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Asylum law refers to the process by which individuals fleeing persecution or serious harm in their home countries seek international protection in another country, Australia in this case. In Hobart, Australia, individuals seeking asylum are referred to as 'asylum seekers'. They are entitled to apply for a Protection visa (subclass 866) if they arrived legally in Australia. This will grant them the right to stay in Hobart for various reasons, such as political, racial, or religious persecution in their home country.
Given the complexity of the Asylum application process as well as the potential severity of the consequences of an unsuccessful application, having a lawyer to assist you can be beneficial. They can help prepare and submit your initial application, represent you in interviews, and navigate any appeals. If you're faced with removal proceedings or difficulties around detention, a lawyer's advice can be critical.
Australia is a signatory to the 1951 Refugee Convention and 1967 Protocol, meaning it has a legal obligation to protect refugees. Locally, the Migration Act 1958 and the Australian Migration Regulations 1994 prescribe the legal framework for asylum seekers. They outline asylee rights, detention policies, and the process for applying for a Protection visa. It's important to acknowledge that seeking asylum is a human right and is not illegal.
Any person who is in Australia can apply for asylum if they meet the criteria defined in the Refugee Convention, mainly: they are outside their country of origin, have a fear of persecution due to various reasons, and can't return due to this fear.
Yes, legal aid is provided through the Immigration Advice and Application Assistance Scheme (IAAAS) for eligible individuals.
It is advisable to apply for asylum as soon as possible after arrival. However, there is no set time limit to apply.
Not necessarily. Detention is used in cases where the identity, health or security checks are yet to be completed. Many asylum seekers live in the community while their claim is being processed.
You have the right to appeal the decision within a specific timeframe. Legal advice is crucial during the appeal process to ensure the best chances of a positive outcome.
Australia's Department of Home Affairs offers detailed information about asylum procedures. Also, several NGOs, such as the Refugee Council of Australia and Tasmania's legal aid commission, offer legal help and resources.
If you're seeking asylum in Hobart, start by contacting a lawyer or legal aid organisation to guide you through the process. Ensure your lawyer has experience in asylum law. Keep all documentation safe and be prepared to provide detailed and truthful information about your situation.
