As at 24 March 2012, there are two different systems in Australia for people who arrived by boat and are seeking protection. If you arrived by boat you might hear yourself referred to as an “irregular maritime arrival” (IMA) – this is what people who arrive by boat and without a valid visa to come to Australia are called by the government. Until 24 March 2012, all people who arrived by boat in Australia were processed under a different system to people who arrived by plane. On 24 March 2012 this changed. Therefore, the system which applies to you and your case will depend on:
- When you arrived in Australia; and
- Whether you have already had an interview about your protection claim
I arrived by boat BEFORE 24 March 2012. How do I get protection?
If you arrived by boat before 24 March 2012 and:
- you have already had an interview as part of the Protection Obligations Evaluation (POE) or
- you have had an interview and have been found not to be owed protection in Australia
Then the old system for processing people who arrived by boat still applies to your case. This means that if you receive a negative decision, your case will automatically be referred to the IPAO or the Independent Protection Assessment Office who will review your case.
If you arrived by boat before 24 March 2012 and:
- You have not yet had an interview about your protection claims
- You have an interview whch has been scheduled after 24 March 2012-04-11
Then your case will be processed under the current system for people who arrive “onshore” in Australia. This means that the different system for people who arrive by boat no longer applies to you. The regular system for processing your case under Australian law applies. You will be able to apply for a protection visa to the Department of Immigration and Citizenship (DIAC).
I arrived by boat AFTER 24 March 2012. How do I get protection?
If you arrived by boat after 24 March 2012, your case will be processed under the current system for people who arrive “onshore” in Australia. This means that the different system for people who arrive by boat no longer applies to you. The regular system for processing your case under Australian law applies. You will be able to apply for a protection visa to the Department of Immigration and Citizenship (DIAC). If you arrived by boat after 24 March 2012, you can find out more information about the process of seeking protection in Australia in this Information from the DIAC:
- DIAC Implementation of a single process for Irregular Maritime Arrivals – Questions and Answers.
- DIAC Fact Sheet 81 about how your case is dealt with if you don’t actually make it to Australia, but get to a place outside of Australia, like Christmas Island.
- DIAC Fact Sheet 63 which contains information about getting help with your application from a migration agent under the IAAAS scheme.
If you believe you are a refugee you need to tell the DIAC this when you are first interviewed.
Important Things to Remember if you Arrived by Boat
- If you believe you are a refugee you need to tell the DIAC this when you are first interviewed. At your first interview the DIAC will be deciding whether or not you are an asylum seeker seeking protection in Australia. If you are you need to say something like ‘I am a refugee and want to apply for asylum’ to make sure you are given the right to do this.
- Always tell your entire refugee claims from the first time that you are interviewed. If you arrive by boat you are likely to be interviewed soon after being placed in detention. This may be the first of a number of interviews. It’s important that at every interview you tell what all your refugee claims are.
- Always demand an interpreter everytime you are interviewed unless you are fluent in English. You have a right to an interpreter.
- Always make sure to follow deadlines. If your application is unsuccessful at the DIAC stage, you have only 7 days from the day you receive the decision to request an Independent Protection Assessment (IPA)
- Always ask to be provided with a migration agent to legally represent you when you arrive in a detention centre. You have the right to free legal assistance as part of the IAAAS scheme. The DIAC should arrange this for you. If it does not you need to ask that they do so.
- You have the right to call and see your migration agent. You have the legal right to call your migration agent and for your legal representative to visit you in detention. The DIAC cannot refuse you this right.
- You have the right to send faxes and receive faxes from your migration agent while you are in detention
