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AUSTRALIAN
LAWYERS FOR HUMAN RIGHTS
:: ASYLUM SEEKERS LEGAL ASSISTANCE
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.
OVERVIEW
Legal Options After Being Rejected
by the Refugee Review Tribunal
TOPICS
JUDICIAL REVIEW BY FEDERAL COURT OF A
DECISION OF THE REFUGEE REVIEW TRIBUNAL
SECTION 417 (HUMANITARIAN) APPLICATION
TO THE MINISTER
COMPLAINTS TO THE UNITED NATIONS
Complaints
(communications) to the United Nations Human Rights Committee
Complaints (communications) to the United Nations Committee against Torture
Complaints (Communications) to the United Nations
ASSISTANCE WITH TEMPORARY PROTECTION
VISAS (TPVs)
E-mail to request advice and assistance ([email protected])
PRO BONO (FREE) LEGAL ASSISTANCE
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:
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 COMMITTEE DECISIONS
Torture Convention:
Sadiq Shek Elmi against Australia
International Covenent on Civil and Political Rights
A against Australia
Winata and Li against Australia
C against Australia
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