Despite the terms “refugees” and “asylum seekers” often being used interchangeably, they in fact refer to people in different, but often overlapping, circumstances.

Refugees:

• have fled their country because of a well-founded fear of persecution; and
• may or may not have had access to apply to a country for asylum as a country they may be in may not be a signatory to the Refugees Convention.  Also, they may be unable to access relevant embassies in that country and/or may not wish to seek asylum in another country.
  

Asylum seekers:

• are applying to a country other than their own for legal protection;
• must find the means to reach a country, or the embassy of a country, that is party to the Refugees Convention where they can apply for asylum.  In the process they usually face enormous risks to their safety;
• Have the right to apply for protection from a country that has signed the Refugees Convention; and
• Are not criminals even if the Government describes them as “unauthorised”, “unlawful” or “illegal”.
  

Not all asylum seekers arrive by boat.  Some asylum seekers who come to Australia enter with a visitors’, student or other temporary visa. Some arrive with no documents or with false documents.
 
Arriving without appropriate papers should not be interpreted as an attempt to defraud the system. By definition, refugees and asylum seekers are people who are at risk of persecution, most often from their government.  Applying for a passport and/or an exit visa can be far too dangerous for some refugees; so too can be an approach to an Australian Embassy for a visa.  These actions can put their lives, and those of their families, at risk.  In such cases refugees may have to travel on forged documents or bypass regular migration channels and arrive without papers.  In other situations, refugees have to flee immediately and do not have the opportunity to gather the correct paperwork before they leave their homes.

Because boat arrivals receive much publicity, it is often thought that the number of asylum seekers entering Australia is increasing.  According to the Refugee Council of Australia, the number of asylum applications lodged in Australia decreased from 12,366 in 2001 to 5,766 in 2002.  By comparison approximately 12,500 tourist visa holders were removed in breach of visa conditions in 2002-2003.

Under the Universal Declaration of Human Rights (UDHR), “everyone has the right to seek and enjoy in other countries asylum from persecution” (Article 14).  Therefore, asylum seekers have a right to stay in Australia while their application is being determined.

What happens when a person seeks asylum in Australia?

If a person enters Australia legally and applies for asylum, they are given a Bridging Visa that allows them to remain legally in the country while their application for refugee status is being considered. If their application was made within 45 days of arrival, they are also entitled to apply for a work permit and to receive Medicare assistance.

However, welfare support is limited. After a 6 month waiting period, and only during the primary application stage, some receive income support equivalent to 89% of welfare benefits. Asylum seekers are not eligible for any other welfare assistance or state government support programs. A small proportion of asylum seekers receive application advice from government funded legal centres and agencies.

If a person enters without a valid visa or passport, they are detained for the duration of the determination process in one of Australia’s immigration detention centres: Sydney (Villawood), Melbourne (Maribyrnong), Perth (at the Airport) and Port Hedland. Provision for release exists only for children (but not their parent or caregiver), the elderly and victims of severe torture/trauma.

Asylum seekers in detention receive assistance to lodge their claims for refugee status. These applications are given priority status by decision makers. If they arrived without a valid visa or passport after 20 October, 1999 an asylum seeker is not eligible for permanent residence and can only be granted a three year Temporary Protection Visa (Visa Subclass 785) which has the following entitlements:

• access to school education subject to state policy (full fees imposed for tertiary education)
• access only to Special Benefits through Centrelink for which a range of eligibility criteria apply
• no family reunion rights (including reunion with spouse and children)
• limited access to DIMA funded settlement services
• permission to work, but ability to find employment influenced by temporary nature of visa
• no automatic right of return if the visa holder leaves the country
  

If an asylum seeker has been determined to meet the definition of a refugee (and meet health and character requirements), they are granted permanent residence and then have the same entitlements as refugees who have entered Australia under the Refugee Program.

Summary

In summary, all refugees have at one time been asylum seekers but once their status is recognised, it is no is no longer appropriate to use this term.

Some asylum seekers are refugees, however under Australian law the granting of refugee status is required to make it official and allow the person access to the support they need.