resources for refugee lawyers

If the Asylum Seeker is rejected by DIMIA they have the option of applying to the Refugee Review Tribunal to have their decision reviewed. Most Asylum Seekers will take this option. The RRT is an administrative tribunal set up under the Migration Act (Cth) 1958.

The hearing is usually a 1-3 hour interview. The interview is done over telephone link up. It will involve the Asylum Seeker, the tribunal chair, an interpreter and a migration agent. The migration agent is not obliged to attend and the often don’t. Accordingly the Asylum Seeker is often unrepresented at this stage. The tribunal will make a fresh decision on whether the Asylum Seeker is a Refugee.

DECISION

This document outlines what facts the RRT used to make its findings. It outlines what findings where made, and how the findings determine that the Asylum Seeker is not a Refugee.

GREEN BOOK

The Green Book is a compilation of documents used by both DIMIA and the RRT to make their decisions at the respective stages of the application. It includes the DIMIA interview notes and the RRT decision. The Green Book is only created after the Asylum Seeker has lodged an application in the Federal Court.

TAPES

The RRT interviews the Asylum Seeker during the hearing. The Tribunal bases a large amount of its decision on the oral testimony of the Asylum Seeker; this is especially true regarding credibility. The hearing is tape recorded. The RRT is obliged to keep a copy of these tapes. These tapes can provide insight in where the tribunal may have erred when making its decision

Contacting Lawyers 525-14

Spare Lawyers for Refugees: email return to top

Refugee Advocacy Service of S.A. (RASSA)

PO Box 6662, Halifax Street
Adelaide SA 5000
Phone: (08) 8211 9097 (Deslie Billich)
Fax: (08) 8211 6955
Email: info@rassa.org.au

New RASSA address :

Epworth Building , Level 2 , Rooms 223/224

Victoria

Public Interest Law Clearing House

pilch@vicbar.com.au

Jane Dimsey: 03 9225 6676

Queensland

Queensland Public Interest Law Clearing House Incorporated

GPO Box 1543

BRISBANE QLD 4001

Phone: 07 3211 4770

E-mail:contact@qpilch.org.au

Website:www.qpilch.org.au

NSW

Public Interest Advocacy Centre (PIAC)

Level 1, 46-48 York Street

SYDNEY NSW 2000

DX 643 SYDNEY

Ph: (02) 9299 7833

Fax: (02) 92997855

Email: agoodstone@piac.asn.au

CASE for Refugees

PO Box Z5189

St Georges Tce

PERTH WA 6831

Mary Anne Kenny 08 9362 5624 (h) 0412 415 077

Email: caseforrefugees@iinet.net.au

Legal options after rejection by RRT: return to top

Non-refoulement

Article 33 of the Refugees Convention prohibits “refoulement”: the return of a refugee to a place where their life or liberty is threatened. This offers scope for Iranians and others who are threatened with removal.

Will the removal of the Applicant amount to refoulement, despite the RRT finding that Australia’s Convention obligations are not engaged? There is a sound argument to restrain removal in those circumstances. See notes on non-refoulement.

See pro forma Application and Statement of Claim to restrain return to Iran.

Al Masry

Has the Applicant been left in detention for a long time after the end of all legal process? If there are substantial practical difficulties to returning the Applicant to their country, an Al Masry application may be appropriate.

Decision of Merkel J in Al Masry

The Al Masry decision was affirmed on appeal in Full Federal Court

See notes on Al Masry.

Pro forma Al Masry documents: Application, Motion, submissions for interlocutory release, orders for interlocutory release

Another Al Masry-type decision: WAIW Finkelstein J 23 December 02.

Client questionnaire - getting the basic information

Muin's case applications: pro forma Application and Affidavit

Communications with UN Committee for Human Rights:

Section 417 applications return to top

Pro forma materials for rule 86 requests and international resources
Refugee advocacy training notes

Useful legal resources return to top

Migration Act online