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Contrary to popular belief, Cairns, Australia is bound by the same asylum law as the rest of Australia. Australia is a signatory to the 1951 Refugee Convention and 1967 Protocol, which means the country has an international obligation to protect refugees and asylum seekers. The asylum law seeks to provide protection to individuals who are unwilling or unable to return to their home country due to a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group or political opinion.
Applying for asylum can be a complex and challenging process. It involves preparing and submitting an application, attending immigration interviews, gathering evidence, and navigating intricate legal requirements. A lawyer can provide support, representation and advice throughout this process. Additionally, if your application is rejected, a lawyer can help you appeal the decision and represent you at the Refugee Review Tribunal.
As earlier mentioned, Cairns follows Australia's federal laws on asylum and refugees. Once an asylum seeker arrives on Australian soil, they can apply for a protection visa. If they meet the Refugee Convention’s definition of a refugee, they'll be granted a visa. It's illegal to expel an individual to a place where their life is at risk. Also, it's important to note that Australia operates a policy of mandatory detention for all unlawful non-citizens, including asylum seekers.
Any individual who is unable or unwilling to return to their home country due to a well-founded fear of persecution due to various grounds can apply for asylum.
The ability to work depends on the type of visa you hold while your asylum application is being processed. Some visas do allow work rights while some do not.
If your application is rejected, you have the right to appeal the decision at the Refugee Review Tribunal. An immigration lawyer can assist you in this process.
Yes, if you are granted a protection visa, you can propose immediate family members for entry to Australia through the refugee and humanitarian program.
The length of the application process can vary greatly. It can take anywhere from a few months to a few years.
The Department of Home Affairs is the main governmental body responsible for implementing Australia’s immigration laws. For further information, you can refer to their website and publications. Asylum seeker resource centres and community legal centres may also offer support and advice.
If you need legal assistance, consider contacting a lawyer who specializes in asylum and immigration law. They can provide advice tailored to your personal situation and help you navigate the asylum application process.
