Fact Sheet 62 - Assistance for Asylum Seekers in Australia

Who is an asylum seeker?

'An asylum seeker is an individual who is seeking international protection.  In countries with individualized procedures, an asylum seeker is someone whose claim has not yet been finally decided on by the country in which he or she submitted it.  Not every asylum seeker will ultimately be recognised as a refugee, but every refugee is initially an asylum seeker.'
(United Nations High Commission for Refugees, Master Glossary of Terms, June 2006)

In the Australian context, this means an asylum seeker is a Protection visa (PV) applicant until his or her application has been finally determined by the Department of Immigration and Citizenship ('the department') or the Refugee Review Tribunal (RRT).
See: Fact Sheet 61 - Seeking Asylum within Australia

Assistance for asylum seekers

The Australian Government provides assistance for some asylum seekers during the period in which their applications for protection are processed. This can include:

• financial assistance for food, accommodation and basic health care
• professional assistance in preparing a Protection visa application
• work rights, and
• temporary eligibility for Medicare.

Financial assistance (ASA)

Payment of a limited income support is available to some PV applicants living in the community. Recipients must be at certain stages of their visa processing (see eligibility criteria, below), and/or meet exemption criteria (see below). They must meet financial criteria and are continuously means tested. This support is provided by the Commonwealth Government and is the Asylum Seeker Assistance (ASA) Scheme. The ASA Scheme is administered by the Australian Red Cross under contract to the Department. The ASA Scheme also assists with costs of some assessments necessary for visa purposes.

To obtain ASA, applicants should go to the Australian Red Cross in their nearest State or Territory capital city.

In 2007-08, the Scheme assisted 1867 clients at a cost of $4.79 million.

Eligibility criteria

To be eligible for ASA, asylum seekers must be in financial hardship and:

• have lodged a valid PV application for more than six months but ASA may be granted earlier where exemption criteria (see below) is met
• not be in detention
• must hold a bridging or other visa
• not be eligible for either Commonwealth or overseas government income support, and
• not be a spouse, de facto or sponsored fiance(e) of a permanent resident.

Exemption criteria

Exemptions to the above criteria may be available to some applicants including:

• unaccompanied minors, elderly persons or families with children under 18 years  
• persons unable to work as a result of a disability, illness or the effects of torture and/or trauma.

ASA payments cease upon grant of a PV or 28 days after notification that PV applications have been refused by the Department, but some unsuccessful PV applicants who seek review at the RRT may be eligible for ASA if they meet the exemption criteria (see above). ASA payments cease when the RRT makes a decision on the application.

Health care assistance and counselling

ASA recipients who do not have access to Medicare can receive assistance with health care costs. ASA recipients can also be referred to counselling services.

Professional PV application advice and assistance

Visa application advice and assistance is available to all asylum seekers in immigration detention and to the most disadvantaged visa applicants living in the community. This government service is the Immigration Advice and Application Assistance Scheme (IAAAS)
See: Fact Sheet 63 - Immigration Advice and Application Assistance Scheme

Work rights

With the exception of people detained as unauthorised arrivals, PV applicants are granted a bridging visa, which allows them to remain lawfully in the community until their applications are finalised.

A bridging visa may have work rights attached depending on individual circumstances.

If PV applicants hold a valid visa (for example, either a visitor visa or student visa) when they make the PV application, they must abide by either the work rights or restrictions attached to that visa until it has expired.

No work rights are available to people who have been in Australia for 45 days or more in the 12 months before their PV application is made. They can only be granted a bridging visa with a NO WORK condition attached. This means they are not permitted to work.  Work rights are only available to people affected by the 45 day rule if:

• they hold a Bridging visa A, a primary decision on their PV application has not been made by the department within six months, and they can demonstrate a compelling need to work, or
• they are a member of a class of persons specified by Gazette Notice.

Medicare Eligibility

To be eligible for Medicare, the Australian Government's health insurance scheme, asylum seekers must:

• have an unfinalised application for a permanent visa, and
• hold a valid visa with work rights in force.

Some asylum seekers without work rights may qualify for Medicare if they are the spouse, child or parent of an Australian citizen or permanent resident.
Persons who apply for a PV are not eligible for Medicare if they have ever applied (onshore or offshore) for a parent visa (irrespective of whether their application is on-hand, finally determined or withdrawn). Further information on Medicare eligibility can be obtained from Medicare offices.

 

Further information is available on the department's web site.
See: www.immi.gov.au

The department also operates a national telephone service inquiry line.
Telephone: 131 881
Hours of operation: Monday to Friday from 9am to 4pm (recorded information available outside these hours) for the cost of a local call anywhere in Australia.

Fact Sheet 62. Produced by the National Communications Branch, Department of Immigration and Citizenship, Canberra.
Revised 17 November 2008.

© Commonwealth of Australia 2008.