Australian Lawyers for Human Rights
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Asylum Seeker Legal Resources Refugee kit

ASYLUM SEEKER 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

See separate page on ALHR website.

APPLYING FOR AN RRT REHEARING BASED ON MUIN DECISION

JUDICIAL REVIEW BY FEDERAL COURT OF A DECISION OF THE REFUGEE REVIEW TRIBUNAL

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SECTION 417 (HUMANITARIAN) APPLICATION TO THE MINISTER

COMPLAINTS TO THE UNITED NATIONS

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TEMPORARY PROTECTION VISAS (TPVs)

PRO BONO (FREE) LEGAL ASSISTANCE

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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:

Refugee Council:

Edmund Rice Centre:

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MAJOR LEGAL DECISIONS

The Tampa decision 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. The High Court 'privative clause' decisions

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.

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.

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.

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UN HUMAN RIGHTS DECISIONS

Torture Convention:
Sadiq Shek Elmi against Australia
International Covenant on Civil and Political Rights:

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This page last updated 30th August 2004