christmas island (may 2010) migration act & regulations christmas island part of ‘excised ’...
TRANSCRIPT
Migration Act & Regulations Christmas Island part of ‘excised ’ migration zone Arrivals to Christmas Island – ‘offshore entry persons’ Offshore entry person (OEP) – cannot apply for any visa Minister Immigration may permit OEP to apply for Visa Asylum-seeker requests to be permitted to apply for a
Protection Visa DIAC assessment & recommendation to the Minister Non-Statutory process If DIAC find person to be a refugee:
◦ Recommends to Minister to allow person to apply for Protection Visa (which is usually granted)
◦ Resettled to Mainland
DIAC assesses if asylum-seeker is a refugee; If DIAC decides not a refugee:
◦ ‘Right’ of review – Independent Merits Review (IMR) to Independent Review Panel (IMP)
IMR also non-statutory regime IMP – makes recommendations only (non-binding) Negative IMR decision => DIAC looks at any further
information to prevent removal eg under CAT, ICCPR If DIAC decides can be removed =>removal
Asylum Seekers in Detention Centre Allocated Migration Agent (IAAAS provider) Task Force:
◦ Between 5 – 10 Lawyer/Migration Agents◦ Over 2 weeks:
Interview and prepare refugee applications for 2-3 clients per day for several days in the Detention Centre
Attend DIAC Interviews with clients for several days