RAILSRefugee and Immigration Legal Service Inc

REFUGEE FAMILY REUNIONGuide for applicants, migration agents and volunteersUpdated February 2015

2

Assistance with formatting kindly provided by Allens. Photograph courtesy of UNHCR/S. Phelps.

Version 4: This updates Version 3 (February 2014)

170 Boundary Street, West End, Queensland 4101

Phone: 07 3846 9300 Email: admin@rails.org.au Web: rails.org.au

This publication may be copied in full for educational purposes.1

Authors: Version 1 Robert Lachowicz.

Version 2 updated by Taya Hunt.

Version 3 updated by Kylie McGrath

Version 4 updated by Robert Lachowicz

1 Thanks to RAILS staff for their assistance with this update: Angus Francis, Grace Gatbonton-Prince, Taya Hunt and Noel Reeves. This guide was originally published as an initiative of the Office of the Migration Agents Registration Authority with funding from the Department of Immigration and Border Protection. Input into the original guide was kindly provided by the Department of Immigration and Citizenship, Immigration Advice and Rights Centre, Migrant Resource Centre of South Australia, Office of the Migration Agents Registration Authority Advisory Board, Refugee Advice & Casework Service and Salvos Legal.

THE GUIDE REFLECTS THE LAW AS ATFEBRUARY 2015

ALWAYS CHECK FOR LEGISLATIVE CHANGES

RAILSRefugee and Immigration Legal Service Inc

3

CONTENTSUsing this Guide 4Definitions 4

1 Permanent Visa Pathways Overview 5 What visas are available? 6 Making the right choice: Humanitarian

Program or Family Migration Program? 7 Other visa options 7

2 Proposing Immediate Family under the Humanitarian Program 8

How long will it take for the visa to be granted? 8

Who can propose immediate family under the humanitarian program? 8

Who are ‘Immediate Family’? 9 Who is a ‘dependent child’? 9 Who is ‘Immediate Family’ to people

under 18? 9 Criteria that must be satisfied 9 What are ‘compelling reasons criteria’? 9 How much will it cost? 10 What visa will be granted? 10 What do I need to do to apply? 10 What if the application is refused? 10

3 Proposing non-immediate Family under the Humanitarian Program 11

What are my chances of success? 11 Who can propose non-immediate family

under the humanitarian program? 11 What visas are available? 11 Can both immediate family and non-

immediate family be included on the same application? 12

How long will it take for the visa to be granted? 12

What if the application is refused? 12 What do I need to do to apply? 12

4 Family Migration Program 13 Who can sponsor family under the

Family Migration Program? 13 What visas are available under the

Family Migration Program? 13 Are there any other costs involved? 14 What are the chances of success? 14 False information 14 What if the application is refused? 15 What do I need to do to apply? 15

5 Issues for Proposers, Sponsors and Applicants 16

Alternative forms of evidence 16 Consent for children to migrate 17 False information Tracking the application

6 Who can give assistance? 18

APPENDIX A – Humanitarian Visa Help Kit 20Useful Resources 25

APPENDIX B – Useful Contacts 26

4

USING THIS GUIDEFamily reunion is a vital part of the resettlement process. This guide will assist people who are seeking to bring family members to Australia under the Humanitarian Program and the Family Migration Program. However advice should always be obtained from a registered migration agent.The first section discusses permanent visa pathways and the relative merits of reunification through the Humanitarian Program and the Family Migration Program. This section discusses the advantages and disadvantages of each Program and is intended to guide the reader as to their best reunification options given their circumstances.The second section gives details on proposing immediate family through the Humanitarian Program while the third section gives details on proposing non-immediate family through the Humanitarian Program.

The fourth section examines family reunion options available under the Family Migration Program. These sections each examine the types of visas available, define relevant concepts and terms and discuss significant features of the application process such as costs involved with making an application and chances of success.The fifth section observes some of the issues associated with people from refugee producing countries applying for family reunion visas including issues relating to evidentiary requirements and what is needed when applying for visas for children.The sixth section explains who is able to provide immigration assistance.Finally, the Appendix A provides an RFR Humanitarian visa help kit with a to-do list and practical advice to assist Proposers and Applicants through the application process. Appendix B lists useful contacts.The guide is written in plain English as much as possible.

Only a Registered Migration Agent can provide ‘immigration assistance’. Refer to the ‘Who can give assistance?’ section (page 18) of this Guide for further information.

DEFINITIONSApplicant Means the person/s applying for the visa.

the Department Refers to the Department of Immigration and Border Protection.

Family Migration Program Means the permanent migration program through which visas are granted to family members of Australian permanent residents and citizens.

Humanitarian Program Means the permanent migration program through which visas are granted to refugees, immediate family of refugees and people in refugee-like situations.

Immediate family Has the meaning given in Regulations 1.03 and 1.12AA Migration Regulations 1994, being:

1. proposer’s married or de facto partner and dependent children; or

2. if Proposer under 18, their parents and parent/s dependent children.

Close family Siblings, plus partners, children and parents who do not fit the ‘immediate family’ criteria.

Non-immediate family All other family members that are not Immediate or close Family.

Proposer Means the citizen or permanent resident in Australia proposing family members under the Humanitarian Program.

Sponsor Means the citizen or permanent resident in Australia proposing family members under the Family Migration Program.

5

1 PERMANENT VISA PATHWAYS OVERVIEW

Humanitarian Program Family Migration Program Skilled Migration Program

13,750

places offered

by DIBP 2014-15

60,885

places offered

by DIBP 2014-15

128,550

places offered

by DIBP 2014-15

• Onshore protection visas

• Offshore refugee & humanitarian visas (minimum of 11,000 places), which include:

• cases referred by UNHCR

• ‘Immediate Family’

• Close family (minimum of 4000 places)

• non-Immediate Family with humanitarian claims.

• Various visas for eligible family members, including:

• Partner

• Prospective spouse

• Child

• Adopted child

• Orphan relative

• Aged dependent relative

• Carer

• Parent

• Various visas available, including business, employer sponsored and general skilled, however the Applicant must normally:

• have skills or resources which are in high demand

• speak very good English.

2 Figures are current as at February 2015. The Immigration Minister in late 2014 announced an increase of 7,500 humanitarian program places over coming years.

2

6

Type of Proposer Humanitarian Program

Family Migration Program

People who hold 200-204 Visas

Your ’immediate’ family (get first priority)• mother and/or father and their dependent children (if

you are under 18); or

• de facto or married partner and any dependent children.These applications get the highest processing priority, and some may be processed within 12 months, but processing times may vary.Your ‘close family’ (second priority)• brothers or sisters and any parents, partners or

children who don’t fit the ‘immediate family’ criteria.These applications are given the second processing priority and have a better chance than the categories below.Your other family (third priority)• grandparents, aunts, uncles, cousins, nieces, nephewsThese applications are given the third processing priority and have a high chance of failing because the number of visas available in the humanitarian program will most likely be taken up by the higher priority groups above.Your friends and distant relatives (fourth priority) These applications are given the fourth processing priority and have a high chance of failing because the higher priority groups above will take the visas available.

You can sponsor…

• family under the Family MigrationProgram.

People on 866 visas who arrived by plane at any time, or by boat before 13 August 2012

You can propose any family member (lowest priority)

Applications proposed by 866 visa holders have the lowest processing priority and will almost certainly fail.

Those who arrived by boat have lowest processing priority until you become a citizen.

You can sponsor…

• family under the Family Migration Program but boat arrivals havelowest priority until citizens.

People on 866 visas who arrived unauthorised by boat after 13 August 2012

You can not propose any family members for entry to Australia under the Humanitarian Program.

Once you become a citizen, Department policy says these applications will be processed either as the second, third or fourth priority noted above, depending on what the family relationship is between the proposer and applicant.

You can sponsor…

• family under the Family MigrationProgram but you will have the lowest processingpriority until you become a citizen

People who hold a Temporary Protection or Safe Haven Enterprise Visa

While holding this visa you can propose NO family members to Australia under the Humanitarian Program.

Boat arrivals found to be refugees can apply for a 5 year SHEV (Safe Haven Enterprise Visa). If they live in a regional area and satisfy work/study and social security requirements they may after 3 ½ years apply for some permanent visas and may be able to add family unit as secondary applicants. These visas are very hard to get and legal advice about chances must be obtained.

You can NOT sponsor…

• family under the Family MigrationProgram while holding this visa. But note info about the SHEV visa.

Any Australian citizen and any permanent resident who does not hold an 866 or 851 visa

Can propose any family member or friend for entry to Australia under the Humanitarian Program.

Policy says that these applications will be processed either as the second, third or fourth priority noted above, depending on what the family relationship is between the proposer and applicant.

NOTE 1: All the rules above for visa 866 holders apply the same for 851 (Resolution of Status) visa holders.

NOTE 2: Department policy says in exceptional circumstances individual applications may be given a higher priority.

You can sponsor… • family under the

Family Migration Program. But if you arrived as a refugee by boat your family migration application will have the lowest priority until you become a citizen.

Refugees settled in Australia The table outlines the different family reunion options available under the Humanitarian Program and Family Migration Program.

Refugees settled outside AustraliaGovernment policy is that, after 19 July 2013, asylum seekers who arrive in Australia by boat will generally not be processed or settled in Australia. Family reunion options for these people will depend on the law of the country in which they are settled.

Temporary Protection VisasBoat arrivals found to be refugees now get a Temporary Protection Visa or a regional Safe Haven Enterprise Visa. Being temporary visas, they do not allow you to sponsor family members under the Humanitarian or Family Migration programs.

7

Making the right choice: Humanitarian Program or Family Migration Program?For holders of visas 200-204, seeking family reunion under the Humanitarian program may often be best. For boat arrivals and holders of protection visa 866, most will need to become citizens before having a chance of bringing family under the family migration program.

Applying through the Family Migration Program can be very expensive, and may be inappropriate or undesirable for some Proposers. The table below outlines the advantages and disadvantages of the Humanitarian Program and the Family Migration Program.

Humanitarian Program

Advantages Disadvantages

• Immediate family have highest priority andclose family have next priority.

• Cost effective.

• No application fees.

• No medical fees.

• Travel costs paid for visas 200, 201, 203, 204.

• 202 visa – you must pay travel costs. International Organization for Migration (IOM) or other schemes can help with no-interest loanschemes. These usually need a deposit first.

• No waiting period for Centrelink.

• Access to Humanitarian Settlement Services.

• Some non-Immediate Family applications havevery little chance of succeeding.

• Possibility of lengthy processing times.

• No review of negative decisions.

• Compelling reasons criteria must beaddressed by:

• onshore authorised arrivals; or

• adults that arrived by boat prior to 13 August 2012.

Family Migration Program

Advantages Disadvantages

• High likelihood of success but must satisfy allcriteria

• Review rights if application rejected

• Only option for family reunion for 866 visa holders. Those who arrived unauthorised havelowest priority until they become citizens.

• Costly:

• large application fees;

• airfares; and

• medical checks.

• May need ‘Assurance of support’.

• Visa application fees are non-refundable.

• Very long processing times for some visas.

• May not get Centrelink immediately.

Other visa options

i) Community proposalThis is a pilot program of 500places where an approved proposingorganisation supports visa applications,pays the costs and helps settleapplicants in Australia. Due to highdemand the program is closed.Monitor the Department website forupdates.

ii) Permanent visa under SkilledMigration Program

Skilled visa options should beconsidered, though refugees fromconflict ravaged countries often have

little opportunity to get the required formal education or experience.

iii) Temporary visas

There may be difficulties for a personfrom a refugee situation obtaining atemporary visa, (e.g. a visitor or studentvisa) as the Department may suspectthat the intention is not for genuinetemporary stay, but rather to come toAustralia to apply for refugee statusonshore. However an application isworth submitting where there is strongevidence that return is planned.

Direction 62The Immigration Minister has directed that all family stream visa applicants sponsored by unauthorised maritime arrivals will have lowest priority until the sponsor becomes a citizen.

8

2 PROPOSING IMMEDIATE FAMILY UNDER THE HUMANITARIAN PROGRAM

Who can propose Immediate Family under the Humanitarian Program? The following permanent residents or citizens may be able to propose their Immediate Family under the Humanitarian Program:

1. people who were granted a refugee and/or humanitarian visa overseas and migrated to Australia (Subclass 200-204); and

2. people on 866 visas, other than those who arrived by boat on or after 13 August 2012, however the ‘compelling reasons criteria’ need to be addressed (see page 9 for details).

Some people on 866 visas whose boat arrived on the Australian mainland itself before 1 June 2013 may also be able to propose Immediate Family.

All other people who arrived by boat on or after 13 August 2012 cannot propose family under the Humanitarian Program and should look to the Family Migration Program for any visa options. However under the Family Migration Program they will have the lowest processing priority until they become citizens.

People who hold any type of temporary protection or safe haven visa cannot propose family under the Humanitarian Program or sponsor family under the Family Migration Program.

For more details see the table on page 6.

How long will it take for the visa to be granted? This will depend on a number of factors. Applications proposed by 200 – 204 visa holders have the highest priority and some may be processed as quickly as within 12 months however may take much longer than this. Applicants proposed by 866 visa holders have the lowest processing priority and will almost certainly fail.

Applicants should look at options under both programs.

EXCEPTION: Proposers in Australia on Woman at Risk Visas

A woman on a ‘Woman at Risk’ (subclass 204) visa is prohibited from proposing the Applicant’s entry to Australia if:

i) she was granted a subclass 204 visa within 5 years immediately preceding the application; and

ii) on the date of grant of that visa the Applicant was:

a. a former spouse or former de facto partner of that woman, having been divorced or permanently separated from that woman; or

b. the spouse or de facto partner of that woman and that relationship had not been declared to DIBP.

These limitations apply to applications made under both the Family Migration Program or Humanitarian Program.

This is a complicated area and Proposers should see a migration agent for advice.

Applicants proposed by adults who arrived in Australia by boat are given the lowest priority under the Humanitarian Program and are unlikely to be successful.

9

Who are ‘Immediate Family’?Immediate Family includes:

A. a Proposer’s married or de facto partner and dependent children; or

B. where the Proposer is under 18, their parents and parent/s dependent children.3

All other family members are defined as non-Immediate Family.

Who is a ‘dependent child’?Dependent child includes:

A. natural, adopted or step children under 18; or

B. children aged over 18 who normally live with the Applicant, are not married, and have to rely on the Applicant for support; or

C. children aged over 18 who have a serious disability and cannot work.

‘Dependence’ is defined more broadly in the Humanitarian program than in the Family Migration Program. For Immediate Family it includes economic or physical or psychological dependence. Psychological dependence should be more than close family bonds, according to Departmental policy.

Who is ‘Immediate Family’ to people under 18?If the Proposer is under 18, Immediate Family includes:

i). the Applicant’s parent/s; and

ii). the Applicant’s parent/s dependent children.

The Proposer must be under 18 at the time the application is lodged.

The Proposer does not have to continue to be under 18 at the time of the decision.4

Criteria that must be satisfied• The Proposer must have told the

Department about the family members before the Proposer was granted their refugee or humanitarian visa; and

• The Applicant must continue to be a member of the Proposer’s Immediate Family; and

• The Applicant must apply within five years of the date of grant of the Proposer’s visa; and

• The family members must have been ’Immediate Family’ on the date:

• The Proposer was granted their visa (for subclass 200-204 visa holders), or

• On the date the Proposer applied for their visa (for subclass 866 visa holders).

• If the Proposer is on an 866 visa and eligible to propose Immediate Family (see page 6), the Applicant must also address the compelling reasons criteria in their application. See below.

If all criterion are NOT met look to visa options under the Family Migration Program.

What are ‘compelling reasons criteria’?Applicants need to satisfy the Minister that there are compelling reasons to grant the Applicant a permanent visa.

If the Proposer is on a 200-204 visa, the Minister is said to be satisfied that there are compelling reasons having regard only to the Immediate Family relationship.

However, if the Proposer is on an 866 visa OR if the Applicants are non-Immediate Family, the Applicant must address the following compelling reasons in their application:

i). degree of persecution to which the Applicant is subject in the Applicant’s home country; and

ii). extent of Applicant’s connection with Australia; and

3 Regulations 1.03 and 1.12AA Migration Regulations 19944 The law changed in late 2011, see Shahi v Immigration for

Citizenship [2011] HCA 52 (14 December 2011)

10

iii). whether or not there is another suitable country that can provide for the Applicant’s settlement and protection; and

iv). the capacity of the Australian community to provide for the Applicant’s permanent settlement.

Information should be included in the application about the Applicant’s fear of persecution in the Applicant’s home country, what family or other connections the Applicants have to Australia, what skills and employment prospects they have which would help them settle and integrate, and that there is no other third country where they can settle and be secure.

How much will it cost?Applying through the Humanitarian Program is free. No visa application charge is required.

If the Applicants are granted a humanitarian visa (subclass 200, 201, 203 or 204) the Australian Government will pay for their:

• travel costs;

• medical examinations; and

• x-ray examinations.

i). Travel Costs

If a subclass 202 (Global Special Humanitarian) visa is granted, the Australian Government is not responsible for the Applicant’s travel to Australia, including airfares. The International Organization for Migration (IOM) helps with no-interest loan schemes. These usually need a deposit first.

ii). Costs of Providing Evidence

There are a number of costs that may be incurred by the Proposer in providing evidence required by the Department. The Proposer must meet, for example, the expense of having official documents translated (i.e. marriage certificates and ID cards) and producing passport-sized photos. Costs of couriering the application and the applicants’ travel to be interviewed can be significant. The Proposer may also be requested to provide further evidence to the Department including DNA evidence.

What visa will be granted?A successful Applicant will normally be granted the same Humanitarian Visa as the Proposer.

However, if the Proposer is on an 866 visa the Applicant will be granted a subclass 202 visa.

What do I need to do to apply?See Appendix A – Humanitarian Visa Help Kit.

What if the application is refused?If the application is refused, the decision cannot be reviewed in Australia however judicial review to the courts on questions of law may be available. Another application can be lodged but there would need to be very important new information for it to succeed. Advice from a Migration Agent should first be obtained urgently.

11

3 PROPOSING NON-IMMEDIATE FAMILY UNDER THE HUMANITARIAN PROGRAM

What are my chances of success?Applications for the ‘Immediate Family’ of 200 – 204 visa holders have the highest priority and have a good chance of success. With ‘non-Immediate Family’ applications, those for ‘close family’ (i.e. siblings, plus partners, children and parents who do not fit the ‘immediate family’ criteria) have the second priority and have the next best chance. Applications made by community organisations under the Community Proposal pilot will also have good chances of success. Other applications will very likely fail.

Applications under the Humanitarian Program for someone who does not fit within the ‘Immediate Family’ provisions have a lower priority than applications for ‘Immediate Family’ of 200 – 204 visa holders. Many of these application fail.

Decisions to admit family members take into account what are the most ‘compelling’ cases based on the Applicants’ connection to Australia, the threat of harm in the home country, whether there is another safe country to go to and whether it is in Australia’s interests and global priorities.

For a definition of Immediate Family and non-Immediate Family see page 9.

Who can propose non-Immediate Family under the Humanitarian Program?The following permanent residents or citizens can propose their non-Immediate Family under the Humanitarian Program:

1. people who were granted a refugee and/or humanitarian visa overseas and migrated to Australia (Subclass 200-204); and

2. people on 866 visas who arrived by plane at anytime, or by boat before 13 August 2012.

3. Any person who is a citizen or permanent resident can propose.

People who arrived by boat on or after 13 August 2012 cannot propose any Family under the Humanitarian Program, (unless their boat arrived on Australian mainland before 1 June 2013. Those people should seek legal advice about whether they can propose).

What visas are available?Non-Immediate Family applications will be assessed against the criteria of all of the five subclasses below:

1. Refugee Visa (Subclass 200)

For people subject to persecution in their home country and in need of resettlement. Most Applicants are referred to the Australian Government by the United Nations High Commissioner for Refugees (UNHCR).

2. In-country Special Humanitarian Program Visa (Subclass 201)

For people living in their home country and subject to persecution in their home country. These visas are usually only granted when there has been diplomatic intervention. Only a very small number of these visas are granted each year.

3. Global Special Humanitarian Program Visa (Subclass 202)

For people who, while not being refugees, are subject to substantial discrimination and human rights abuses in their home country. They must be proposed for entry by an Australian citizen, permanent resident, eligible New Zealand citizen, or an organisation operating in Australia.

4. Emergency Rescue Visa (Subclass 203)

Accelerated processing for people subject to persecution in their home country and where delays could put their life or freedom in danger. These visas are usually only granted when there has been diplomatic intervention

Many non-Immediate Family applications will fail because of the number of places available each year in Australia’s refugee program

UNHCRFamily member applicants must be registered with UNHCR to have the best chance

12

Where an Applicant is applying as non-immediate family the Applicant will be automatically assessed against the criteria of all 5 humanitarian visas.

Therefore, it is important that submissions include:

• a completed Part G in Form 842;

• statutory declaration of the applicant; and

• supporting country information, detailing the claims as they relate to the criteria listed in any one of the applicable 5 visa subclasses above.

Can both Immediate Family and non-Immediate Family be included on the same application?Where a person wants to propose both Immediate Family and non-Immediate Family it may be best to lodge a separate application for the non-Immediate Family members which include detailed information about the risks of harm feared (i.e. in Part G of Form 842 ‘Humanitarian Claims’). It needs to be made clear in the separate applications that the family are linked.

If non-Immediate Family members are put on the application form as Immediate Family then DIBP may remove them and treat them as a separate application. This will delay the application.

How much will it cost?Costs are the same for applications for Immediate Family under the Humanitarian Program. See ‘How much will it cost?’ on page 10.

How long will it take for the visa to be granted? Some visas can be finalised within 12 months, but it is usually a longer waiting period.

As mentioned above, when applying for non-immediate family there is a high chance of failing as the number of applications received is far greater than the visa places available.

What if the application is refused?If the application is refused, the decision cannot be reviewed in Australia. However another application can be lodged at any time and new information can be included. Examples of new information include improved links to Australia and claims that have not previously been declared to Immigration. However even with new information, a non-immediate family application is likely to fail.

What do I need to do to apply?See Appendix A Humanitarian Visa Help Kit.

13

4 FAMILY MIGRATION PROGRAM

Who can sponsor family under the Family Migration Program?All Australian permanent residents and citizens can sponsor certain family members under the Family Migration Program.

Sometimes it may be better for a humanitarian visa holder in Australia to apply for family members under the Family Migration Program rather than the Humanitarian Program. If they wanted, an Applicant could have applications ongoing under both programs. They would have to withdraw one before any visa could be granted.

There are restrictions on sponsoring for people who are in Australia on Woman at Risk Visas. See page 8 for details.

What visas are available under the Family Migration Program?Family Migration visas are different to Humanitarian visas in that there are a broader range of visa options, faster processing times, and substantial application charges.

The following table provides the categories of visa available through the Family Migration Program, the Base Visa Application Charge and Additional Applicant Charges which applies to each and their estimated processing time. These charges and times change often. It is important to get legal advice before lodging any of these applications.

Categories of Visa

Base Visa Application Charge*

Additional applicant charge for each applicant under 18 years of age

Additional applicant charge for each applicant aged 18 or over

Processing Times* (except for boat arrivals, see box)

Partner (Spouse or De Facto) $4630 $1155 $2320 5-12 months

Prospective Marriage (Fiancé)

$4630 $1155 $2320 5-12 months

Dependent Child (Natural, Adopted or Step-Child)

$2370 # $595 $1185 3-14 months

Orphan Relative (under 18)

$1450 # $365 $725 3-14 months

Remaining Relative

$2370 $595 $1185 56 year (Remaining Relative and Aged Dependent Relative)

30 years (Parent)

Aged Dependent Relative

Parent (non- Contributory)

Carer $1450 $365 $725 5 years

Contributory Parent

$2065 & up to $43,600

Please seek migration advice. 12-24 months before processing

* This table is accurate as of 1 February 2015. Note that fees change regularly. # It will usually be the case that the Base Application Charge must be paid for each child sponsored to come to Australia. For example, the Base Application Charge will need to be paid four times if four siblings are sponsored.

It is important to obtain full migration advice from a Registered Migration Agent prior to making a decision to pursue this avenue. Registered Migration Agents need to advise carefully about: application fees, visa caps and length of queues, limitations on social security and settlement support, the need for the Sponsor to be ‘settled’, Assurances of Support and review rights.

It is important to note that visa application fees are non-refundable.

If the application fails, the fee will not be returned by the Department to the Sponsor and/or the Applicant.

Family reunion applications by visa Unauthorised Boat Arrivals866 holders who arrived by boat are given the lowest processing priority and will take several years to finalise.

This does not apply to applications sponsored by citizens. It is strongly advised that these sponsors apply for citizenship as soon as eligible.

14

Are there any other costs involved? In addition to the Visa Application Charges listed in the table above, a number of other expenses have to be met by the Sponsor and/or the Applicant, such as:

i). Travel Costs

The cost of airfares and any costs in travelling to be interviewed by the Department before a visa is granted.

ii). Medical Costs

All associated medical and x-ray costs.

iii). Assurance of Support

An Assurance of Support is a legal commitment by a person, not necessarily the Sponsor, to repay the Australian Government certain welfare payments paid to migrants during a set period.

Some Family Migration Program Applicants are subject to a mandatory Assurance of Support. Other Applicants may be subject to a discretionary Assurance of Support if they are assessed as being at risk of becoming a charge on Australia’s welfare system.

For further information consult ‘Fact Sheet 34: Assurance of Support’ on the Department‘s website.

iv). Evidence Costs

There are a number of costs that may be incurred by the Sponsor in Just a query on page 14.providing the evidence required by the Department. The Sponsor must, for example, cover the expense of having official documents translated (i.e. marriage certificates and ID cards) and producing passport-sized photos. The Proposer may also be requested to provide further evidence to the Department including DNA evidence.

What are the chances of success?The chance of success varies depending on the individual circumstances of each case. Chance of success depends on whether a valid application has been lodged, all criteria is satisfied, requested

evidence has been supplied and if the Department considers both the Sponsor and Applicant to be credible.

False informationExtreme care should be taken to make sure all information in applications is correct. Family stream visas are subject to the fraud public interest criteria (PIC 4020). This means that a family stream visa may be refused if the applicant has given false, misleading or incorrect information or bogus (false) documents regarding ‘a material particular’ (that is, regarding information that the Department would rely on in order to make a decision). You may also be subject to a three year bar on the granting of a further family stream visa.

This criteria can be waived in compelling cases, such as where there are health or welfare issues impacting on Australian citizens or residents.

It is not necessary that a visa applicant know of, or be directly involved in, any falsehood for this criteria to apply.

The Department will not refuse a visa because of innocent or unintended errors, including administrative errors. An element of fraud or deception is necessary (See Trivedi v Minister for Immigration and Border Protection [2014] FCAFC 42)

A family stream visa can be refused:

• if the false information or documents are given during the application process; or

• if you previously provided false information or documents in relation to a visa you held in the 12 months before the current application was made, or

• if you (or a member of your family unit ) had a visa refused previously for failing to meet the Fraud PIC 4020 anytime during the period starting three years before this current visa application and before its decision.

The PIC 4020 applies also to where an applicant is unable to prove their identity to the Minister. In this case the application can be refused but the bar on applying again is 10 years, not 3 years.

15

There may be review rights for applications lodged in Australia. For applications lodged outside Australia, the sponsor would have to apply for review on the applicant’s behalf.

It’s important to see a migration agent urgently if any of these issues arise.

What if the application is refused?If an application is refused, the Department will advise in writing of the reasons for the refusal decision and the review rights. Review of migration decisions is undertaken by the Migration Review Tribunal. There are strict time limits which depend on what way the refusal decision is advised to the applicant. Urgent advice from a Registered Migration Agent is needed.

Can I apply again? There is no limit to how many applications you can lodge through the Family Migration Program. However you have to pay a new application fee each time.

What do I need to do to apply?It is important to obtain full migration advice from a Registered Migration Agent prior to making a decision to pursue Family Migration visas.

16

5 ISSUES FOR PROPOSERS, SPONSORS AND APPLICANTS

Alternative forms of evidenceWhether applying through the Humanitarian Program or the Family Migration Program, claims made in applications must be supported by evidence.

There are many reasons why someone from a refugee producing country may have difficulties demonstrating their claims. Many come from war-torn countries where their documents have been lost or destroyed and where birth, death and marriage certificates are not provided as a matter of course.

The Department holds both humanitarian and family migration visa Applicants to a high standard, requiring strong evidence of claims made. When an Applicant cannot provide official documents as evidence then they should be strongly encouraged to provide alternative forms of evidence.

The following is a non-exhaustive list and Applicants should explore all options to produce evidence of their claims.

i). Statutory Declarations

Statutory Declarations from the Applicant, their Sponsor or Proposer, friends and family members are useful to establish claims of births, deaths and relationships.

For example, for the purposes of a Partner visa, a roommate may describe in a statutory Declaration, regular phone calls made between the Sponsor and the Applicant, to help try to establish a ‘genuine and continuing relationship’.

It is important to note that Statutory Declarations from Australian citizens and permanent residents carry more weight and should be sought where possible.

ii). Steps taken in pursuit of evidence

Where evidence cannot be obtained, Applicants should advise the Department of all the steps they have taken trying to obtain evidence. For example, where an Applicant is seeking to provide evidence that a parent is deceased for the purposes of an Orphan Relative Visa, they should detail their understanding of the situation in a Statutory Declaration. Applicants should also document all attempts to locate the individual, including using the Red Cross Tracing Service or other NGO’s or Government agencies.

iii). DNA testing

Where establishing a biological relationship is necessary, include in a Statutory Declaration the willingness of the Applicant and their family to undergo DNA testing.

iv). Country of origin information

If an Applicant does not have official documentation to evidence death, country of origin information can be provided to evidence the cause of death. For example if someone died in a violent attack, country information can evidence that such an event occurred at the time the Proposer and Applicant say it did.

v). Pursued every avenue

At all stages of the application, document the attempts to secure evidence. Demonstrate to the Department that the Proposer and the Applicant have made every effort to find the evidence required.

17

Consent for children to migrateBefore the Department will grant a visa to a child, the Department needs to be satisfied that:

i). each person who can lawfully determine where the child is to live (each legal guardian) consents to the grant of the Australian visa; and

ii). the law of the child’s home country permits the child to come to Australia; or

iii). there is a court order from the child’s home country granting permission for the grant of the visa.

The Department needs to be satisfied that all legal guardians of a child consent to their child being granted an Australian visa. The Department will not grant a visa in circumstances where consent is not obtained.

If the child has a legal guardian, who is not already in Australia or not travelling with the child to Australia, then the legal guardian needs to complete and sign Form 1229.

Applicants and Sponsors need to be aware of what the law in their home country says about the removal of children to other countries. If a parent is deceased then the law in their home country might require the child Applicant to have legal forms such as the Form 1229 signed by someone else, eg: their deceased father’s family. See a Migration Agent or Solicitor for further advice about this complex area.

Missing parents

If a parent is missing it is very unlikely that the Department will presume that the parent has passed away unless it is stated by the Applicant. Where a parent is missing and there is no evidence that the parent is dead, the Department may request a completed and signed Form 1229 be obtained from the missing parent. See Tahiri v Minister for Immigration and Citizenship [2012] HCR 61 (13 December 2012).

False InformationVisas can be refused or cancelled where false information is given by the applicant, sponsor or proposer.

Where an application is made, it should be carefully checked against the information the sponsor or proposer gave to Immigration when they obtained their visa. If there are differences, this can cause serious difficulties. Advice should be obtained from a migration agent before lodging any further application.

Sponsor’s visa may be cancelled

If a sponsor (or proposer) puts information into a family reunion application that is different to information the sponsor gave to Immigration previously when he or she got their visa, this can cause problems. Immigration may send a notice to the sponsor saying they intend to cancel their visa because they gave false information when getting their visa. If this happens the sponsor will have to make a case to Immigration saying why their visa shouldn’t be cancelled and that the government has obligations under international treaties to not send the sponsor back to their home country. Assistance from a registered migration agent is vital here.

Tracking the ApplicationIt is important that communication is maintained with the Department. A Form 956A appointing an authorised recipient should be completed to give authority to the sponsor or proposer to receive communication about the case from Immigration.

18

6 WHO CAN GIVE ASSISTANCE?Under the Australian Migration Act 1958 there are strict rules as to who can give assistance to visa Applicants, review Applicants and Sponsors/Proposers.

Anyone can provide ‘Administrative Assistance’It is lawful to provide ‘administrative assistance’ without being registered as a Migration Agent. The Act defines the following as ‘administrative assistance’:

i). clerical work in the preparation of an application or other document;

ii). translation or interpreting services to help prepare an application or other document;

iii). advising someone that they must apply for a visa;

iv). passing on to another person information produced by a third person, without giving substantial comment on or explanation of the information.

‘Clerical work’ is not defined in the Migration Act, but the Immigration Department view, outlined in their procedures manual, is that the type of activities would include but not be limited to, the following:

i). typing or writing answers into an application/document;

ii). photocopying or collating documents;

iii). indicating where certain information should go in an application form;

iv). paying the visa application charge and physically lodging an application.

Only a Registered Migration Agent can provide ‘Immigration Assistance’ It is a criminal offence to provide ‘immigration assistance’ if you are not a registered Migration Agent.

A list of registered migration agents can be found at www.mara.gov.au or by contacting the Office of the Migration Agents Registration Authority on 1300 226 272.

‘Immigration Assistance’ is defined in the Migration Act as assistance provided by a person who uses or purports to use knowledge of, or experience in, migration procedure, to assist a visa Applicant, or cancellation review Applicant, by:

i). preparing or helping to prepare the application; or

ii). advising the Applicant about the application; or

iii). preparing for proceedings before a court or review authority in relation to the application; or

iv). representing the Applicant in proceedings before a court or review authority in relation to the application.

‘Immigration Assistance’ also includes providing such advice and assistance to sponsors and nominators of visa Applicants.

Immigration Department policy states that in some instances there may be a fine line between what is or is not immigration assistance and officers must be satisfied, as well as be able to demonstrate, that a person has in fact used their knowledge of migration law and procedures to give assistance.

19

Costs of Migration AgentsSee the website of the Office of the Migration Agents Registration Authority to find average fees charged for different types of visas: https://www.mara.gov.au/Consumer-Information/default.aspx

These people can give ‘immigration assistance’ without being registered as a Migration Agent – provided there is no fee, reward or gift:

i). a close family member (i.e. spouse, child, parent, brother or sister) of the visa Applicant; or

ii). the sponsor or nominator of the visa Applicant; or

iii). any person helping prepare a request for ministerial intervention; or

iv). state or Federal Parliamentarians; or

v). members of diplomatic missions in their capacity as members of a diplomatic mission; or

vi). Commonwealth or State/Territory Government officials (including members of staff of a parliamentarian) in the course of their duties as an official; or

vii). members of a consular post in their capacity as members of a consular post; or

viii). members of an office of an international organisation in their capacity as members of an international organisation.

Anyone can make ‘Immigration Representations’ – provided there is no fee, reward or gift'Immigration representations' are communications with the Department or Ministerial staff on behalf of an Applicant, nominator or sponsor, about their application. This also includes representations about Ministerial intervention requests.

Anyone may lawfully make ‘immigration representations’ on behalf of a visa Applicant or cancellation review Applicant so long as there is no payment of fee, reward or gift.

Only lawyers can provide ‘Immigration Legal Assistance’Lawyers can provide 'immigration legal assistance' without being registered Migration Agents and can charge fees for doing so. ‘Immigration legal assistance’ means advising, preparing for proceedings or representing an Applicant before a Court in relation to the application.

Strict PenaltiesThe offence of giving immigration assistance without registration is a ‘strict liability’ offence. This means the prosecution does not have to prove the person intended to commit the offence – doing the act is itself enough for a conviction. There are also other associated offences for advertising the provision of immigration assistance and charging fees for immigration assistance, by people who are not registered Migration Agents. High fines and imprisonment terms are imposed for the various offences.

Seek Legal AdviceIf you are considering providing some kind of assistance to a visa Applicant or Sponsor/Proposer, always seek legal advice if you are unsure whether it is lawful to do so.

20

APPENDIX A HUMANITARIAN VISA HELP KIT

APPLICATION PROCESS Step 1 Proposer in Australia completes

Form 681 Refugee and Special Humanitarian Proposal.

Step 2 Form 842 Application for an offshore humanitarian visa should be completed and signed by all Applicants over 18. If someone else is filling it in for the Applicant, make sure the answers are those of the Applicant.

Form 956 or 956A completed and signed by all Applicants over 16 if appointing a Migration Agent or an ‘authorised representative’.

Step 3 Attach all the identity documents and evidence, including:

• 8 passport photographs of each person included in the application with the name of the person written on the back;

• certified copies of their passport, identity or travel documents;

• certified copies of Proposer’s passport, identity or travel documents showing permanent residence or Australian citizenship and the date first granted permanent residence in Australia, and

• a statement from Proposer with evidence which helps prove there is an ‘Immediate Family’ relationship and what support Proposer will give for ‘non-Immediate’ Family members a statement should include details of: the risks they face now and if they have to return to their home country; the family or other connections the Applicants have to Australia; what skills and employment prospects

they have which would help them settle and integrate; and that there is no other third country where they can settle and be secure.

There may be additional relevant evidence to include – consult the ‘Alternative Forms of Evidence’ section on page 15 of this guide for more information.

Step 4 Attach a cover letter to the application form with:

• name and birth date of Proposer and main Applicant;

• Proposer’s current address; and

• list of documents attached to application (if there is more information to come say that it will be provided to the Department as soon as it is received).

Step 5 Keep a copy of all documents sent.

Step 6 Lodge these forms at the right place.5

Step 7 Keep a receipt of postage as it is proof the application was lodged.

Step 8 An acknowledgement letter and file number will be sent by Immigration. An application lodged in Australia will be assessed to see if it should go to the next stage of being sent to the overseas Immigration Office.

Step 9 Applicants and authorised recipients can check with the Immigration Office in Australia or overseas about the progress of the case. The Department must be advised throughout the whole process of any change in circumstances, for example, if there are any changes of address,

21

changes in any of the family relationships, the birth of a child or a marriage occurs.

Step 10 If the application is sent to the overseas Immigration office for further processing, the family overseas may be interviewed by officers from the Australian overseas mission to check the identity and family relationship of each Applicant and, if required, the humanitarian claims. DNA tests may be requested.

Step 11 Family members may then be asked to do medical and police checks.

Step 12 If the application is accepted then the process of finalising visas and travel arrangements begins.

Step 13 If the application is refused, the decision cannot be reviewed in Australia. However another application can be lodged. There may be a chance to have judicial review by a court.

APPLICANT TO-DO LIST

Details needed for each Applicant1. 8 passport size photos (with full name

on back of each);2. full names, date (or year) of birth,

where born, marriage status, how related;

3. any UNHCR registration or mandate cards;

4. Applicant’s physical address (not a post box) of where living now; how long been there; what countries went through to get there;

5. identity documents (passport, identity document, birth certificates or a written statement explaining why you don’t have them);

6. marriage evidence (marriage documents, wedding photos or statements);

7. family relationship evidence (eg identity documents showing parents, family photos, written statements);

8. addresses in the last 10 years;

9. jobs held in past 15 years (where, when, type of job and name of employer);

10. education (when did they complete primary, secondary, post secondary);

11. languages spoken (and how well each speaks English);

12. any serious medical conditions;

13. if convicted of any crimes or been deported from a country; and

14. details of parents and brothers/sisters of main Applicant and their spouse names (plus mother’s name before marriage), when born, whether married by law or religion, where born, where now, visa status in country they now live.

Humanitarian claimsApplicants should tell their own personal story of why they left their home country, what they will suffer if returned, and why. Who will harm them and why can’t government protect them? Why can’t they return to another part of the home country where it might be safe? Do not just give a general account of problems in their country. Write about what happened to them with as much detail as possible.

Forms to completeForm 681 – proposal signed by Proposer.

Form 842 – visa application signed by all Applicants 18 or over.

Form 956A – signed by all Applicants 16 or over and the Proposer (if Applicants want the Proposer to receive correspondence about the application. If Applicants have appointed a Migration Agent, use Form 956).

Answer all questions honestly. Make sure everything in the form is true and the forms are signed. False answers may make the application fail. If there is a difference with any information previously given to the Department then put reasons for the difference in a statement.

5 Check the DIBP website for correct lodgement address and means of lodgement. Some applications are lodged at the Offshore Humanitarian Processing Centres in the Sydney or Melbourne offices of DIBP, depending on where the Applicant is now living.

After Application is LodgedIf a migration agent takes on the case, the agent will follow up the processing after lodging. However in many cases an agent may not take the whole case on and follow up after lodgement is the Proposer’s and Applicant’s responsibility.

22

Information that cannot fit on the forms should be on a separate signed page. Documents need to be translated into English. Certified copies means documents are stamped as true copies by a Justice of the Peace or Solicitor, or if outside Australia someone in a similar position. Applicants and authorised recipient must advise the Department of change of address after the application has been lodged. FILLING IN FORM 842 Form 842 is for the person who is applying overseas (the Applicant). If someone else is filling it in for the Applicant, make sure the answers are those of the Applicant.

Read the instructions on the front of the form carefully. Answer all questions honestly. Wrong answers in the form or at an interview may make the application fail. The application should match with any information given to the Department before. Check it against the Proposer’s previous visa application. If there is a difference then put reasons for the difference in a statement.

Put in certified copies. If an Applicant is using a registered Migration Agent, the agent can certify copies for them. If you don’t have any documents explain why there are none. Do not put in fraudulent documents. This may make the application fail because the decision-maker may not be satisfied the Applicant meets the criteria.

Other evidence is best given by a Statutory Declaration properly witnessed.

If a family member is missing still include their details and explain in Part D where, when and how they went missing and what steps have been taken to try to find them. Write in the ‘cover letter’ to the Department that if they can’t be found by decision time then they can be taken off the application.

If there are no identity documents explain why not. All names and dates of birth should be accurate. If the exact birth date is unknown put the year.

Part A – Summary of people included in the applicationFor each person included who is not the main Applicant’s partner or child under 18 years explain why this person is dependent on the main Applicant. ‘Dependence’ can be financial, psychological or physical. This can be financial support for basic needs like food and shelter; making important decisions about school and medical matters; and living together for a very long time. Psychological dependence is more serious than normal emotional ties between family members. It relates more to things like serious mental or medical conditions which stops the person living independently.

If children are married or are independent or have their own income then they are ‘non-dependent family members’ and they should complete their own application form. However they should still be listed in Part D.

Any other relatives should fill in separate forms for their own family unit. A ‘family unit’ includes all members of someone’s family who usually live with them and are dependent on them.

Part B – Mandated or registered ApplicantsRegistration with the UNHCR or similar organisation will help the case.

Part C – Contact detailsA physical residential address must be given or the application won’t be accepted. A post office box address will not do. You must also advise if you change your residential address after the application has been lodged.

Part D – Family backgroundCopies of documents (eg birth certificates, marriage certificates) that prove the relationships should be included and certified. A statement from the Proposer with evidence which helps prove the family relationship is essential. Statements from others who know of the relationship can also be helpful. It’s important to declare all the relatives of the main Applicant and their spouse, even those that may be missing, as this could assist sponsorship in the future.

23

Part E – Links to AustraliaThis shows what family ties you have in Australia. The details of any Proposer go here and the Proposer must also complete a Form 681. If the Applicant has other links such as employment, business, education or friends, these details are put here.

Part F – Background informationGive details of Applicant’s identity documents and where they have lived before.

Part G – Humanitarian claimsApplicants should tell their own specific personal story of why they left their home country. Give as much detail as possible – when things happened, where they happened, the names of people involved, why these things happened to the Applicant, and any other details that will help the person making a decision on the application to understand the story better. Extra pages can be added. These should be signed and dated with a reference to what question the information refers to. For ‘Immediate Family’ cases, proving the relationship is most important; however, it is also useful to add any humanitarian claims.

Part H – Employment historyList all Applicants’ jobs and unemployment they have had in the last 15 years.

Part I – Language and educationFor each person in the application, give details of their language and education.

Part J – Health and characterPolice clearances are required for every country in which an Applicant over 16 has spent 12 months or more over the last ten years. Australian Security Agencies do checks on applications.

Part K – Assistance with this formPut down who helped fill in the form.

Part L - Options for receiving written communicationsIf a Migration Agent is not being used then it’s usually best to have the Proposer as the contact. A Form 956A should be included.

Part M – DeclarationThe Applicant and those over 18 must sign declaring the information is true, that the Department will be advised of any changes in circumstances before coming to Australia and that Immigration can use their personal information.

NEVER PUT IN FALSE DOCUMENTS

It can harm the application, and there may be criminal penalties or visa cancellation. If there is no document, just explain why.

24

FILLING IN FORM 681Form 681 should be completed by people or organisations wanting to propose.

Applicants under the Humanitarian Program. The role of the Proposer is to assist in the settlement of the people proposed. This includes: meeting the entrant at the airport; providing accommodation on arrival; and assistance with settling in and finding per-manent accommodation.

To be eligible as an individual to propose, you must be an Australian citizen or permanent resident or an eligible New Zealand citizen.

Part A – Details of the persons being proposed for entry Put in details of all people you are proposing in the Form 842.

Part B – Proposer’s details – IndividualsTo be completed if a person who is proposing visa Applicants is proposing as an individual, and not as the representative of any organisation.

Part C – Proposer’s details – OrganisationsWhere the Proposer is an organisation. To be completed by a person with authority to represent an organisation.

Part D – Your ability to provide settlement assistance Give details about whether the Proposer is willing and able to assist in the settlement of the people proposed.

Part E – Assistance with this formProposers should ensure the person assisting is an Agent registered with the Office of the Migration Agents Registration Authority (OMARA), or fits into one of the exceptions. A close family member, sponsor or nominator can give ‘immigration assistance’ provided there is no fee, reward or gift, and anyone can give administrative and clerical assistance (see 'Who Can Give Assistance’ in this guide on page 17).

If applying as non-Immediate Family the Applicant will be assessed against the 5 subclasses. Therefore, it is imperative that submissions include:

- a completed Part G in Form 842;

- statutory declaration of the Applicant; and

- supporting country information,which detail the claims as they relate to the criteria listed in any one of the applicable 5 subclasses.

All of this goes towards making a successful humanitarian claim.

25

Part F – Options for receiving written communicationsIt is usually best if the Proposer receives all written correspondence on behalf of the visa Applicants. To do this the main Applicant will need to complete a form 956A (Appointment or Withdrawal of Authorized Recipient) authorising the Proposer to receive all communications from the Department in respect of the visa application.

If a Migration Agent is appointed, the Department will assume the Migration Agent will be the authorised recipient, unless it is indicated otherwise. The Migration Agent will need to complete Form 956 or advise the Department in writing.

Part G – AcknowledgementThe Proposer acknowledges that; they are responsible for the settlement of the entrants to the extent they have indicated, that information in the form can go to the Department and to settlement service providers, and that government is not responsible for subclass 202 travel costs.

Useful ResourcesThe ‘Agents Gateway’ website is designed to keep Migration Agents up to date on the Department’s policy changes, as well as providing useful visa related information, links and resources. It is available to anyone to access. See: http://www.immi.gov.au/gateways/agents/

The Department has developed a one page guide titled ‘Improving the Integrity of Australian visa Applications - A Guide For Migration Agents See: http://www.immi.gov.au/gateways/agents/pdf/visa-integrity-strategies.pdf

ImmiTV Video ‘Are you giving migration advice?’ explains what someone can and cannot do as an unregistered person giving migration advice, and related penalties. See: http://www.youtube.com/user/ImmiTV?feature=mhum#p/c/F4EFEEE1C3DD40C2/1/y7gpgMpHXgQ

26

CASE for Refugees 245 Stirling Street Perth, WA 6000 Ph: (08) 9227 7311 email: admin@caseforrefugees.org.au www.caseforrefugees.org.au

Department of Immigration and Border Protection (DIBP)

www.immi.gov.au

Immigration Advice and Rights Centre (IARC)

Level 5, 362 Kent Street Sydney, NSW 2000 Ph: (02) 9262 3833 www.iarc.asn.au

Migrant Resource Centre of SA 59 King William St, Adelaide, SA 5000 Ph: (08) 8217 9510 email: admin@mrcsa.com.au www.mrcsa.com.au

National Legal Aid www.nla.aust.net.au

Office of Migration Agents Registration Authority

Level 8, 22 Market Street, Sydney NSW 2001 Ph: (02) 9078 3552 or 1300 226 272 Fax: (02) 9078 3591 www.mara.gov.au

Offshore Humanitarian Processing Centre Melbourne

Casselden Place, 2 Lonsdale Street GPO Box 241, Melbourne, Vic 3001 Ph: 1300 658 095 (within Australia) (03) 9235 3850 (outside Australia) Fax: (03) 9235 3851

Offshore Humanitarian Processing Centre Sydney

Level 3/26 Lee Street GPO Box 9984, Sydney, NSW 2001 Ph: 1300 658 731 (within Australia) (02) 8666 5652 (outside Australia) Fax: (02) 02 8666 5909

Refugee Advice and Casework Service (RACS)

Level 12, 173-175 Phillip St, Sydney, NSW 2000 Ph: (02) 9114 1600 Fax: (02) 9114 1794 email: admin@racs.org.au www.racs.org.au

Refugee and Immigration Legal Centre (RILC)

Level 1, 121-123 Brunswick Street, Fitzroy, Vic 3065 Ph: (03) 9413 0101 Fax: (03) 9413 0144 email: rilc@rilc.org.au www.rilc.org.au

Refugee and Immigration Legal Service (RAILS)

Level 1, 170 Boundary Street, West End, QLD 4101 Phone: (07) 3846 9300 Fax: (07) 3844 3073 email: admin@rails.org.au www.rails.org.au

Salvos Legal 85 Campbell Street, Surry Hills, NSW 2010 Tel: (02) 9213 3910 Fax: (02) 9213 3920 email: salvoslegal@aue.salvationarmy.org www.salvoslegal.org.au

APPENDIX B