Processing asylum seekers: how it works

What happens now if more people smugglers’ boats are intercepted by the navy?

New asylum seekers arriving by boat following yesterday High Court’s ruling will have to be processed normally within Australia, says human rights advocate Julian Burnside QC.

He said the government had “no option but to process their claims for asylum in the ordinary way”, as they could not be transferred to another country at this time.

Before the High Court ruling yesterday, about 330 asylum seekers were to be transferred from Christmas Island to Malaysia in exchange for 4000 refugees resettled in Australia – but with the plan in tatters, it was not clear whether the government would continue to hold them at the detention centre or process them.

There were 5238 asylum seekers in detention in Australia, with 811 on Christmas Island, as of August 25, an immigration spokesman said.

The island detention centre – which has a capacity of 400 adults – was expanded to accommodate 1116 people.

How the process works

By boat

Mr Burnside said those detained on Christmas Island and any new arrivals were not allowed to apply for asylum until they were assessed as being likely refugees.

A recommendation would then be made to the Immigration Minister to allow them to apply for a protection visa.

“That whole process can take up to two or three years. There are people in Christmas Island now who have been there for more than two years,” he said.

The accepted refugees then wait, sometimes for one year or more, for a security clearance from ASIO.

At the end of the process, they are released into the community with a permanent protection visa. About 90 per cent of asylum seekers who arrive by boat are deemed genuine refugees, Mr Burnside said.

The asylum seekers who arrive by boat often pay up to $US15,000 ($14,020) to travel from their country of origin to Australia, Kon Karapanagiotidis of the Asylum Seeker Resource Centre said.

By plane

For asylum seekers who arrive by plane, the process is markedly different.

They have passports and a visa, usually a tourist, business or student visa, although some of the documentation would be fake.

The fake documents often cost up to $US2000, and occasionally more, Mr Karapanagiotidis said. These asylum seekers frequently came from Iran, Zimbabwe and Burma.

When they enter Australia, they apply for a protection visa, Mr Burnside said.

When their initial visa (the tourist, business or student visa) runs out in three to six months, they are given a bridging visa until their protection visa is either granted or not.

This process also takes a few years, but the asylum seekers are allowed to stay in the community, although they are barred from working.

About 20 per cent of these applicants are deemed genuine refugees and their numbers are about two to three times those who arrive by boat, Mr Burnside said.

He added that processing asylum seekers within Australia, rather than via mandatory detention, would help the federal government “save at least half a billion dollars” and was more humane.

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