Christmas Island (May 2010)

Migration Act & Regulations Christmas Island part of ‘excised ’ migration zone Arrivals to Christmas Island – ‘offshore entry persons’ Offshore entry person (OEP) – cannot apply for any visa Minister Immigration may permit OEP to apply for Visa Asylum-seeker requests to be permitted to apply for a

Protection Visa DIAC assessment & recommendation to the Minister Non-Statutory process If DIAC find person to be a refugee:

◦ Recommends to Minister to allow person to apply for Protection Visa (which is usually granted)

◦ Resettled to Mainland

DIAC assesses if asylum-seeker is a refugee; If DIAC decides not a refugee:

◦ ‘Right’ of review – Independent Merits Review (IMR) to Independent Review Panel (IMP)

IMR also non-statutory regime IMP – makes recommendations only (non-binding) Negative IMR decision => DIAC looks at any further

information to prevent removal eg under CAT, ICCPR If DIAC decides can be removed =>removal

Asylum Seekers in Detention Centre Allocated Migration Agent (IAAAS provider) Task Force:

◦ Between 5 – 10 Lawyer/Migration Agents◦ Over 2 weeks:

Interview and prepare refugee applications for 2-3 clients per day for several days in the Detention Centre

Attend DIAC Interviews with clients for several days

Isolation; Obtaining instructions & general access to

clients/lawyers; Detainees’ mental and overall health; Lack of statutory rights; Lack of proper appeal process; Difference in treatment/processing

according to nationalities etc