Book contents
- Frontmatter
- Contents
- Table of cases
- Table of statutes
- Preface
- Acknowledgments
- 1 Historical context to migration
- 2 Immigration control: an overview
- 3 Basic migration legislation and policy
- 4 The visa system and application procedures
- 5 Family and interdependency migration and other Australia-based visas
- 6 Business and investment visas
- 7 Skill-based visas
- 8 Temporary visas
- 9 Miscellaneous visas
- 10 Common visa requirements
- 11 Compliance: unlawful non-citizens, removal and deportation
- 12 History of the Refugees Convention and definitional framework
- 13 Refugee and humanitarian visas: the statutory structure
- 14 Convention grounds
- 15 Persecution
- 16 Well-founded fear of persecution
- 17 Limits on protection of refugees — cessation, exclusion exceptions and protection by another country
- 18 Time for a fundamental re-think: need as the criterion for assistance
- 19 The determination and review process for migration and refugee decisions
- Index
13 - Refugee and humanitarian visas: the statutory structure
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Table of cases
- Table of statutes
- Preface
- Acknowledgments
- 1 Historical context to migration
- 2 Immigration control: an overview
- 3 Basic migration legislation and policy
- 4 The visa system and application procedures
- 5 Family and interdependency migration and other Australia-based visas
- 6 Business and investment visas
- 7 Skill-based visas
- 8 Temporary visas
- 9 Miscellaneous visas
- 10 Common visa requirements
- 11 Compliance: unlawful non-citizens, removal and deportation
- 12 History of the Refugees Convention and definitional framework
- 13 Refugee and humanitarian visas: the statutory structure
- 14 Convention grounds
- 15 Persecution
- 16 Well-founded fear of persecution
- 17 Limits on protection of refugees — cessation, exclusion exceptions and protection by another country
- 18 Time for a fundamental re-think: need as the criterion for assistance
- 19 The determination and review process for migration and refugee decisions
- Index
Summary
Overview
Australia became a signatory to the 1951 Convention in 1954 and to the 1967 Protocol in 1973. It thereby assumed certain obligations under the Convention, the principal obligation being to grant asylum to people who fall within the definition of a refugee as set out in Article 1A(2). The process or manner in which asylum is granted is not expressly stipulated in the Convention. It is governed by the Migration Act.
The Migration Act provides for visas to be issued on refugee and humanitarian grounds to applicants under the government's Humanitarian Program. That program comprises onshore protection for those people already in Australia, whether or not they arrived with temporary visas or without a visa at all, and offshore resettlement for people in humanitarian need overseas (including those who are classified as refugees by the United Nations High Commissioner for Refugees (UNHCR)). The onshore and offshore visa categories are comprised of both permanent and temporary residence visas. The principal visa classes and their corresponding subclasses areas follows.
Onshore visas:
Protection (Class XA):
Subclass 785 (Temporary Protection)
Subclass 866 (Protection)
Protection (Class XC):
Subclass 785 (Temporary Protection)
Territorial Asylum (Residence) (Class BE):
Subclass 800 (Territorial Asylum)
Offshore visas:
Refugee and Humanitarian (Class XB):
Subclass 200 (Refugee)
Subclass 201 (In-country Special Humanitarian)
Subclass 202 (Global Special Humanitarian)
Subclass 203 (Emergency Rescue)
Subclass 204 (Woman at Risk)
Subclass 447 (Secondary Movement Offshore Entry (Temporary))
Subclass 451 (Secondary Movement Relocation (Temporary))
Regulation 2.08F of the Migration Regulations sets out the circumstances in which certain subclass 785 visa holders whose visas would otherwise cease are deemed to have applied for a Class XC subclass 785 visa, enabling them to be granted an interim subclass 785 visa valid until their further protection visa application is finally determined.
- Type
- Chapter
- Information
- Migration and Refugee LawPrinciples and Practice in Australia, pp. 178 - 189Publisher: Cambridge University PressPrint publication year: 2005