Asylum Seekers Legal Resources

IMPORTANT DISCLAIMER: Australian Lawyers for Human Rights Inc is not registered as a migration agent.  It is not a legal practice. The resources for asylum seekers are provided to help people who want to research, or take action in relation to, the legal situation of asylum seekers. Anyone using these resources should obtain advice from a registered migration agent or a practising lawyer.  Legal advice is available from these places . There may be errors or omissions in the resources. Australian Lawyers for Human Rights Inc has attempted to ensure that the resources are current and accurate, but it is not responsible for the consequences of any errors or omissions.

:: CONTENTS

• Legal options after rejection by Refugee Review Tribunal
• Applying for an RRT rehearing
• Judicial review by Federal Court
• Section 417 application to Minister
• Temporary protection visas assistance (TPVs)
• Free legal assistance
• Complaints to the UN Human Rights Committee
• Migration Law
• Major Legal Decisions
• UN Human Rights Decisions

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Legal options after rejection by Refugee Review Tribunal

See separate page on ALHR website.

Applying for an RRT rehearing based on Muin Decision

• Instructions
• Pro forma Application
• Pro forma Affidavit
• Decision in Muin document

Judicial Review By Federal Court Of A Decision Of The Refugee Review Tribunal

• Instructions
• Court forms - Download Microsoft Word document [57Kb]
• Court permission to fill in a form in another language, see:  Saak v Minister for Immigration & Multicultural Affairs [2002] FCAFC86
• Leave to appeal out of time for a person in detention, see: N1202/01A v Minister for Immigration & Multicultural Affairs [2002] FCAFC 94

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Section 417 (Humanitarian) Applicationto The Minister

• A guide for applicants to S417
• Ministerial Guidelines
• Example letter  

Complaints To The United Nations

• How to make complaints (communications) to the United Nations
• UN Human Rights decisions

Temporary Protection Visas (TPVs)

• Email for advice and assistance in NSW (admin@racs.org.au)
• Email for advice and assistance in WA (caseforrefugees@iinet.net.au )
• Human Rights Watch report : "Human Rights Watch Commentary On Australia's Temporary Protection Visas For Refugees".

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Pro Bono (Free) Legal Assistance

• SA: Refugee Advice Service of South Australia - RASSA
• NSW: Bar Association's Legal Assistance Referral Scheme
• NSW: Law Society Pro Bono Scheme  
• VIC: Public Interest Law Clearing House (PILCH)
• VIC: Victorian Bar Legal Assistance Scheme
• VIC: Asylum Seekers Resource Centre
• WA: Law Access
• QLD: Refugee and Immigration Legal Service
• Federal CourtPro Bono Scheme: Order 80 Rules 1-10

Migration Law

Migration Act

• s.91R(3) Migration Act :
• Human Rights and Equal Opportunity Commission submissions to the Refugee Review Tribunal

• Human Rights and Equal Opportunity Commission Asylum Seekers page
• Refugee and asylum law search

Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) Fact sheets:

• 'Border control'
• 'Compliance'
• 'Detention'

Refugee Council:

• Statistics  
• Fact sheets

Edmund Rice Centre:

• Asylum seeker fact sheet 1
• Asylum seeker fact sheet 2

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Major Legal Decisions

The Tampa decision

• Justice North's decision
• The Full Federal Court Appeal decision
• The High Court Special Leave decision
• The Full Federal Court Appeal Costs decision
• The submission of the Human Rights and Equal Opportunity Commission

The Al Masri decision

There is no power to continue to detain in circumstances where there is no real likelihood or prospect of removal from Australia in the reasonably foreseeable future.

• Justice Merkel's decision
• The Full Federal Court Appeal decision

The High Court 'privative clause' decisions

• S157 of 2002 v The Commonwealth of Australia
• S134 of 2002, Re MIMIA; Ex parte Applicants
  

High Court decision on the Refugee Review Tribunal's powers

Jurisdictional error; findings or inferences of fact supported by logical grounds; actual bias and reasonable apprehension of bias; decision not authorised by the Migration Act; unreasonable decision.

• Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002

The Muin decision

There is a denial of procedural fairness when the Refugee Review Tribunal fails to have regard to all of the documents that favour applicant's case, and fails to bring to the applicant's attention documents which are adverse.

• Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal [2002] HCA 30

The Family Court decision

The Court found that the Family Court's welfare jurisdiction extends to the protection of children in immigration detention.  The Court considered that if children are held in indefinite detention, this would be unlawful because the Migration Act is subject to Australia's obligations under the Convention on the Rights of the Child. 

• B and B v Minister for Immigration Multicultural and Indigenous Affairs
  
  

UN Human Rights Decisions

Torture Convention:

• Sadiq Shek Elmi against Australia

International Covenant on Civil and Political Rights:

• A against Australia
• Winata and Li against Australia
• C against Australia

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