Australia’s laws and policies in relation to refugees are highly political and are constantly changing. Australia has placed particular focus on people without a valid visa who arrive in Australia by boat seeking asylum. These people are more commonly referred to as ‘boat people’ or ‘illegal immigrants’. The Australian Government’s goal is to reduce the number of ‘boat people’ by deterring them from embarking on the journey to Australia. This issue is the main source of the constant change in refugee laws and policies.

Australia has different visas for asylum seekers who apply for refugee status offshore (outside Australia) and those who apply for a visa onshore (in Australia). Rules also vary for asylum seekers who obtain a valid visa before arriving in Australia and those who come without a valid visa. Refugee and humanitarian visa types include:

• protection visas;
• refugee visas;
• in-country or global special humanitarian programmes visas;
• emergency rescue visas; and
• women at risk visas.

Australia has made some recent changes to refugee law.  Key changes include the introduction of two types of visas for refugees, the Temporary Protection Visa and the Safe Haven Enterprise Visa . Other changes include a ‘fast track’ assessment system for certain asylum seekers who arrived by boat on or after 13 August 2012 and before 1 January 2014. Under this system some asylum seekers will have very limited options if they wish to review a decision made by the government. In addition the government has clarified that if an asylum seeker who arrived by boat gives birth in Australia the child will be treated the same way as its parents for visa purposes.

Refugee law is a complex area and it helps to have the assistance of a lawyer. There are many community legal centres that can give you free advice and assistance in applying for a visa or appealing a decision made about your visa. You can visit our Community Legal Centre topic for more information. Legal Aid may also be able to assist you. You can find out more in our topic on Legal Aid. You can also visit the following link for details of other organisations in each state and territory that can provide free assistance: http://www.refugeecouncil.org.au/r/dir-as.php.

If you have entered Australia on a refugee or humanitarian visa and have been in Australia for 4 years you may be eligible to apply for citizenship. You have to be considered by the government to be ‘of good character’ which in practice means that you have not been convicted of a serious criminal offence. If you are granted Australian citizenship you will be considered an ‘Australian’ for all relevant purposes.

If you have entered Australia as a migrant with permanent residency or you are the spouse of an Australian citizen you will have to satisfy the general eligibility criteria. This requires you to have lived in Australia for 4 years as a permanent resident, satisfy the residency requirement and be of good character. There are different requirements for New Zealand citizens depending on when they arrived in Australia. There are also different requirements for children of a former Australian, people who were born overseas to an Australian citizen and children who were adopted by an Australian. Please visit our Immigration topic for more information.

This Legal Guide on refugees and citizenship provides readers with information about the definition of a refugee, the different types of refugee visas that can be obtained and applications for citizenship. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

Please select from our Articles, FAQ and Questions & Answers sections all written by experienced lawyers. Our Glossary helps explain the meaning of any words you are unsure about. You can also Ask a Lawyer a question yourself. It is free and anonymous.

Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.