sharing arrangement. Due to the number of

ongoing protracted refugee situations, resettlement has become a key

element in the system of international refugee protection.During 2009, UNHCR submitted more than 128 000 refugees for

consideration by resettlement states. A total of 84 000 of those referred by

UNHCR were accepted and, along with people accepted for family reunion or

under other humanitarian programs, around 112 400 refugees were resettled

in 19 resettlement countries, including the United States of America (79 900),

Canada (12 500), Australia (11 100), Sweden (1 900) and Norway (1 400).

(UNHCR Statistical Yearbook 2009, December 2010)

Australias commitment to international

refugee protection

Australia is an active contributor to the system of international refugee protection,

working with UNHCR and the international community to ensure comprehensive,

integrated responses to refugee situations. We express this commitment in a

number of ways.

Influencing international policy and action on refugee situationsAustralia engages in a number of international forums with intergovernmental

organisations and non-government partners to address international protection

issues. This includes active participation in UNHCRs governance and policy

discussions, resettlement meetings and informal consultations on emerging issues.

For example, as a member of UNHCRs Executive Committee Australia meets

with other members every year to review and approve the agencys programs and

budget and to discuss a wide range of international protection and other issues.


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Australia is also an active participant at the Annual Tripartite Consultations on

Resettlement (ATCR), which was formed in 1995. The consultations bring together

UNHCR, resettlement states and non-government organisations (NGOs), providing

the opportunity to address a range of policy and procedural matters, includingadvocacy, capacity building and operational support. In addition to the yearly ATCR

meeting, there are two Working Group on Resettlement (WGR) meetings each year.

The WGR meetings focus on policy and operational issues relating to resettlement,

such as caseload specific issues and the challenges faced by emerging

resettlement countries. States chair the ATCR/WGR meetings on a rotating basis,

working with an NGO partner from the same country. Australia will take over the

chair of ATCR/WGR in July 2011 with the Refugee Council of Australia as the

partner NGO.

Refugee children from Burma wait at the UNHCR office in Kuala Lumpur, Malaysia, for a resettlementinterview for the Czech Republic. Australia has been a strong supporter of emerging resettlement countriesthrough forums such as UNHCRs Working Group on Resettlement. UNHCR/Y. Ismail/July 2008


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These meetings also provide a forum for planning cooperative action on refugee

issues by resettlement states and UNHCR. A range of policy responses have been

generated by the working groups that have resulted in effective strategies to unlock

a number of challenging protracted refugee situations, including:

Commencement of a joint large-scale resettlement of Bhutanese refugees

in Nepal following a decade of political deadlockAustralia has been a key

participant in the Bhutanese Core Group, first established in 2005 to resolve

the impasse between the governments of Bhutan and Nepal over the plight

of Bhutanese refugees in Nepal as a protracted situation. The efforts of the

Bhutanese Core Group in engaging with the Government of Nepal have paved

the way for large-scale Bhutanese refugee resettlement in Australia and other

countries since 2008.

Joint resettlement activity for Burmese Rohingya in BangladeshAustralia

has been an active participant in the steering group focusing on the plightof Rohingya refugees, who have languished in camps in Bangladesh for

decades. The Rohingya have been stripped of their citizenship by the Burmese

Government and face severe persecution if they attempt to return home.

A number of strategies have been implemented to improve conditions for

the Rohingya, including the provision of new housing, health and education

services in the camps. Durable solutions such as local integration and the

resettlement of a small number of refugees in particular need of protection are

also being explored. Australia has resettled small numbers of Rohingya refugees

since 200809. Working in cooperation with other resettlement countries and UNHCR on

a number of priority refugee situations. These refugee situations have been

identified by UNHCR as in need of a focused, coordinated approach by

resettlement states to find ways to assist refugees in the country of asylum and

to develop robust strategies that will help identify viable and durable solutions.

In addition to participating in broader international forums, Australia is a leader

in refugee policy and action within our own region. Because refugees and other

displaced people are particularly vulnerable to exploitation by people smugglersand people traffickers, Australia has reinvigorated efforts to work closely with

countries in our region to address the challenges of people smuggling and ensure

that refugees are not subjected to dangerous sea journeys. This includes:

commitment to working with regional partners through the Bali Process on

People Smuggling, Trafficking in Persons and Related Transnational Crime

practical support for the care of people intercepted in transit countries while any

claims for protection are considered

the development of a Regional Cooperation Framework.


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Regional Cooperation Framework

Recognising that irregular migration is a global issue requiring an international

response, on 30 March 2011, ministers at the 4th Ministerial Conference of

the Bali Process on People Smuggling, Trafficking in Persons and Related

Transnational Crime agreed to establish a regional cooperation framework to

enhance the regions response to irregular migration. This is a key milestone in

the regions response to this challenge and demonstrates a clear recognition by

Bali Process members of the need for cooperative international arrangements

to improve the treatment of asylum seekers and to undermine the people

smuggling trade. The framework promotes enhanced consistency in asylum

processing, sustainable return of people found not to be owed protection and

durable solutions for those determined to be refugees.

Its establishment reflects the culmination of significant Australian diplomacy

to engage with key regional partners and international organisations to secure

the endorsement of a cooperative approach. It also builds upon a UNHCR

discussion paper on regional cooperative approaches to refugees, asylum

seekers and irregular migration that was considered in November 2010 at a

Bali Process workshop.

The regional cooperation framework is based on the concept of

burden-sharing and cooperation between source, transit and destination

countries. The framework lays the foundation for the implementation

of practical arrangements to undermine people smuggling and createdisincentives for irregular movement. On 7 May 2011, the Governments of

Australia and Malaysia announced they would enter into a burden-sharing

arrangement as an initial step under the regional cooperation framework.

Representatives from 32 member countries of the Bali Process have agreed

to work to develop the detailed practical arrangements that will underpin the

framework, whether they are bilateral arrangements between participating

states, or broader subregional activities. Australia will continue to work closely

with regional partners and international organisations to examine and develop

the measures that might be implemented in the near term.

Details of the framework, set out in the Bali Process Co-Chairs Statement, are

available from the Bali Process website at www.baliprocess.net.
http://www.baliprocess.net/http://www.baliprocess.net/


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International development assistance

Australia helps to ease the plight of refugees and displaced persons through

targeted development assistance provided by Australian Government agencies,

including the Australian Agency for International Development (AusAID) and the

Department of Immigration and Citizenship.UNHCR remains a key partner of Australia for their unique mandate to protect

refugees and resolve refugee problems worldwide. Australias aid and immigration

programs contribute both financially and practically to UNHCR and other key

humanitarian agencies to support the protection of refugees and improve their

conditions. In 2010, Australia provided over $50 million to UNHCR.

Australia provides approximately 150 000 wheat equivalent tonnes of food

assistance every year to people in crisis in countries such as Burma, Niger,

Pakistan and Sri Lanka. Australias humanitarian aid program includes projects

targeting disaster risk reduction and preparedness; conflict prevention,

management and reduction; peace building; and post-emergency recovery and

reconstruction. In 201112, AusAID has committed around $325 million forhumanitarian, emergency and refugee programs (Portfolio Budget Statements

201112: Department of Foreign Affairs and Trade, May 2011).

Classes provided by UNHCR in one of the elementary schools for Congolese refugees in the Kala

refugee camp, Zambia, with instruction in French to ease their return home. UNHCR/J. Redden/March 2006


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Australia also contributes to the long-term resolution of refugee situations and

the stabilisation and protection of displaced populations through the Displaced

Persons Program. In 200910, Australias assistance included projects delivered

through international organisations and NGOs such as:

support for a long-term strategy for protection capacity building in Indonesia

assistance for vulnerable returnee families in Afghanistan

medical support for registered refugees in Iran care and maintenance of Afghan refugees in Pakistan

improvement of basic living conditions for Rohingya refugees in Bangladesh

reinforcing UNHCR registration and refugee status determination.

Asylum

The onshore component of Australias Humanitarian Program fulfils Australias

obligations under the Refugees Conventionand the 1967 Protocolby granting

Protection visas to applicants within Australia who are found to be refugees.Further information is provided in Chapter Three.

Resettlement

Some countries receive large numbers of asylum seekers, and focus their efforts

on assisting those who claim their protection under the Refugees Convention.

As Australia receives comparatively few asylum seekers, we go beyond our

international obligations and work closely with UNHCR to help protect refugees in

other countries through resettlement.

Bhutanese refugees in Sanischare camp, Nepal. While UNHCRs main focus is the provision ofprimary education, the UN refugee agency also tries to facilitate the access to secondary and tertiaryeducation, mainly through scholarship programs. UNHCR/J. Rae/December 2007


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Australia is one of just a handful of countries that operate well-established and

successful resettlement programs. Our program is designed to help people who

are in greatest need and is one of the largest of its kindAustralia, Canada and

the United States are the top three resettlement countries in the world. In addition

to the countries with consistent programs, others also resettle refugees on a less

regular basis. This means the total number of resettlement countries changes from

year to year, with 19 countries resettling a total of 112 400 people in 2009.

Australias refugee caseload varies over time, to reflect changes in the global

refugee situation. The Humanitarian Program offers resettlement to refugees and

others overseas who have links to Australia, who are subject to human rights

abuses in their home countries, are in need of assistance and for whom other

durable solutions cannot be found.

Working closely with our international partners is critical to the success of our

resettlement program, and Australia has responded on a number of occasions toUNHCR appeals seeking emergency assistance with specific refugee caseloads in

urgent need of protection. Recent examples are:

Australia is resettling Somali refugees who have been stranded in isolated desert

camps in Eritrea for many years

in 2009, Australia, together with other resettlement countries, cooperated to

resettle Palestinian Iraqi families trapped in desolate camps on the border of Iraq

and Syria.

Since 2010, the government has significantly increased resettlement of refugeeswithin our region. This recognises the increase in asylum seekers arriving from

outside the region, and the need for countries to work cooperatively to share the

burden of refugee protection.

Further details are provided in Chapter Four.

Figure 2: Third-country resettlement of refugees by destination in 2009*

United

States

Canada Australia** Germany Sweden Norway Other

(13 countries)

Total

79 900 12 500 11 100 2100 1900 1400 3500 112 400

Source: UNHCR Statistical Yearbook 2009 (published December 2010)* UNHCR statistics are based on a calendar year, while Australian statistics are based on the financialyear. Statistics for the USA, Canada and Australia may also include persons resettled for the purpose offamily reunion or under other humanitarian programs.** In the 200910 program year Australia resettled 9236 people from overseas and granted 4534 visasto onshore protection applicants.


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From Afghanistan

Nasrullahs story

For more than 30 years Afghanistan has been

a key refugee source country. Tribal warfare,

Soviet occupation, religious oppression,

persecution of ethnic minorities and the

ongoing war between the Taliban and Coalition

forces have plagued the population and

currently more than 3.2 million Afghans areforcibly displaced within Afghanistan and in

neighbouring countries.

In the midst of this conflict and instability,

Nasrullah was separated from his family. For

more than 15 years he lived in exile, unable

to return to Afghanistan or contact his family

and uncertain if they were alive or dead. He

searched for them throughout Pakistan and Syria before he finally received news

his sons were alive and living with his parents in Australia.In 2010, after 15 years apart, Nasrullah was reunited with his family. It was difficult

for me when I first arrived in Australia. I had moved from country to country and

had finally reached my destination. I was coming to be with my family. My children

are with me now.

Living in Griffith, rural New South Wales, Nasrullah is working hard to use his artistic

skill as a glass engraver and designerlaunching an exhibition of his artwork

during Refugee Week 2011.

I had to start workI have been working for most of my life! I have these skills thatI would like to share with anyone thats interested. I want to show the community

and the world what I am capable of. Step by step, I will get there. I am learning

English and cant wait to be fluent!

Anyone coming to Australia should be patient and take the time to learn. Once

you become accustomed to life in Australia, there are endless opportunities. I am

learning and one day will start my own company. I want to work in my field and

pass on my skills. I want to teach and employ many people.

I have a goalI love Australia and want to offer something new and different. It will

take time, but I will get thereit will be great for me and for Australia.

Griffith City Council/R. Braniff


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Chapter Two: Australias Humanitarian Program

What is the Humanitarian Program?

The Australian Government has two permanent immigration programs. TheMigration Program caters for people who wish to work in Australia or be reunited

with their families. The Humanitarian Program assists refugees and others in

humanitarian need to resettle in Australia and rebuild their lives.

The Humanitarian Program has two important functions. It offers:

protection for people in Australia who are found to be refugees according to the

Refugees Convention(known as the onshore protection/asylum component)

resettlement in Australia for people overseas who are in the greatest need of

humanitarian assistance (known as the offshore resettlement component).

Chapters Three and Four of this booklet provide further details on the onshore and

offshore components of the Humanitarian Program.

Planning the Humanitarian Program

Australias Humanitarian Program follows the financial year 1 July to 30 June. Each

year, the Australian Government decides the size and regional composition of the

program, taking into consideration advice from UNHCR on global resettlement

need and priorities. These decisions also take into account the views of theAustralian public and Australias capacity to support new entrants to settle

in Australia.

The Humanitarian Program is characterised by its flexibility. Each year, the size and

focus of the program changes in response to evolving humanitarian situations and

changes to the global need for resettlement.

From 199697 to 200304, Australias Humanitarian Program was set at 12 000

new places each year. In 200405 the Humanitarian Program was increased to

13 000 new places and remained at this level until 2008. In 200809 the program

increased to 13 500 new places, with a one-off increase of 500 places for refugees

affected by the conflict in Iraq.

From 200910 the program was further increased to 13 750 places per year for the

following four years to 201213. This includes 6000 places for refugee resettlement

and 7750 places for people in refugee-like situations overseas who have strong

links to Australia, and for people who are granted Protection visas within Australia.

In May 2011, the government announced that the program would be expanded

by 4000 places over four years as part of the commitment outlined in Chapter

One to enter into a burden-sharing arrangement with Malaysia under the regionalcooperation framework. This means that the program will include 14 750 places in

201112. This new annual intake will be the highest since 199596.


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The consultation process

The government has a comprehensive consultation process to inform decisions

about the size and composition of the program. This process can include:

preparation of a discussion paper on the Humanitarian Program that identifies

key issues and is made available on the departments website consideration of UNHCR advice on global resettlement needs and priorities

a submission from the Refugee Council of Australia (RCOA) incorporating

the views of more than 140 member bodies

intergovernmental consultationsthe Department of Immigration and

Citizenship undertakes broad discussions with many Australian Government

departments, including the Department of the Prime Minister and Cabinet, the

Department of Foreign Affairs and Trade, the Department of Families, Housing,

Community Services and Indigenous Affairs, the Department of Health andAgeing and AusAID

an invitation from the Ministerto state and territory premiers and chief

ministers and their opposition counterparts to provide submissions on behalf of

their jurisdictions

consultations with peak bodies engaged in the sector

the views of the Australian publicexpressed in letters, submissions and

meetings throughout the year.

Once this consultation has been completed, the government decides how manypeople will be accepted under the Humanitarian Program, and what the program

priorities will be. These decisions are usually announced as part of the Federal

Budget in May.

A short history of Australias Humanitarian Program

The foundations of the program

Since the end of World War II, Australia has accepted more than 750 000 refugees

and people in humanitarian need for resettlement and protection.

Humanitarian resettlement in Australia began with around 170 000

Eastern Europeans who had been displaced by World War II, and who arrived

between 1947 and 1954. The next two decades welcomed thousands of refugees

from crises throughout Europe, including the Hungarian uprising of 1956 and the

Warsaw Pact military intervention in Czechoslovakia in 1968.

There were many changes to global politics during the 1970s and therefore

changes in the groups needing resettlement. The 1973 coup dtat in Chile brought

General Augusto Pinochet to power and saw the first of more than 16 000 peoplefrom Central and South America begin to arrive in Australia. Another significant year


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was 1975, with civil war compelling 18 000 Lebanese to migrate to Australia and

the end of the Vietnam War sparking massive outflows of Lao, Cambodian and

Vietnamese refugees seeking asylum in South East Asia and directly in Australia.

The Indochinese refugee crisis prompted the government of the time to introduce

a clear refugee policy and administrative machinery in 1977. Before this, Australias

approach to refugee resettlement was largely to respond to specific international

events as they arose.

The key components of the new policy announced by the then Immigration

Minister Michael MacKellar were:

the decision to accept refugees should always remain with the Australian

Government while honouring our international obligations

Australia should increasingly engage with the international community to resolve

global refugee issues

a regular and planned Humanitarian Program should be established, based on

community consultation and Australias capacity to assist (there was recognition

that unlike other migrants, refugees need a program specifically tailored to their

special needs)

enhanced administrative mechanisms to deal with refugee issues should be

established, with the Department of Immigration and Ethnic Affairs (the portfolio

at the time) as the lead agency

an efficient and fair mechanism to determine onshore protection claims should

be established.

These basic principles have remained fundamental to Australias refugee policy

for more than 30 years and have been flexible and robust enough to respond to

evolving circumstances.

Afghan refugees in Roghani camp, near Chaman in Pakistan. UNHCR/P. Benatar/December 2001


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Key legislative and policy changes

Until late 1981, almost all arrivals under the Humanitarian Program were refugees.

The Special Humanitarian Program (SHP) was introduced in 1981 to provide

resettlement in Australia for people who were living outside their home country, had

suffered substantial discrimination amounting to a gross violation of human rights intheir home country and who had family or community ties to Australia.

The Indochinese situation was the focus of Australias Humanitarian Program

for close to a decade, but by the mid 1980s the program had become global,

with priority being given to applicants who had family or other close links with

Australia. The program had diversified with up to 40 nationalities represented,

including significant Eastern European, Latin/Central American and Middle

Eastern caseloads.

By the late 1980s the SHP had steadily become the main category in the program.

In 1989, which was a significant year in the evolution of the Humanitarian Program

and associated policy, further changes were made:

immigration decision-making moved from a policy/discretion based

system to a regulatory environment involving an application and a legal

decision-making process

Australia played a key role in the development and operations of the

Comprehensive Plan of Action (CPA) for Indochinese remaining in camps in

South East Asiaby the end of the action plan in 1996, Australia had resettled

approximately 19 000 Indochinese under the CPA and 150 000 in totalsince 1975

the Woman at Risk and Emergency Rescue visa subclasses were introduced

and onshore Protection visa grants were included in the Humanitarian Program

for the first time

The aftermath of the Gulf War of 1991 resulted in a significant increase in

the Middle Eastern caseload. The 1990s also saw growing resettlement

following the war in the former Yugoslavia. At the same time there was ongoing

community support for aiding other ethnic groups with close links to Australia

whose lives were severely affected by conflicts in their countries, but who did

not meet the traditional humanitarian resettlement criteria. The governments

response was the introduction of the Special Assistance Category (SAC) in

April 1991.

Overall, ten SACs were introduced. These included the following groups:

Soviet minorities

East Timorese living in Portugal, Mozambique or Macau

citizens of the former Yugoslavia

Burmese


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Vietnamese

Cambodians

Sri Lankans

Sudanese.

The major growth in the SAC program occurred after the SAC for citizens of the

former Yugoslavia was introduced.

In January 1993, the government separated the Humanitarian Program from the

Migration Program to provide a better balance between Australias international

humanitarian objectives and the domestic, social and economic goals guiding the

annual Migration Program.

In 199596, SACs provided visas to 6910 people and more than half of the

Humanitarian Program comprised either SAC or onshore protection grants. A

review of the SAC program in 1996 determined that all the categories would be

gradually brought to a close by the end of 2001.

Other changes introduced in the 1990s included:

linking the onshore and offshore components of the Humanitarian Program in

1996 to improve program management

incorporating split family provisions within the SHP in 1997 to enable

permanent refugee and humanitarian visa holders to propose members of their

immediate family.

Since the end of the 1990s there have been many changes for the Humanitarian

Program. A spike in the number of people arriving in Australia by boat and applying

for asylum in 19992000 led to a range of operational and legislative measures

introduced in 1999 and 2001. These included:

penalties for people smugglers

Temporary Protection visas (TPVs)

the excision of some Australian territory from the migration zone

the offshore processing of asylum seekers who arrived at these locations.

Following the 2007 federal election, the incoming government closed the Offshore

Processing Centres on Nauru and in Manus Province in Papua New Guinea and

abolished TPVs. While maintaining excision, the government also enhanced the

processing arrangements for asylum seekers arriving at excised Australian territories.

These arrangements include access to publicly funded migration assistance, access

to independent merits review and oversight by the Ombudsman.


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In 2011, the government made further changes to reception and processing

arrangements for irregular maritime arrivals. The first is a new streamlined

Protection Obligations Determination (POD) process to assess asylum claims made

by irregular maritime arrivals. The new framework is intended to ensure cases are

resolved as quickly as possible while continuing to provide procedural fairness

and access to independent merits review. The second change is designed to

discourage people from risking their lives in the dangerous sea journey to Australia,

by no longer guaranteeing that asylum claims would be assessed in Australia.

Further details are provided in Chapter Three.

Source countries for the humanitarian intake

In recent history, the overall size of the Humanitarian Program increased in

response to the global need for resettlement, from 12 000 places in 199899

to 14 750 places in 201112.Initially, Europe was the largest source region with around half those resettled

between 1998 and 2001, but at the same time the proportion of resettlement

from the Africa region increased from around 16 per cent in 199899 to a peak

of 70 per cent between 2003 and 2005. The main countries of birth for these

entrants included Sudan, Liberia, the Democratic Republic of Congo, Burundi

and Sierra Leone. Resettlement from this region dropped off again after 2005 due

to improvements to the situation in some African conflict areas and successful

UNHCR repatriation efforts, but Africa remains a key focus of the Humanitarian

Program today.

Due to various conflicts in the Middle East and South West Asia (predominantly

Afghanistan and Iraq) this region has also seen large numbers of people in need of

humanitarian assistance. Since 199899 Australia has, on average, offered around

one third of the available resettlement places each year to people from these areas.

Since 200506 the focus of the program has gradually shifted to also include Asia, due

to the increased access to refugee groups such as the Burmese in Thailand and, more

recently, Bhutanese in Nepal and Rohingya in Bangladesh. In 200910, 39 per cent of

the offshore humanitarian visas were granted to people from this region.

Australia has a long and proud tradition of resettling refugees and people

in humanitarian need. The fundamentals of the Humanitarian Program and

associated policy that were established more than 30 years ago have served

the Australian Government and community remarkably well and have assisted

many thousands of refugees to find safety and rebuild their lives. Importantly,

the Humanitarian Program has also been able to evolve over time to respond to

changing domestic and international environments and to accommodate changes

in government objectives.


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Figure 3: Historical resettlement to Australia

1. More than 3400 people from Sierra Leoneresettled since 1999

2. Around 3000 Liberians resettled since 20043. More than 2800 Congolese (Democratic

Republic) since 2005

4. 170 000 displaced persons from EasternEurope between 1947 and 1954

5. Almost 6000 Czechs resettled after thePrague Spring in 1968

6. 14 000 Hungarians resettled after the1956 uprising

7. Around 42 000 people resettled fromthe former Yugoslavia since 1991

8. 18 000 Lebanese resettled after the1975 civil war

9. Around 29 000 Sudanese resettledsince 1996

10. More than 3600 Ethiopians resettledsince 2000

11. More than 3500 Somalis resettledsince 1996

12. Around 52 000 people resettled from theMiddle East and South West Asia sincethe late 1970s

13. 14 000 White Russians from Chinaresettled between 1947 and 1985

14. Nearly 2700 Bhutanese resettledsince 2008

15. Almost 12 000 Burmese resettled since2004

16. More than 155 000 Vietnamese resettledsince 1975

17. More than 16 000 people from Central andSouth America resettled since 1973

Around 750 000 people in humanitarian need resettled since 1945

12

3

4

5

7

6

910

11

8 12

15

14

13

16

17


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From Iran

Zarahs story

Zarah grew up in Iran during the 1980s, a

period dominated by the Iran-Iraq War when

the country was being established as an Islamic

Republic following revolution in 1979. During

her lifetime Iran has become known for political

authoritarianism and the oppression of women.

Zarahs book My Life as a Traitortells the storyof how she was imprisoned following student

protests in 2001. After being subjected to

physical and psychological abuse at the hands

of the prison guards, she was finally released

and sought help from a friend to escape the

country. After she arrived in Australia on a visitor

visa she applied for asylum and was found to

be a refugeebeing granted a permanent Protection visa in 2003.

I left my family and friends, and everything I knew about life in Iran. An Australianjournalist I met in Tehran helped me when I first arrived in Australia and I lived with

him and his wife until I found a home and a job.

I have met amazing people who have helped me get to where I am now, but I have

also faced many obstacles such as racism at work and even in the supermarket.

However, such experiences have motivated me to write and express my views

more strongly, to introduce my birth country and culture in positive light. I have lived

in Australia for many years now and have a mixed group of friends from various

walks of life. I try very hard with my pre-school aged son to ensure that he accepts

people for who they are and not for what they look like.

There are people all around the world who struggle to put bread on the table for

their families. It is sad I dont get to see my family, but they know I am safe and I

feel gratitude towards life.

I inspire myself!

Zarahs story and achievements are also featured in the departments publication

A Significant Contributionwhich summarises the findings of a research report by

Professor Graeme Hugo on the economic, social and civic contributions of first and

second generation humanitarian entrants.

Photo courtesy of Zarah


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Chapter Three: Protectionthe onshore component of the Humanitarian Program 27

Chapter Three: Protectionthe onshorecomponent of the Humanitarian Program

Australias obligations to refugeesAustralias main obligation under the RefugeesConvention(see Chapter One) is to

provide protection to people who are in Australia and who face persecution in

their home country on account of their race, religion, nationality, membership of a

particular social group or political opinion. This includes not returning refugees to

places where their lives or liberties are in danger (non-refoulement).

An asylum seeker is someone who is seeking international protection but who may

not necessarily be found to be a refugee. A refugee is someone who satisfies the

grounds provided under the RefugeesConvention.

The RefugeesConventiondefinition of a refugee does not cover people who

leave their country because of generalised civil disturbance or war, famine, natural

disasters or in order to seek a better life, if they are not also persecuted for one of

the five grounds for protection specified in the convention.

A little more than half of the asylum seekers who sought protection in Australia in

200910 arrived by air and the remainder were irregular maritime arrivals (IMAs).

There is no offence under Australian law that criminalises the act of arriving in

Australia or the seeking of asylum without a valid visa. However, different legal

and administrative arrangements apply depending on the method and locationof arrival.

In general, those who arrive by air may apply for a Protection visa (PV) directly

and have their claims assessed. Irregular maritime arrivals who are processed

in Australia first have their claims considered (known as a refugee status

determination or RSD) and, if found to be a refugee and subject to the Ministers

approval, are then eligible to apply for a Protection visa.

Figure 4: Asylum seekers in 200809 and 200910

Program year Non-IMA PV applications lodged IMA Refugee status

determination requests

Total

200809 5074 686 5760

200910 5978 4597 10 575

Source: Department of Immigration and Citizenship


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Figure 5: Protection visa applications lodged (non-IMA) and refugee status

determination requests (IMA) in 200910 by top five countries of citizenship

Citizenship PV applications lodged

(non-IMA)

Citizenship Refugee status determination

requests (IMA)

China (PRC) 1288 Afghanistan 2654

Fiji 559 Sri Lanka 920

Iran 376 Stateless 457

Zimbabwe 371 Iraq 252

Pakistan 342 Iran 198

Other 3042 Other 116

Total 5978 Total 4597


Refugee status determination in Australia for irregular maritime arrivals

Changes to Australias refugee status determination process for IMAs

commenced on 1 March 2011, to ensure a more robust and efficient process

for resolving asylum seekers claims.

The Protection Obligations Determination (POD) process replaced the refugee

status assessment process used for IMAs. The changes were in response to

the High Courts decision of 11 November 2010 that all IMAs are able to seek

judicial review of a negative assessment of their claims for refugee status.

The process consists of two parts: a Protection Obligations Evaluation

(POE) conducted by a departmental officer and an Independent Protection

Assessment (IPA) conducted by an independent protection assessor. All IMAs

are assisted by a migration agent to prepare their statement of claims and any

submissions to support their case.

Where the officer considers the person is owed protection under the

RefugeesConvention,a recommendation will be made to the Minister to allow

the lodgement of a Protection visa application. The grant of a Protection visa

is subject to the applicant meeting other immigration criteria such as health,character and security.

If the POE officer concludes that they are not satisfied that the person is owed

protection, the case will be immediately referred to an independent protection

assessor for an IPA.

The independent protection assessor will consider the case and make a

recommendation as to whether a person is or is not owed protection. The

independent protection assessor will conduct a further interview, unless they

are in a position to make a recommendation that the person is owed protectionbased on the information available to them.


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Protection visas

A person who applies for a Protection visa is asked to explain in writing the

reasons why they are seeking asylum. The Immigration Advice and Application

Assistance Scheme (IAAAS) helps asylum seekers who are in detention, or

who are disadvantaged, with immigration advice or assistance in preparingtheir applications.

After an application is lodged the case is assigned to a trained departmental officer

and the person is invited to attend an interview to discuss their claims and provide

further information if required.

The claims made by the person are then assessed against the criteria contained in

the RefugeesConventionand, in accordance with Australian legislation, case law

and up-to-date information on conditions in the applicants country of origin. For

procedural fairness, applicants are given a chance to comment on any informationunder consideration that may be adverse to their case and to update their claims if

conditions in their country of origin change.

Information consulted by decision-makers comes from a range of sources:

the departments Country Research Service, which gathers information from

sources such as the international media, academics, international agencies,

human rights groups, Australian immigration offices overseas and foreign

governments

relevant departmental guidelines and advice on the law, policy and procedures

the applicants visa application and any further comments provided in writing or

in an interview (with the assistance of an interpreter if necessary).

In general, the department aims to reach a decision on Protection visa applications

within 90 days of receipt. Sometimes this is not possible, including for reasons

outside the departments control such as delays caused by the applicant or in

obtaining health, security or character clearances.

Figure 6: Protection visas granted in 200809 and 200910

Program year Non-IMAs IMAs Total

200809 2173 209 2382

200910 2367 2148 4515

Source: Department of Immigration and CitizenshipNote: shows finally determined grants after review processes have been completed.


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Figure 7: Protection visa grants and grant rates in 200910 by top five

countries of citizenship

Citizenship Non-IMAs Grant rate Citizenship IMAs Grant rate

China (PRC) 492 42.1% Afghanistan 1425 90.5%

Zimbabwe 255 85.3% Sri Lanka 315 84.2%

Pakistan 212 83.8% Stateless 170 88.1%

Iran 211 97.7% Iraq 134 85.9%

Sri Lanka 190 76.0% Iran 64 92.8%

Other 1007 41.2% Other 12 66.7%

Total 2367 51.1% Total 2120 * 88.9%

Source: Department of Immigration and CitizenshipNote: shows finally determined grants after review processes have been completed.* Due to the different methodologies employed, the count of Protection visa grants to IMAs in this table

varies by 28 persons from the official total in Figure 6.

Review rights

If a Protection visa application is refused, the applicant may apply to the

Refugee Review Tribunal (RRT) for a review of the merits of the case, or to the

Administrative Appeals Tribunal (AAT) if the application was refused for character

reasons. Applications for review must be lodged within 28 days of the primary

decision notification.

The Refugee Review Tribunal

The RRT is an independent statutory body with the power to review decisions

on Protection visa applications that do not involve character matters. The RRT

examines the applicants claims against the provisions in the Refugees Convention,

providing an informal non-adversarial setting to hear evidence.

The RRT has the power to do one of the following:

uphold the primary decisionagreeing that the applicant is not entitled to a

Protection visa refer the matter to the department for reconsiderationthe department makes

a fresh assessment of the application, considering the RRTs directions and

recommendations

set aside the departments decision and substitute a new decisionif the RRT

finds that the applicant is entitled to a Protection visa.

A decision by the RRT to set aside a primary refusal does not necessarily indicate

an error in the earlier decision by the department. The RRT considers each

Protection visa application afresh and takes into account any new claims orinformation advanced by the applicant and any changes in country information

which have occurred since the initial decision.


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During 200910, the RRT upheld the departments decision in 75 per cent of all

cases for review decided, while 25 per cent were either referred to the department for

reconsideration or set aside. Further information is available at www.mrt-rrt.gov.au.

Judicial reviewUnsuccessful applicants may also appeal to the courts in certain circumstances.

Judicial reviews are available to consider whether legal errors occurred during the

decision-making process, but not to re-consider the claims made by an applicant.

Ministerial intervention

The Minister for Immigration and Citizenship has a set of powers under section

417of theMigration Act 1958 which allows the grant of a visa, if it is in the public

interest, to certain people who have been found by a review tribunal not to satisfy

the criteria for a Protection visa. These powers are called the public interest

powers or, more commonly, ministerial intervention.

Through this process Australia meets it obligations under a number of international

treaties to afford protection to people who are not refugees but who nevertheless

may not be returned to their country of origin because they would face a real risk of

torture or cruel, inhuman or degrading treatment or punishment or violation of the

right to life.

These treaties are the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment,theInternational Covenant on Civil andPolitical Rights and theConvention on the Rights of the Child.

The Minister may grant a visa under this process for a range of reasons. Very few

Protection visas are granted through this process.

Assistance for asylum seekers whilst their application

is processed

The department provides funding to assist eligible asylum seekers living in thecommunity. Funding is also provided to clients in community detention, which is a

form of immigration detention that enables people in detention to reside and move

about freely in the community without needing to be accompanied or restrained by

an officer under the Migration Act 1958.

This funding scheme is currently administered by the Australian Red Cross,

which is contracted by the department as the lead agency for service provision.

The financial component of this assistance does not exceed 89 per cent of the

Centrelink Special Benefit.
http://www.mrtrrt.gov.au/http://www.mrtrrt.gov.au/


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Other services are also provided to support eligible asylum seekers living in the

community, and clients in community detention, to access basic and essential

health and mental health services and to source culturally appropriate links and

essential services in the community.

Assistance for asylum seekers who are found to

be refugees

People granted a permanent Protection visa have the same rights as all other

permanent residents, including being eligible to apply for the same benefits as

all other permanent residents and being able to apply for Australian Citizenship

following the required period of residence in Australia.

Refugees have faced extremely difficult circumstances and most arrive in Australia

with no money and no belongings. For this reason refugees are exempt from thestandard waiting period that applies to migrants seeking to access social security

payments or concession cards.

Refugees also receive short-term support from the department aimed at helping

them to settle effectively. This support could include meeting them when they

arrive, help finding suitable accommodation, initial orientation and a package of

basic household goods such as simple furnishings, linen, some white goods and

kitchen equipment. They are provided with English language classes through the

Adult Migrant English Program.

Refugees must meet the same requirements as other Australian citizens and

permanent residents to be eligible for public housingrefugees are not given

preferential treatment and are placed on waiting lists like other eligible people.

Statistics and analysis

More detailed statistics and analysis of asylum in Australia are available on the

departments website at www.immi.gov.au/media/publications/statistics/asylum.
http://www.immi.gov.au/media/publications/statistics/asylumhttp://www.immi.gov.au/media/publications/statistics/asylum


34/58

Chapter Four: Resettlementthe offshore component of the Humanitarian Program 33

A Rohingya refugee woman from Myanmar collects drinking water from a spring on a nearby hill.

Concentration of large numbers of refugees often imply a overuse of limited water-resources, that

exposes refugee/IDP populations and host community to health and security concerns. Coxs Bazaar

District, Bangladesh. UNHCR/G.M.B. Akash/June 2006


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From the DemocraticRepublic of Congo

Valentines story

The Democratic Republic of Congo (DRC) has

a violent history. Following the 1994 genocide in

neighbouring Rwanda, ethnic tensions spread

to other countries in the regionleading to the

Second Congo War which raged from 1998

to 2003, involved eight nations and caused

the deaths of more than 5.4 million people.

This conflict devastated the DRC, now plagued

by widespread disease and famine. Despite

peace agreements, conflict and human rights

abuses continue and refugees still flow from the

DRC into neighbouring countries.

This is the environment where Valentine and his

wife were raising their five eldest sons. Among

the broader population they were luckyValentine has a degree in literature,

speaks five languages and worked as a public servant for the DRC Government.This life changed forever in 2004, when Valentine found out that the Government

was trying to kill a Pastor who had been preaching anti-Government messages.

When Valentine saved the Pastors life by helping him escape the country, he was

arrested and thrown into prison. After being held for a week and tortured severely,

Valentine was able to escape. It was not safe to stay in the DRC, so he fled with his

family to a refugee camp across the border in Zambia.

The family spent five years living in this refugee camp. It was very hard because we

had to leave everything behind when we fledall our money, our car, our house,

our clothes. We had to survive with nothing, and it was not until we were accepted

by Australia that we had the opportunity to begin rebuilding, Valentine recalls.

Since arriving in Australia a year ago, things are looking up. His sons are attending

school and he hopes that they will all go on to university. Valentines skill at

languages helped him learn English fast, and he is using his talent working at the

local Migrant Resource Centre, interpreting for new arrivals.

I am very happy here. I want to continue studying and improve my skills so that

I can contribute to Australia. My hope is to work to help the Australian people

who have helped me, and to help new arrivals coming to Australia so they can dothe same.

DIAC / A. Maria


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Chapter Four: Resettlementthe offshorecomponent of the Humanitarian Program

The offshore component of the Humanitarian Program helps people who are

subject to persecution or substantial discrimination amounting to gross violation of

their human rights in their home countries and have fled their home country.

In the last decade, more than 100 000 refugees have been resettled in Australia,

representing over 50 different nationalities.

Figure 8: Humanitarian Program visa grants by category

Category 200506 200607 200708 200809 200910

Refugee 6 022 6 003 6 004 6 499 6 003

Special Humanitarian 6 836 5 275 5 026 4 511 3 233

Onshore Protection 1 272 1 701 1 900 2 492 4 534

Temporary Humanitarian Concern 14 38 84 5

Total 14 144 13 017 13 014 13 507 13 770


Humanitarian visa categories and subclasses

Within the offshore Humanitarian Program there are five visa subclasses.Four subclasses fall within the Refugee category and one within the

Special Humanitarian Program (SHP).

Refugee category

The Refugee category assists people who are subject to persecution in their home

country and have a strong need for resettlement. Persecution may be targeted on

the basis of race, nationality, religion, membership of a particular social group or

political opinion and involve harassment such as arbitrary arrests and interrogation,

detention, damage to property, physical abuse including assault and, in extreme

cases, torture.

In selecting people under this category Australia works closely with UNHCR

which refers most of the successful applicants for resettlement in Australia.

The visa subclasses within the Refugee category are:

Refugeefor applicants who have fled persecution in their home country and

are living outside their home country

In-country Special Humanitarianfor applicants living in their home country

who are subject to persecution


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Emergency Rescuefor applicants who are living in or outside their home

country and who are in urgent need of protection because there is an immediatethreat to their life and security

Woman at Riskfor female applicants and their dependants who are subject

to persecution or are people of concern to UNHCR, are living outside their

home country without the protection of a male relative and are in danger of

victimisation, harassment or serious abuse because of their gender. This

subclass recognises the priority given by UNHCR to the protection of refugee

women who are in particularly vulnerable situations.

In 200910, 13.4 per cent of the Refugee category allocation was granted to

Woman at Risk applicants, exceeding the nominal annual target of 12 per cent

(see Figure 9). Since the Woman at Risk visa subclass was established in 1989 a

total of 10 404 Woman at Risk visas have been granted.

The Australian Government fully funds the travel for successful applicants under

the Refugee category.

Palestinian refugee boy from Baghdad living in no mans land between the Iraqi and Syrian borderat Al Tanf Refugee Camp. UNHCR/J. Wreford/January 2007


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Figure 9: Woman at Risk grants

Grants Per cent Total

Refugee

grants

Top 5 countries of birth

200001 402 10.1% 3 997 Afghanistan Yugoslavia

(Former)

Croatia Bosnia and

Herzegovina

Sierra Leone

200102 478 11.5% 4 160 Afghanistan Yugoslavia

(Former)

Iraq Sudan Sierra Leone

200203 504 11.5% 4 376 Afghanistan Sudan Liberia Iraq Yugoslavia

(Former)

200304 393 9.5% 4 134 Afghanistan Sudan Iraq Liberia Sierra Leone

200405 841 15.3% 5 511 Liberia Afghanistan Iraq Sierra Leone Burundi

200506 995 16.5% 6 022 Afghanistan Liberia Burundi Burma Iraq

200607 980 16.3% 6 003 Afghanistan Burma Congo

(Democratic

Republic)

Burundi Iraq

200708 819 13.7% 6 004 Afghanistan Burma Congo

(Democratic

Republic)

Iraq Somalia

200809 788 12.1% 6 499 Afghanistan Burma Iraq Somalia Burundi

200910 806 13.4% 6 003 Burma Afghanistan Congo

(Democratic

Republic)

Iraq Ethiopia /

Somalia

Source: Department of Immigration and CitizenshipNote: this table measures Woman at Risk grants as a proportion of all Refugee visas granted

The Special Humanitarian Program

The SHP is for people who have been subject to substantial discrimination

amounting to gross violation of their human rights in their home country, are living

outside their home country at the time of application and have links with Australia.

Substantial discrimination involves the deprivation of their basic human rights such

as access to education and employment, freedom of speech and freedom to

practise ones religion.

The SHP also provides for the immediate family of persons who have been grantedan SHP visa overseas or a Protection visa in Australia.

Applications for SHP visas must be supported by a proposer in Australia. If the

application is successful, SHP proposers help the applicant organise and pay for

their travel to Australia and assist with their accommodation and initial orientation

in Australia. SHP proposers must be an Australian citizen, permanent resident

or eligible New Zealand citizen over the age of 18, or an organisation operating

in Australia.

People who would like to propose an SHP applicant can find more information,

including application forms, on the departments website at www.immi.gov.au/visas/humanitarian/offshore.
http://www.immi.gov.au/visas/humanitarian/offshorehttp://www.immi.gov.au/visas/humanitarian/offshorehttp://www.immi.gov.au/visas/humanitarian/offshorehttp://www.immi.gov.au/visas/humanitarian/offshore


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No interest travel loans scheme (NILS)

To assist SHP visa holders and their proposers fund the cost of travel to Australia,

the International Organization for Migration (IOM) operates a no interest travel

loan scheme.

While refugee subclass visa holders have their passage to Australia fully funded bythe Commonwealth, SHP entrants (and in effect their proposers) are responsible

for funding their own travel.

Proposers, whose family members have been granted a subclass 202 visa, are

eligible to apply for a loan which provides up to 75 per cent of the travel costs

interest free. A deposit of 25 per cent is paid prior to the travel arrangements

being made. The loan is repaid after the familys arrival in Australia over a period of

24 months, using Centrelinks Centrepay Deduction facility.

As well as helping with the cost (and booking) of travel, IOM also provides adviceand support before, during and after the familys journey to Australia. IOM has

access to discounted fares not readily available to other travellers and provides

assistance in attaining any documentation necessary to facilitate departure to

Australia. Dedicated staff are also present at most points of transit to ensure a

smooth transition between flights.

Further information, including NILS application forms, can be found at

www.iom.int/australia/projects.html.

Amina fled Tripoli with her son and husband after gangs looted their house and threatened themwith violence. UNHCR/A. Braithwaite/2011
http://www.iom.int/australia/projects.htmlhttp://www.iom.int/australia/projects.html


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The International Organization for Migration

Established in 1951 as an intergovernmental organisation to resettle European

displaced persons, refugees and migrants, the International Organization

for Migration (IOM) has now grown to encompass a variety of migration

management activities throughout the world. Acting with its partners in the

international community, IOM upholds the human dignity and wellbeing of

migrants; encourages social and economic development through migration;

assists in meeting the operational challenges of migration and advances

understanding of migration issues.

Source: IOM website

Assessment of an applicationPeople who apply for resettlement in Australia must meet criteria set down in

Australian law. Each applicant is individually assessed against these criteria,

which are designed to ensure that visas are granted to applicants with the most

compelling need for humanitarian resettlement. Requirements also include health,

character and national security checks. Applicants must be outside Australia when

they apply and when the application is finalised.

While all refugee applications are processed by Australian immigration staff in

overseas offices, most SHP applications from people in Africa and the Middle East

(including South West Asia) are lodged at the departments Offshore Humanitarian

Processing Centres in Sydney and Melbourne. After initial assessment, these

applications are either declined or referred to the appropriate overseas office for

further processing. For details on application lodgement procedures please refer to

the departments website www.immi.gov.au/visas/humanitarian .

Figure 10: Number of applications lodged for the past five program years

200506 200607 200708 200809 200910

Refugees 12 090 19 957 12 880 12 453 12 552

Special Humanitarian 69 592 60 329 34 451 34 457 34 570

Total 81 682 80 286 47 331 46 910 47 122

http://www.immi.gov.au/visas/humanitarianhttp://www.immi.gov.au/visas/humanitarian


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Health, character and national security checks

As outlined in Chapter Three, all visa applicants must satisfy public interest criteria

intended to protect the Australian community. These criteria include health,

character and national security requirements.

Pre-departure medical screening

Pre-departure medical screening (PDMS) is a voluntary health check typically

undertaken around three days before travel to Australia. This check is in addition

to the stringent health check applicants must undertake before a visa can be

granted. It ensures that visa holders are fit to travel to Australia, recognising the

possibility for changes in their health between the initial health assessment and

their departure.

Depending on the location, PDMS may include testing for communicable diseases,

a physical examination and assessment of the visa holders general health status

and fitness to travel.

If any health problems identified at the PDMS compromise the visa holders fitness

to travel, medical treatment is provided free of charge. Their visa status is not

affected and they can travel to Australia as soon as they are considered fit to do

so. PDMS also links clients to the healthcare services they need after they arrive

in Australia.

PDMS was first introduced in East and West Africa in August 2005 and has sincebeen expanded to cover North and South Africa; the Middle East and Turkey; and

a range of locations across Asia. The location of PDMS services will continue to

reflect the source locations of the refugee and humanitarian caseload.

Application processing times

The department appreciates the difficulties faced by humanitarian visa applicants

while their applications are processed, and gives a high priority to finalising

these applications.

Service standards require that 75 per cent of all offshore humanitarian applications

are finalised within twelve months of lodgement.

Application processing times will vary according to circumstances in the country of

residence, the results of medical checks, any character concerns prompted by the

applicants personal history and other variables that are outside the control of the

departments visa decision-makers.


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Family reunion

During humanitarian crises and flights to safety, families sometimes become

separated. The Humanitarian Program provides a means for separated immediate

family members of humanitarian entrants to reunite with their family in Australia.

An immediate family member is either the proposers spouse, dependant child or,

if the proposer is not 18 or more years of age, the proposers parents.

If prior to visa grant a humanitarian visa holder declared the details of their

immediate family to the department the visa holder can propose their family for

family reunion under the split family provisions, provided the application is made

within five years of their visa being granted. Eligible family members do not need

to meet the persecution or substantial discrimination criteria, but they must prove

that they have an immediate family relationship and meet the health, character and

national security requirements.

Applicants accepted under these provisions are usually granted the same visa

subclass as their immediate family member in Australia. Holders of Protection

or Resolution of Status visas are also eligible to be reunited with immediate

family members under the Humanitarian Program. These applicants are grantedSHP visas.

A twenty-eight year-old mother proudly holds her five-year-old daughter in their modest shelter in Erbil,Iraq. She is an Arab Shia who relocated from Baghdad to the Kurdish region with her Kurdish husbandin 2004. Her husband died last year in a car accident while she was pregnant with her second child.She survives thanks to charity and her salary as a cleaner in a sewing centre. UNHCR/H. Caux/2010


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Applicants who do not meet the family reunion criteria are also assessed against

the SHP and Refugee categories to determine whether they meet the persecution

and substantial discrimination criteria in their own right. SHP applicants do not

need to prove an immediate family relationship to the proposer, but the proposer

must undertake to help the applicant meet the cost of travel to Australia and

provide initial settlement assistance after they arrive.

Humanitarian entrants may also apply to sponsor family members under other

family migration categories in Australias Migration Program. Further information on

these categories can be found at www.immi.gov.au/migrants/family.

Every day, we eat dry bread with tea. Occasionally, some families can buy vegetables. Meat is tooexpensive US$3 a kg we cant afford to eat it even once a month.A Pashtun returnee woman during a meeting with UNHCR staff. UNHCR/R. Arnold/March 2009
http://www.immi.gov.au/migrants/familyhttp://www.immi.gov.au/migrants/family


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Current regional focus of the program

Africa

Africa remains a priority region for resettlement internationally and in Australia.

Many people throughout the Africa region have been affected by armed conflict

and civil disorder. Political instability and the management of population flows

present significant challenges.

In 200910, around 29 per cent of all people granted visas under the offshore

Humanitarian Program were from the Africa region, particularly the Democratic

Republic of Congo, Ethiopia, Somalia, Sudan, Liberia and Sierra Leone, but also

Eritrea, Rwanda, Burundi, Republic of Congo and Togo.

The Middle East (including South West Asia)

Over the last decade Australia has taken significant numbers of refugees from the

Middle East region (including South West Asia) as a result of the Gulf War, conflicts

in Afghanistan and Iraq, and the targeting of minority ethnic groups for human

rights abuses.

In 200910, around 32 per cent of people granted visas under the offshore

Humanitarian Program were from the Middle East (including South West Asia),

particularly Iraq and Afghanistan.

AsiaOver the last five years, an increasing percentage of offshore humanitarian visa

grants have been made to persons from Asia. This is a result of consideration of

UNHCRs regional priorities and reflects greater access to resettlement for refugee

groups in our region. These have included Burmese refugees who h

refugee humanitarian issues june11

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