Australia's New Refugee Policies: A Practitioner's Point of View

Abstract

Australia, one of the major resettlement countries for the world's refugees, is to become a country of first asylum. As a result of recent amendments, Australia will recognize two classes of refugees; those granted refugee status overseas and accepted for resettlement, and those granted refugee status within Australia. Proposed changes to the refugee status determination procedures will include, defining ‘refugee’ in the Migration Act in terms of the definition in the 1951 UN Convention and 1967 Protocol; procedural and evidential provisions; and the incorporation of ‘natural justice’ safeguards. The author queries whether the UNHCR Handbook requirement, providing for formal reconsideration of negative decisions, will be adequately addressed, for a decision by the Minister to refuse refugee status will not be reviewable under Australia's improved immigration review system. Furthermore, the natural justice’ safeguards do not empower the court to consider a case ‘on the merits', an option of vital importance to unsuccessful applicants. In contrast with refugees admitted to Australia under the resettlement programme, those recognized in theinland procedure will be issued temporary entry permits valid for not more than four years, at which time they may apply for permanent residence, subject to the availability of places. If permanent residence is refused, but a continuing need for protection remains, a further temporary entry permit may be granted. In the past, such ‘onshore' refugees were promptly processed for residence; by stepping back from this practice, Australia joins the ranks of countries willing to provide only temporary solutions, effectively becoming not only a ‘country of first asylum', but also a country of uncertain sanctuary.