AUSTRALIA'S REFUGEE PROGRAM

Frequently Asked Questions

WHO ARE REFUGEES?

The 1951 Convention relating to the Status of Refugees (and its 1967 Protocol), to which Australia is a signatory, 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 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 important parts of this definition are:

The United Nations body responsible for protecting refugees and overseeing adherence to the Convention is the United Nations High Commissioner for Refugees (UNHCR).

The Convention Definition is used by the Australian Government to determine whether our country has protection obligations towards an individual. If a person is found to be a refugee, Australia is obliged under international law to offer support and to ensure that the person is not sent back unwillingly to the country of origin.

The term "refugee" is often used colloquially to refer to people who have been displaced due to a natural disaster (eg an earthquake or volcanic eruption) or environmental change. Such usage is not strictly correct.

Another term that one sometimes hears is "economic refugee". Again, this term is not correct. The accurate description of people who leave their country or place of residence because they want to seek a better life is "economic migrant".
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WHAT IS THE DIFFERENCE BETWEEN A REFUGEE AND A MIGRANT?

The terms "refugees" and "migrants" are frequently used either interchangeably or in close association. It is common to see, for example, reference to "migrants and refugees" in a policy statement. Rarely, however, is there any indication that there is recognition that the two words refer to very different groups of people.

Refugees
As outlined above, refugees are people who have been forced to leave their countries because they have been persecuted.

Rarely do refugees have the chance to make plans for their departure: to pack their belongings, to say farewell to their friends and families... Some refugees have to flee with no notice, taking with them only the clothes on their backs. Others, like the family that pretends to be going on a weekend break, have to keep their plans a secret from all around them in case they are discovered.
Refugees often have little idea about where they are going. They are running away, not running to. Those who come to Australia often have scant understanding about our country and the nature of society here. They have had no opportunity to prepare themselves physically or psychologically for their new life in Australia.

A significant proportion of refugees have experienced severe trauma. Many have been tortured. Arrivals to Australia have included survivors of the Balkan internment centres and "rape camps" and prisoners of war from the Gulf War.

Many refugees have also spent years (for some up to 15 yeras) in refugee camps that provide limited protection. For some refugees, particularly children, the refugee camp environment is the only one they have ever known. Refugee who do not live in camps are often in urban areas where they face serious threats such as arbitrary arrest and detention and severe discrimination. Educational opportunites for refugees are often very limited and schooling is frequently interrupted.

Migrants
Migrants make a conscious choice to come to Australia. They are able to read about the country and learn about it from friends and families. They have time to study the language and explore employment opportunities before they make a final decision about whether to come.

One of the most significant differences is that migrants are able to pack their precious belongings and say good-bye to the important people in their lives.
Another very important distinction is that migrants can go home at any time if things do not work out as they had hoped or if they get homesick. They can also pick up a phone and talk to friends and relatives. Most refugees cannot.

Because refugees and migrants are different groups of people, with different prearrival experiences, it is important that the distinction be made in the services provided. Refugees have needs distinct from and additional to migrants, in particular in relation to torture and trauma counselling, secure housing and medical care.

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WHAT IS THE DIFFERENCE BETWEEN A REFUGEE AND AN ASYLUM SEEKER?

The terms "refugees" and "asylum seekers" are often used interchangeably but they have quite distinct meanings.

Refugees
As outlined above, refugees are victims of persecution who have been recognised as fitting the definition of a refugee contained in the 1951 Convention relating to the Status of Refugees, to which Australia is a signatory. Click here for more details.

Asylum Seekers
For some of the world's refugee population it is either impractical or impossible to go first to a neighbouring country and then to seek resettlement from there. This could be because the neighbouring countries are not signatories to the international laws that would ensure their protection in these countries (few countries in this region, for instance, are signatories to the Refugee Convention). It could also be because they would not be safe in a neighbouring country, in particular if that country was sympathetic to the persecutory regime. In these cases, individuals may choose to try to go directly to a country, such as Australia, where they can seek protection.

Such people are called asylum seekers. Those who come to Australia have usually entered with a visitors', student or other temporary visa. Some arrive with no documents or with false documents.

Arriving without appropriate papers should not be interpreted as an attempt to defraud the system. By definition, refugees are people who are at risk of persecution. In most cases, the agent of persecution is their government. Applying for a passport and/or an exit visa can be far too dangerous for some refugees; so too can be an approach to an Australian Embassy for a visa. These actions can put their lives, and those of their families, at risk. In such cases refugees may have to travel on forged documents or bypass regular migration channels and arrive without papers.

Persons with documents
If a person enters Australia with documents (usually by air) and applies for aslyum, they are given a Bridging Visa that allows them to remain legally in the community while their application for refugee status is being considered. If their application was not made within 45 days of arrival, they are neither eligible for a work permit nor Medicare. Welfare Support for asylum seekers is limited and is provided through a small number of community agencies who receive little or no funding from the Government. Once an asylum seeker has been determined to meet the definition of a refugee (and meet health and character requirements), they are granted permanent residence and, as explained above, have the same entitlements as refugees who have entered Australia under the Refugee Program.

Persons without documents
If a person enters without a valid visa or passport, he/she is initially detained while health, security and character checks are conducted. Asylum seekers in detention receive assistance to lodge their claims for refugee status. If a person is assessed as having fulfilled refugee asylum criteria they are given a permanent protection visa.

In late 2001, the Australian Government introduced significant changes to the Migration Act which prevents unauthorised asylum seekers arriving by boat from applying for protection in Australia. The legislation has removed large areas from Australia's migration zone and makes provision for asylum seekers to be detained on Christmas Island.

All refugees have at one time been asylum seekers but once their status is recognised, it is no longer appropriate to use this term.

Some asylum seekers are refugees. The act of recognition of refugee status does not make someone a refugee. He/she has been a refugee all along; the granting of status merely makes it official. This is why it is important to presume that asylum seekers are refugees until proven otherwise. Failure to do this can mean that a country does not meet its legal obligations to genuine refugees.

For further information about the rights and entitlements linked with different visas click here.

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WHAT IS THE COMPOSITION OF THE HUMANITARIAN PROGRAM?

Since 1991 the Refugee and Special Humanitarian Program has been divided into three components, each of which performs a particular function. The three components are:

i. the Refugee Program: this component covers people classified as refugees under the terms of the 1951 Convention relating to the Status of Refugees and its 1967 Protocol (and in many cases identified by UNHCR as requiring resettlement) who are granted Class 200 Visas, as well as In-country Rescue Cases (Class 201 Visas) and Women at Risk (Class 204 Visas). These people are arguably the most vulnerable amongst the caseload because they have been identified as having serious, and in some cases immediate protection needs

ii. the Special Humanitarian Program (SHP): people who are outside their country of origin and have been identified as having experienced, or fear, gross discrimination amounting to a substantial violation of their human rights may be granted a Class 202 Visa. People entering under this program have to have demonstrated a connection to Australia. In most cases this is through a family connection or through having previously lived or studied here

iii. the Special Assistance Category: this was introduced in 1991 for groups with close family or community links to Australia who are in particularly vulnerable situations overseas and who do not meet the criteria for the other categories. Entrants come under Visa Classes 208 to 217. This category has been used to allocate places to particular groups who are considered to be in danger because of unrest or civil conflict, because of severe discrimination or who have been displaced. As each SAC is allocated, specific criteria are drawn up and these always include prior links to Australia.

The Refugee component of the program is motivated by the recognition that a balanced response to the world's refugee problems requires that provision of resettlement places for Convention refugees be part of that response.

Furthermore, as one of the few countries of the world with an active immigration program, there is an expectation that Australia allocate places for refugees as well as migrants. In other words, the refugee program enables Australia to play its part as a responsible member of the international community and to derive recognition for this contribution from other states.

Both the Special Humanitarian Program and the Special Assistance Categories are driven not so much by an international imperative but by the desire of community groups and individuals in Australia to make a tangible contribution towards assisting members of their communities in difficult circumstances overseas. This high level of community support enables Australia to admit many more humanitarian entrants than it otherwise would be able to.

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WHAT IS THE SIZE AND COMPOSITION OF THE 2008 - 2009 PROGRAM?

Australia will increase its total number for the refugee and humanitarian program to 13,500 for 2008 - 2009. The additional 500 places will be allocated to refugees and humanitarian entrants from Iraq. In addition, up to 600 places (separate from the 13,500) will be available for resettlement of Iraqis who assisted the Australian military. Like 2007 - 2008, the focus for 2008 - 2009 will continue to be on accepting a majority of entrants from Burma. See the Department of Immigration's media release of August 15, 2008 for more information. The Refugee Council's analysis of the 2008 Federal Budget also provides an overview of the 2008 - 2009 program.

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WHAT DOES REFUGEE SETTLEMENT MEAN?

As outlined above, refugees and migrants have had very different pre-arrival experiences. As a result, refugees have settlement needs additional to and distinct from those of migrants.

There is a perception in certain parts of the community that refugees have everything handed to them on a platter after arrival ... that they are given free housing, extra benefits etc. Most of the stories that are circulating have little basis in truth, and where special concessions are made, it is in recognition of the particular needs of refugees and others who come under the humanitarian program (hereafter humanitarian entrants).

Access to dental health care is a major problem for newly arrived humanitarian entrants. Many of recognise humanitarian entrants as a separate client group and to ensure that their services meet the entrants' needs and are consistent with the services provided by other departments.

For an overview of settlement services to refugees and humanitarian entrants please click here and for a comparison of the different entitlements associated with different visas click here.

In recent years there has been much discussion about what constitutes 'settlement' and the length of time needed for refugees to feel 'settled' in their community. While it is agreed that tangible factors such as income support, housing, employment, education, health care and family reunion are essential, it is the less tangible factors which play a vital role in the settlement process, including:

Discussions at the 2001 International Conference on the Reception and Integration of Resettled Refugees in Stockholm, Sweden reached a number of conclusions about what constitutes 'settlement'.

• Settlement is a two-way process: it is not just something that refugees must do, but there is also a need for the wider community to make adaptations to accommodate the refugees. A 'spirit of hospitality', where refugees are made to feel welcomed into a community, underpins successful refugee settlement programs;

• 'Successful' settlement is backed up by Government policies and institutional philosophies that see the incorporation of refugee-sensitive programs into all mainstream service institutions, as, after all, refugees are residents and taxpayers - and as such - legitimate clients of mainstream service providers;

• Government funding of community sector projects is essential for the 'successful' settlement of resettled refugees;

• Developping links between newly arrived refugees and the host community is one of the keys to 'successful' settlement. Volunteers play an essential role in this, providing a very special connection with refugees that goes beyond the kind of support that can be provided by paid employees. Where volunteers are used, however, it is essential that they be selected, trained, monitroed and supported throughout their period of involvement with the refugees;

• Those employed to work with refugees - in whatever sector - also need specialist training and ongoing support. It must be acknowledged that this is a specialised field and it can be very stressful for workers;

• Refugee reception and settlement is also a profession that is emerging and evolving - new groups are coming, new lessons are being learned with each new population received. Research and information sharing among workers in both Government and NGO sectors, academics, and refugees is important, as is the development of benchmarks, standards and monitoring processes.

Report of the International Conference on the Reception and Integration of Resettled Refugees

HOW CAN I ASSIST REFUGEES AND ASYLUM SEEKERS?

Refer to the list of organisations on our Get Involved pages. These organisations work directly with refugee families.

HOW CAN I DONATE TO THE REFUGEE COUNCIL OF AUSTRALIA?

Please refer to the Donations page of the website where you will find a link to an application form.

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