Rajesh’s journey: Refugee status determination process

Help RIGHT human wrongs 

People seeking asylum in Australia are being failed by our broken asylum system.

Those who came here seeking our protection are instead being punished by our Government and denied access to justice thanks to unfair laws that are intentionally complex and inconsistent and designed so people’s cases for protection fail. Right now, thousands of people seeking safety and freedom in Australia are still stuck in limbo while their cases for protection are being assessed with many  waiting more than six years for a decision.

The ASRC’s Human Rights Law Program (HRLP) provides support and legal assistance  to help people navigate the long and arduous asylum process, providing critical legal support across every stage of the Refugee Status Determination Process (RSD). With the help of a good lawyer, people have a fighting chance that their asylum claim will be approved and justice upheld. Without a lawyer on their side, people’s cases are likely to fail and they will be sent back to danger.

For many people who arrived by boat, like Rajesh, the asylum process is particularly complex and unfair.

The ASRC’s legal team are fighting for people like  Rajesh to have their right to seek safety upheld, giving them access to the justice they deserve.

Arriving by boat six years ago, as a traumatized 15 year old, Rajesh found himself in a situation where he was scared and utterly alone, with no support to help him navigate the unfair asylum process. In his time of need, lawyers from the ASRC’s Human Rights Law Program were there to support Rajesh and help him complete his application and lodge his claim for safety.

With the help of our lawyers, Rajesh was successfully granted a temporary protection visa.

But the fight for Rajesh is not over. 

The Temporary Protection Visa (TPV) that Rajesh has been granted will only allow him 3 years of protection before he has to re-apply for another protection visa.

This is what the process will look like for Rajesh…

From Bridging Visa to Temporary Protection Visa 
Through the help of the ASRC, Rajesh was granted a Bridging Visa and released from detention.
Waiting in limbo to apply for protection, the ASRC then assisted him to lodge his application for a Temporary Protection Visa (TPV). Because Rajesh arrived by boat, he is only afforded temporary protection. Rajesh was successful and granted three years of protection.

Review of Temporary Protection Visa 
Three years later, Rajesh had to apply for another Temporary Protection Visa to guarantee his safety here. But this visa will only keep him safe for a further three years if successful. During the review stage, Rajesh had to revisit the trauma of his past to prove that he was still deserving of our protection.

Successful Application
If Rajesh’s application for protection is successful, he will live in the community for a further three years, in a state of limbo, as he’ll need to reapply for another Temporary Protection Visa in three years.

Rejected Application
Rajesh’s claims can be rejected without being afforded the decency of an interview or hearing, even though he has been found to be a refugee previously. He would then go through the same unfair review process. The only thing keeping Rajesh from being deported back to his home country would be a lengthy and difficult court action.

Our lawyers are the last line of defence for already vulnerable people like Rajesh, helping to:

• prevent unfair visa cancellations
• protect families and children from deportation
• uphold justice and protect people’s basic human rights to safety and survival

Donate today and give people like Rajesh a fighting chance to live safely in Australia.