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Human Rights Defender |
Jennifer Grover
Jennifer Grover is the Coordinator for the Asylum Seekers Assistance Scheme with the Australian Red Cross and is currently completing a Masters of International Law at Sydney University including a thesis on current refugee law in Australia.
It may come as a surprise for many Australian to learn that most asylum seekers in Australia do not in fact live in detention centres, but reside in the community. According to the Department of Immigration, Multicultural and Indigenous Affairs (DIMIA), approximately 7,000 asylum seekers reside in NSW alone. This figure, however, excludes those who are taking their refugee claims through judicial review. The majority of asylum seekers do not end up in an Immigration Detention Centre because they arrive in Australia by air with the necessary documents, such as a valid passport or a valid visa. These asylum seekers should apply for a Protection Visa (PV) with DIMIA soon after they arrive in Australia. If they do not apply for a PV within 45 days after arriving in the country, they will not be permitted to work and will not be eligible for Medicare.
Some of the difficulties that arise from the failure to gain the right to work are alleviated by a program called the Asylum Seekers Assistance Scheme (ASAS) administered by the Australian Red Cross (ARC). ASAS is a program funded by the Commonwealth Government for asylum seekers who are eligible for the scheme. ASAS provides assistance to those asylum seekers who are in financial hardship and have had their PV application with DIMIA for six months or more. This is commonly known as the ‘Primary Stage’ of an application. Asylum seekers may also be eligible for ASAS if they fit into one of the exemption criteria. For example, exemptions include being a parent, or parents, of children under the age of 18 or being unfit to work due to the effects of torture or trauma. On refusal of application, asylum seekers can take their application to the Refugee Review Tribunal (RRT). This is the ‘Review Stage’ of a PV application. At this stage, they are taken off the assistance scheme and will only be eligible if they fit one of the exemption criteria.
If their application is refused by the RRT, they are no longer eligible for ASAS; their work rights and Medicare are revoked. In this situation, many asylum seekers depend on the goodwill of friends and family if they are fortunate enough to have people here in Australia. As a last resort, many turn to charities such as St Vincent de Paul for assistance. Further difficulties arise if an asylum seeker is ineligible for Medicare and needs to access health services. For example, if an asylum seeker is post-RRT and is pregnant she will end up leaving hospital with a bill totalling around $3,000 for the delivery of the child. If an asylum seeker is sick and needs prescription medication, he or she may not be able to afford the medication as it will be charged at the full rate.
A number of asylum seekers arrive in Australia with health problems, sometimes related to the trauma or torture experienced in the country of origin. The physical and psychological scars are not always immediately recognisable. Once assessed by a health worker, attempts are made to refer the person to a specialist. This is the difficult part. If an asylum seeker is not eligible for ASAS and Medicare, it is not always easy to find an organization that is able to provide the necessary assistance. Specialist treatment is expensive and if the client cannot afford to pay for the treatment, then a charity will try to cover the cost as best as possible. Occasionally, a client may be lucky enough to find a doctor who will overlook the fee. Frequently, the client simply goes without the necessary medical treatment or has to make do with whatever is available through the assistance of a charity.
Although health issues are a major concern for an asylum seeker, lack of income is of equal concern. Many asylum seekers are keen to work and contribute to the Australian community rather than take handouts from charities. Once asylum seekers are granted the right to work, their level of self-esteem and their general approach to life significantly improves. Working also provides an opportunity to make meaningful use of their time while waiting for a response from DIMIA, which can sometimes take several years.
Between 1992 and 1994, approximately 1,800 East Timorese asylum seekers arrived in Australia and applied for refugee status. Around 300 are now residing in NSW. Although initial processing of the refugee applications began in the early 90s, the processing was put on hold by mid-1995. In mid-2002 however, the Australian Government decided to start processing their refugee applications once again.
If the applications are refused by the RRT, work rights and Medicare will be revoked. If the asylum seekers are currently receiving financial assistance and healthcare cover through ASAS, this assistance will also cease. How this will impact on the community is unknown. It is believed, however, that many will become dependent on the goodwill of charities. Some have considered selling their possessions in order to cover food and living expenses. Many have expressed feelings of anxiety about the possibility of having to return to East Timor, where there is little infrastructure for health and education.
East Timorese who have applied for refugee status in Australia have established themselves here by studying or working fulltime. Of those studying, many would like to complete their course to increase future opportunities to find work either in Australia or East Timor. They believe the experience gained by studying and working in Australia will one day benefit the development of East Timor as a new nation.
Many East Timorese have had children here and formed close ties with Australians and with the society in general. A number of people within this community, particularly the elderly, have concerns about being able to receive the necessary medical treatment or medication back in East Timor. Most are simply confused about the whole PV process that they currently face.
It has been forecast that by mid-2003, the last of the decisions by RRT will be completed and the East Timorese who fail to gain refugee status will be asked to return to East Timor. Many are pinning their hopes on a humanitarian application that is granted at the Minister’s discretion under section 417 of the Migration Act. It is currently unknown whether the Minister will decide in favour of those East Timorese who decide to apply on humanitarian grounds.