Navigating the Asylum Process in Australia – What You Need to Know

Seeking asylum in Australia can feel challenging, but understanding the steps involved can help. This guide breaks down the process—covering how to check your eligibility, apply for protection, and make use of available resources. Whether you’re just beginning or want to understand your options better, this guide is here to provide clear and simple explanations, helping you feel confident as you move forward.

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What is Asylum?

Asylum in Australia offers a vital lifeline to people escaping serious threats to their safety, such as persecution or violence. According to the Migration Act 1958, a refugee is defined as someone unable to return to their home country due to a legitimate fear of harm based on factors like their ethnicity, faith, political stance, or belonging to a specific group. For those who don’t fully meet the definition of a refugee, there’s a system of complementary protection designed to shield individuals from risks such as torture or cruel treatment. These safeguards reflect Australia’s commitment to global agreements like the Refugee Convention and the Convention Against Torture (CAT).

Australia’s approach centers on the principle of non-refoulement, which prevents returning individuals to situations where they are likely to face harm. This rule is supported by international treaties such as the Refugee Convention and the International Covenant on Civil and Political Rights (ICCPR), highlighting Australia’s responsibility to uphold human rights. Through these measures, Australia provides not just safety, but also an opportunity for people to rebuild their lives with dignity, free from fear of harm.

Differences: Asylum Seekers, Refugees, and Immigrants

Refugee

Someone forced to leave their home country because of a likely threat of persecution. According to both Australian and international law, this includes people facing danger because of their race, religion, nationality, political beliefs, or belonging to a particular social group. The Australian Department of Home Affairs explains that refugee status will either be granted upon arrival or, if new risks emerge, later on. 

Asylum Seeker

A person who has escaped their country in search of safety. They will have requested protection but are not yet recognized legally as a refugee. Unfortunately, like most western destinations, Australia’s asylum procedures can take a long time. Processing often includes detailed checks on identity, health, and security. 

Immigrant

Someone who moves to another country in search of a better life, employment, or to be closer with their family. Unlike refugees or asylum seekers, immigrants move freely by choice and often return home regularly with no negative consequences. Because immigrants face no threats to their life, they are less likely to receive the same protection benefits. 

Asylum Types and Eligibility in Australia

In Australia, asylum is available to people facing serious dangers in their home countries. Different types of asylum are offered to meet specific needs, including political asylum and other humanitarian protections. Each type has its own rules to ensure those most in need get safety and support.

Political Asylum and Other Types of Asylum

Political asylum is for people at risk due to their political beliefs, like activists, journalists, or members of opposition groups who may be in danger because of their opinions. Australia also offers humanitarian visas for people facing other risks, such as violence or persecution. These include:

Refugee Visa (Subclass 200): For people referred by the United Nations High Commissioner for Refugees (UNHCR) who need to resettle as they can’t safely return home.

In-country Special Humanitarian Visa (Subclass 201): For those still in their home country but facing serious threats, like individuals working with the Australian government in conflict areas.

Emergency Rescue Visa (Subclass 203): For cases where someone’s life or freedom is in immediate danger, usually through a UNHCR referral.

Woman at Risk Visa (Subclass 204): Supports women at high risk of violence, especially those without male family protection. Referrals typically come from the UNHCR or family in Australia.

Eligibility – Who Can Apply?

To apply for asylum, applicants must show they face real risk of serious harm if they go back home. This risk includes threats based on race, religion, nationality, political views, or belonging to a specific social group. Australia also offers complementary protection for those who don’t fully meet refugee criteria but still face extreme risks, like torture or harsh treatment.

Family Considerations

Australia’s asylum program values family unity. Immediate family, like spouses and dependent children, can apply to join or accompany the main applicant if they share the same risks. Australia’s split family provisions also allow close family members separated by conflict or persecution to reunite, as long as they meet the visa requirements. However, individuals who arrived in Australia without permission may have fewer options for sponsoring family members.

Applying for Asylum in Australia: Step-by-Step Process

Applying for asylum in Australia involves several important steps to see if a person qualifies for protection due to dangers in their home country. Here’s a simple look at each stage:

1: Submit Your Application
Start by filling out the forms needed to apply for a Protection Visa, like the Subclass 866 visa, if you are already in Australia and can’t go home safely. It’s important to fill out the forms carefully: include any proof of risk you have, like reports from human rights groups or records of past harm.

2: Check Eligibility
After submitting your application, the Department of Home Affairs will review it. This includes an interview where you explain why you’re seeking asylum and the threats you face. Officials will decide if you’re likely to face “serious harm” or discrimination if you return home. They’ll also check your background to confirm your identity and situation.

3: Decision and Appeals
After the review, the Department will make a decision. If approved, you’ll get a protection visa. If denied, you can appeal the decision to the Refugee Review Tribunal or Administrative Appeals Tribunal. If your appeal is denied, you may be able to ask for a judicial review in a federal court if there’s a legal reason.

4: Complementary Protection
If you don’t fully qualify as a refugee but still face serious risks, you might be eligible for complementary protection. This protection covers people at risk of severe harm, like torture or harsh treatment. Australia provides this protection to meet its international commitments to keep people safe.

Processing Times for Asylum Applications in Australia

The time it takes to receive a decision on an asylum application in Australia varies. This is influenced by factors such as the applicant’s individual situation, the complexity of the case, and the current workload at the Department of Home Affairs.

Expected Timeframes

Initial Decision: Although not always, be prepared to wait, it can take over two years for the Department of Home Affairs to make an initial decision on a protection visa application, according to reports by the Australian Broadcasting Corporation (ABC).

Appeals: If an application is rejected and the applicant appeals, the overall processing time can extend significantly. Appeals to the Administrative Appeals Tribunal (AAT) or further judicial reviews can add even more time to the process.

Factors That Can Affect Processing Time

Application Volume: When there are a high number of applications, processing times tend to be longer as immigration officers handle larger workloads.

Case Complexity: Applications that involve complex details, personal history, or require detailed verification often take more time to process.

Security and Character Checks: Thorough security and character assessments are necessary to ensure applicants meet Australian standards. Again, this can add time to the review process.

Predicting exact processing times can be challenging. To help avoid delays, ensure all information is accurate and complete when submitting an application. 

Top Tip: Keep a Positive Mindset 

Waiting for your application decision can be challenging, but staying positive and taking care of your mental well-being can make the process smoother. For helpful tips on maintaining a positive outlook, check out our article on mental health support for refugees.

Support and Rights for Asylum Seekers in Australia

While waiting for a decision on their application, individuals seeking asylum in Australia are eligible for several services to help them during their wait for a decision on their application. These benefits may include healthcare, financial support, education, and work permits, depending on individual circumstances.

Healthcare Access

Basic healthcare services, such as medical care and sometimes mental health support, are available through Medicare, Australia’s public healthcare system. These services are available to those in community detention or holding certain visas.

Financial Support

The Status Resolution Support Services (SRSS) program provides income support to asylum seekers who cannot support themselves. The Department of Home Affairs in Australia states that this assistance covers basic expenses and typically offers up to 89% of the standard unemployment benefit.

Education and Essential Services

Children of those looking for asylum can attend Australian schools, and some adults may access vocational training programs, which help them gain job skills. Essential community services, such as translation and interpreting, are also available to help asylum seekers adapt to life in Australia.

Can Asylum Seekers Work in Australia?

Yes, asylum seekers in Australia may be authorized to work, depending on their visa type and individual circumstances. For more information, you may find our guide on finding employment as a refugee helpful.

Eligibility for Work Permits

Individuals on bridging visas are often allowed to work, but there may be specific conditions. According to the Department of Home Affairs, work rights may be provided if financial need is demonstrated or if self-support is not possible without employment.

How to Get a Work Permit

To apply for a work permit, eligible individuals must first obtain a bridging visa that allows work. This involves completing forms and providing documents that demonstrate their need to work. If work rights are not given with the first visa, it’s possible to request an updated visa that allows work rights.

Processing Time for Work Permits

The time needed to approve work permits varies. You’ll find that most requests are processed within a few weeks, but some cases may take longer.

Renewing Work Rights

Work permits are usually valid for the same period as the bridging visa. When renewing a visa, asylum seekers will also need to renew their work rights if they wish to keep working.

Pathway to Citizenship for Asylees in Australia

If you’ve been granted asylum in Australia, there may be a path to citizenship in the future. Here’s an overview of what you need to know about becoming a citizen and the steps involved.

1: Hold Permanent Residency
To apply for Australian citizenship, you first need to hold a permanent visa. If your application for asylum was successful, you may receive a permanent protection visa, which allows you to live in Australia permanently. After this, you’ll need to meet specific requirements for a certain amount of time.

2: Meet the Residency Requirements
Before you can apply for citizenship, you must live in Australia as a permanent resident for a specific period. Typically, this means living in Australia for four years, with at least one of those years as a permanent resident. During this time, you can’t be away from Australia for more than 12 months in total, and no more than three months in the 12 months immediately before applying.

3: Show Good Character
Australia requires applicants for citizenship to demonstrate good character. This means showing that you respect Australian laws and values. Any legal issues during your time in Australia could affect your ability to become a citizen.

4: Pass the Citizenship Test
Most people applying for citizenship need to pass a citizenship test, which checks your understanding of Australia’s values, history, and responsibilities as a citizen. The test is given in English, and it’s a way for you to show you understand what it means to be an Australian.

5: Attend the Citizenship Ceremony
After your application is approved, you’ll be invited to attend a citizenship ceremony. At this ceremony, you’ll make the Australian Citizenship Pledge, which is a commitment to be loyal to Australia and its people.

Comparing Australia’s Asylum Process with Other Countries

While Australia shares some common practices with other nations, its asylum process has distinct features in how it handles applications, legal requirements, and resettlement. Here’s an overview of how Australia’s approach compares to systems in the U.S., Canada, and the European Union.

Australia Recap

Individuals hoping for asylum in Australia can apply for a protection visa, which allows them to live, work, and study if granted. The application process includes interviews, background checks, and an assessment of whether they have a "well-founded fear of persecution." Applicants who don’t meet strict refugee criteria but face other serious threats if returned may qualify for “complementary protection.” Australia also has unique offshore processing policies for irregular arrivals by sea, often relocating these individuals to third countries while their applications are assessed.

United States

In the U.S., you must show you fear persecution based on race, religion, nationality, membership in a social group, or political opinion. Applications can be submitted either upon entry or within a year of arrival. The U.S. process includes multiple stages of review, with cases handled by immigration courts and appeal options available through the Board of Immigration Appeals. Additionally, the U.S. operates a resettlement program in partnership with the UNHCR to admit refugees based on global humanitarian needs, though the process can be lengthy due to high case volumes and backlogs.

Canada

Canada’s asylum system is often considered more accessible. People seeking protection can apply at the border or within Canada and attend a hearing with the Immigration and Refugee Board (IRB) to determine their eligibility. Work permits are usually granted while applications are pending, and access to health services are provided. Canada also has a unique private sponsorship program, allowing community groups to directly sponsor refugees, alongside its federal resettlement initiatives. This combination makes Canada’s system notably supportive and community-centered.

European Union

The EU follows the Common European Asylum System (CEAS), which establishes standard practices for asylum processing across member states. Each country has its own procedures, but the “Dublin Regulation” generally requires asylum seekers to apply in the first EU country they enter. The EU’s system includes temporary protections for those fleeing crises, with pathways to permanent protection for qualifying refugees. EU countries also engage in relocation efforts to share responsibility among member states.

Key Differences

Processing Times: Australia and the U.S. are noted for their longer processing times due to lengthy eligibility reviews and legal checks. Canada and certain EU countries often have faster timelines.

Offshore Processing: Australia is unique in its use of offshore processing for certain unauthorized arrivals, a practice not mirrored by the U.S., Canada, or the EU.

Resettlement Options: Canada’s private sponsorship program allows community groups to sponsor refugees directly, a model viewed well for its community involvement. The EU focuses on redistributing asylum seekers across member states, while the U.S. and Australia primarily use government-led resettlement programs.

10 Useful Resources for Asylum Seekers

1. Asylum Seeker Resource Centre (ASRC): Australia’s largest asylum support organization, offering food, healthcare, and advocacy.
2. Australian Department of Home Affairs: Information on visas and immigration.
3. Australian Human Rights Commission: Resources for asylum seekers facing discrimination.
4. Australian Red Cross: Emergency relief, healthcare, and housing support.
5. CARAD: Welfare and essential needs support in Western Australia.
6. Life Without Barriers: Offers SRSS income support and other practical asylum-related advice.
7. Migration Act 1958: Governs rights and protections for asylum seekers.
8. Refugee Convention: International protections for refugee rights.
9. Refugee Council of Australia: Advocacy and assistance programs.
10. Status Resolution Support Services (SRSS): Income support and housing assistance.

Move Ahead with Confidence

We hope this guide provides a clear understanding of the asylum process in Australia and helps you navigate each step confidently. Remember, support is available from organizations and resources designed to help you.

Staying connected with family and friends can also provide comfort and resilience. With Yolla, you can stay close to loved ones at affordable rates. It can be a lifeline during challenging times. Stay informed, reach out for help, and use every available resource to make your journey smoother.