DIMA Annual Report 1997-98
Sub-program 3.2: Onshore Protection
Objective
Description
Performance information
Financial and staffing resources summary
Performance outcomes
Objective
To provide asylum for people in Australia who engage Australia's international protection obligations.
Description
The Onshore Protection sub-program is responsible for the primary decision-making process for determining onshore protection visa applications and the management of the Asylum Seeker Assistance (ASA) Scheme.
Applications are processed by staff in the Sydney and Melbourne state offices. The onshore Protection and Review Branch in Canberra provides policy and program support.
Performance information
Outcomes are determined by the extent to which:
- refugees are protected;
- decision making processes are fair, just and informal; and
- decision making processes are economical and quick.
Financial and staffing resources summary
1997–98 |
1997–98 |
1996–97 |
|
| Budgetary (cash) basis | |||
| Components of appropriations | |||
| Annual appropriations | |||
| Running costs | 26 658 |
12 275 |
n/a |
| Other program costs | 11 838 |
9 915 |
n/a |
| Total appropriations | 38 496 |
22 190 |
n/a |
| Less adjustments | 0 |
0 |
n/a |
| Total outlays | 38 496 |
22 190 |
n/a |
| Total revenue | 0 |
0 |
n/a |
| Staffing | |||
| Staff years (actual) | 266 |
187 |
n/a |
Due to program restructures in both 1996–97 and 1997–98, sub-program figures for 1996–97 actuals are not meaningful for comparative purposes to 1997–98 figures. They have therefore not been included in this table.
[ Top Of Page ]Performance outcomes
(i) Refugees are protected
Protection
As a signatory to the 1951 United Nations Convention and 1967 Protocol relating to the Status of Refugees, Australia has an obligation to provide protection to people in Australia who come within the Convention's refugee definition.
In 1997–98, 2 000 places were nationally set aside within the humanitarian program for protection visa grants. A protection visa provides the holder with permanent residence in Australia.
The Department received 8 101 protection visa applications in 1997–98. A total of 1 588 visas were granted, including 845 at the primary decision stage and 679 following review by the Refugee Review Tribunal (RRT).
A further 64 visas were granted by the Minister, using his discretion in the public interest under section 417 of the Act.
Since 18 September 1995, non-citizens previously refused a protection visa have been barred from making further applications for a protection visa.
A safety net, in the form of a non-compellable and non-delegable ministerial discretion to allow a further application to be made (section 48B of the Act) ensures that people in special circumstances are not disadvantaged by this provision. In 1997–98, the Minister allowed further applications to be made in 16 instances.
Asylum Seeker Assistance
The Asylum Seeker Assistance (ASA) scheme provides financial assistance to disadvantaged protection visa applicants who are unable to meet their basic needs of food, accommodation, clothing and health care, during the decision-making process.
The ASA is administered by the Australian Red Cross under an agreement with the Department.
ASA is available only to eligible applicants still awaiting a primary decision six months after lodgement of their application.
Since May 1998, the most vulnerable categories of asylum seekers who are in financial hardship can seek a waiver of the ASA eligibility criteria under an exemption process which was incorporated into the new ASA agreement with the Red Cross.
Payments are made to the Red Cross in advance to operate the scheme.
During 1997–98, 2 015 clients were assisted through the Scheme, at a cost of $9.63 million. This included $8.34 million for financial assistance, $110 000 for limited health care, $36 000 for torture and trauma counselling in Victoria and $1.14 million for administration by the Australian Red Cross.
This compares with 3 712 clients at a cost of $12.28 million in 1996–97.
Priority for processing is given to applicants in financial hardship.
(ii) Decisions are fair, just and informal
Australia is recognised by the UNHCR as having quality refugee determination procedures which deliver fair, lawful and just decisions.
[ Top Of Page ]Primary
Primary determinations are made on a case-by-case basis by trained case officers of the Department.
Procedural fairness is incorporated into the primary determination process, benefiting all applicants and guaranteeing transparency of decision-making.
The determination process is non-adversarial and informal, with the application form, letters to applicants and the decision record written in plain English. The applicant is able to submit material to the Department up until the time of decision.
Where there is a need to interview the applicant, interpreters are provided if required.
Effective decision-making is supported by the background information and corroborative advice supplied by the Department's Country Information Service (CIS).
CIS maintains BACIS which is an electronic data base of short documents. The number of countries covered by BACIS expanded from 68 to 100, while dated documents continued to be culled from data holdings.
Responsiveness to ad hoc research requirements was maintained, with answers to 704 requests from primary decision-makers seeking information on topics not held in computer holdings.
Decision-making was further enhanced by easier access to procedures, which were incorporated into the departmental electronic legislation package.
The Department continued its consultations with stakeholders in the refugee determination process to enhance the fairness, consistency and quality of primary decision-making.
Participants in these regular consultative forums, including UNHCR, non-government organisations, client groups and migration agents, have commented favourably on the dialogue such forums promote, and on the progress made in improving service to the sub-program's clients.
Training material continued to be developed in association with the Refugee Council of Australia to assist decision makers in their dealings with asylum seekers with special needs, such as the elderly, unaccompanied minors, people with physical or psychological disabilities, and survivors of torture and trauma.
The Department also liaises closely with and seeks advice from the UNHCR to ensure processes remain fair and just and procedures are transparent.
[ Top Of Page ]Review
Applicants are entitled to seek a review of a negative primary decision from a member of the independent Refugee Review Tribunal (RRT). In 1997–98, about three-quarters of primary refusals applied for review by the RRT.
This is broadly consistent with the experience in previous years.
The RRT determined 6 508 cases in 1997–98; of these the RRT set aside the primary decision in 638 cases (9.8 per cent). This compares with 11.6 per cent in 1996–97.
Decisions which are reviewed are de novo decisions (new decisions) which raise the merits of the case and take into account further evidence and/or changed country circumstances.
The activities of the RRT are presented in its own annual report.
(iii) Decisions are economical and quick
The Department was funded to make 10 500 protection visa determinations in 1997–98.
During the year, the protection visa resource agreement enabled the Department to allocate resources to determine 11 341 applications.
The capacity to match resources to applications enabled quicker decisions to be delivered to applicants reducing the trauma on genuine refugees and the incentive for non-bona fide applicants to lodge applications.
The number of applications on hand has been reduced to a historically low 2 889 at June 1998, compared with 5 672 the previous year.
In addition, legislative changes were made to restrict work rights to those who had been in the country for less than 45 days on lodgement, and to introduce a $1000 fee for applicants found not to engage Australia's protection obligations after review by the RRT.
These mechanisms reduce the incentive for non-bona fide applicants who apply for protection, primarily to extend their stay in Australia and access work rights and Medicare, and have contributed to a decrease in the number of applications.
There was a 28 per cent drop in applications in 1997–98 (8 058 applications) compared with 11 135 in 1996–97.
An average of 671 applications per month were received in 1997–98, dropping to a three year low point of 537 applications in November 1997.
In 1997–98, the three countries (Afghanistan, Kuwait and Iraq) with the highest approval rates at primary (77 per cent, 64 per cent and 52 per cent respectively), accounted for 3.3 per cent (269) of all applications lodged.
In 1996–97 the three countries (Iraq, Somalia and Iran) with the highest approval rates at primary (71 per cent, 66 per cent and 59 per cent), accounted for 4.5 per cent (500) of all applications lodged.
Applicants from the Philippines, Indonesia and the People's Republic of China continued to represent a significant, although declining, proportion of all protection visa applications, with 41 per cent in 1997–98 compared with 45 per cent in 1996–97.
The approval rate at primary for applicants from these countries is very low, with 0.0 per cent, 0.2 per cent and 1.3 per cent respectively, being approved.
The Department forecast a productivity increase of 15 per cent over the anticipated 1996–97 levels in the 1997–98 Portfolio Budget Statement, and subsequently undertook to deliver a further 15 per cent increase during 1997–98.
The full increase in productivity was achieved by the end of the 1996–97 program year.
The productivity level has been maintained and consolidated in 1997–98, while fairness and informality of decision making have been maintained.
Processing priority was given to applications from people in detention, victims of torture and trauma, recipients of ASA and to new applications.
During 1997–98:
- 60 per cent of detention cases were finalised within the target of six weeks, compared with 30 per cent in 1996–97;
- 33 per cent of applications from people who have suffered torture and trauma were finalised within the three month target, compared with 2.5 per cent in 1996–97;
- 74 per cent of applications from people in receipt of ASA were finalised within three months of obtaining ASA eligibility, compared with 61 per cent in 1996–97; and
- 57 per cent of determinations were processed within three months of the application lodgement, compared with 25 per cent in 1996–97.