Country Profiles

AUSTRALIA | CANADA | NEW ZEALAND | UNITED KINGDOM | UNITED STATES

AUSTRALIA

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REFUGEE DETERMINATION
Australia’s Department of Immigration and Border Protection handles asylum claims in the country. In 2011, the Protection Obligations Determination process replaced the existing Refugee Status Determination process used for irregular maritime arrivals, in response to the High Court’s 2010 decision that all irregular maritime arrivals are able to seek judicial review of a negative assessment of their claims for refugee status.

RESETTLEMENT
The Australian Government has both offshore and onshore components of its Refugee and Humanitarian Program. In 2013-2014, the Humanitarian Programme granted 13,768 refugee visas, including 11,016 offshore and 2,752 onshore visas, which shows a significant decrease from previous years (ex. 20,000 in 2012-2013).

The offshore resettlement component comprises two categories of permanent visas:
1. The Refugee category, which includes the Refugee, In-country Special Humanitarian, Emergency Rescue and Woman at Risk visa subclasses; and
2. The Special Humanitarian Program (SHP) category for people who, while not categorized as refugees, are subject to substantial human rights discrimination and be proposed for entry by an Australian citizen, permanent resident, eligible New Zealand citizen, or an organisation operating in Australia.

ASYLUM PROCESSES
According to the Refugee Council of Australia, the majority of refugees granted asylum in Australia seek refuge in neighbouring countries before applying for refugee status (2008).

‘NO WAY’ government campaign posters.

DETENTION PRACTICES
As of October 2014, there were 3,084 people in immigration detention facilities, including 2,287 in immigration detention on the mainland and 797 in immigration detention on Christmas Island. A further 2,151 asylum-seekers are in Offshore Processing Centres in Nauru and Manus, Papua New Guinea.

Further updated Government statistics on immigration detention available here.

The Refugee Council of Australia (RCOA) is the national umbrella body for refugees and the organisations and individuals who support them. It has more than 200 organisational and 900 individual members.

NATIONAL LEGISLATION ON REFUGEES AND ASYLUM-SEEKERS
Migration Act 1958
Migration Regulations 1994

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CANADA

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REFUGEE DETERMINATION
Refugee claims are referred to the Immigration and Refugee Board (IRB), an independent administrative tribunal. In December 2012, Canada’s refugee determination system underwent important changes, where claimants must now comply with faster timelines for providing basic information and for appearing at the hearing on their claim. Generally, claimants have 15 days to complete the Basis of Claim (BOC) form and, for regular claimants, the hearing is scheduled within 60 days of making the claim (more information here). The designated countries of origin (DCOs) list also came into effect in 2012, noting 35 countries that Canada has deemed to be safe countries for refugees and claimants from these countries are subjected to expedited refugee hearing processes.

RESETTLEMENT
Those claiming refugee status outside of Canada can be resettled through Government Assisted Refugee Program or the Private Sponsorship of Refugees Program. According to Citizenship and Immigration Canada, 12,186 privately-sponsored and government-assisted refugees were resettled in Canada in 2013.

ASYLUM PROCESSES
According to UNHCR, Canada had 22,148 asylum seekers in 2013. A 2013 study by the Harvard Immigration Law Clinic ‘Bordering on Failure’ shows Canada and the U.S. are failing to meet their obligations to asylum-seekers under international and domestic laws, making it more difficult and risky for persons to claim asylum in either country.

DETENTION PRACTICES
According to the Global Detention Project, many of Canada’s detention practices compare unfavourably to those of other key destination countries. Canada has three dedicated immigration holding facilities, and makes widespread use of criminal correctional facilities to hold immigration detainees. With the exception of the Canadian Red Cross, non-governmental organisations in Canada have limited or no access to detention facilities.

The Canadian Council for Refugees (CCR) is the national non-profit umbrella organization committed to the rights and protection of refugees and other vulnerable migrants in Canada and around the world and to the settlement of refugees and immigrants in Canada.

NATIONAL LEGISLATION ON REFUGEES AND ASYLUM-SEEKERS
Immigrant and Refugee Protection Act (IRPA), Updated 2012
Bill C-31: 2012 Amendments to IRPA on Refugee Determination Processes (See CCR Refugee Reforms for details)

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NEW ZEALAND

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REFUGEE DETERMINATION
The Immigration New Zealand office that decides claims to refugee status and to protection is the Refugee Status Branch. According to statistics from Immigration New Zealand, it generally takes 3-5 months for a refugee claim to be processed and for a decision to be made.

RESETTLEMENT
According to Immigration New Zealand, the country has a formal Refugee Quota Programme of 750 places, which resettled 1951 Convention refugees. Additionally, New Zealand accepts up to 300 people under the Refugee Family Support Category. The Refugee Quota Programme is said to remain at 750 annually (plus or minus 10 per cent) until 2015-2016.

ASYLUM APPLICANTS
According to Amnesty International, an average of 300 claims for asylum are made in New Zealand each year.

DETENTION PRACTICES
According to UNHCR, New Zealand received 320 asylum applications in 2012, compared to 15,790 in Australia. Since 2007, the approval rate for refugee claimants to New Zealand has remained between 25 and 30 percent.

Refugee Council of New Zealand is the national umbrella organization liaising with member organizations and the Government of New Zealand to provide advice, information and assistance to asylum-seekers and refugees and to ensure that all aspects of New Zealand’s asylum and refugee policy and practice respect international law and the human rights of asylum-seekers and refugees.

NATIONAL LEGISLATION ON REFUGEES AND ASYLUM-SEEKERS
Immigration Act 1992 (and Factsheet on Refugees specifically)

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UNITED KINGDOM

IBUK
RCUK

REFUGEE DETERMINATION
The UK Home Office processes asylum claims in the country, with wait times around 6 months. There have been some critiques that the UK has increasingly introduced policies aimed at preventing and deterring asylum seekers from entering Britain, reduced benefits given claimants, and increased the detention and deportation of unsuccessful asylum seekers.

RESETTLEMENT
The UK has two programs for the resettlement of refugees: the Gateway Protection Programme and the Mandate Refugee Programme, with the former resettling up to 750 Convention refugees each year.

ASYLUM PROCESSES
According to the Refugee Council UK, the number of applications for asylum in the UK in 2013, excluding dependants, was 23,507, with approximately 90 percent of those being in-land claims.

DETENTION PRACTICES
In the past decade, the United Kingdom has significantly expanded its use of detention in response to migration, with 15 detention facilities, including 11 long-term immigration detention centres. According to the Global Detention Project, in 2010, there were 17,790 asylum-seekers in detention in the UK. Despite the UK Government announcement in May 2010 on their intention end the detention of children, children are still being detained (Refugee Council UK).

The Refugee Council UK also provide briefings to parliamentarians on the issues affecting refugee and asylum seekers.

NATIONAL LEGISLATION ON REFUGEES AND ASYLUM-SEEKERS
Immigration, Asylum and Nationality Act 2006

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UNITED STATES

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REFUGEE DETERMINATION
You must receive a referral to the U.S. Refugee Admissions Program (USRAP) for consideration as a refugee. Eligibility for refugee status is determined on a case-by-case basis through an interview with the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS).

RESETTLEMENT
In 2013, the State Government reported a Refugee Admissions ceiling of 70,000, with typical yearly refugee resettlement ceilings, as determined by consultations between U.S. Administration and Congress, between 70-80,000 persons.

There are 9 U.S. Refugee Resettlement Agencies help newly arrived refugees settle into local communities. These organizations include: Church World Service, Ethiopian Community Development Council, Episcopal Migration Ministries, Hebrew Immigrant Aid Society, International Rescue Committee, Lutheran Immigration and Refugee Service, U.S. Committee for Refugees and Immigrants, United States Conference of Catholic Bishops’ Migration and Refugee Services, and World Relief.

ASYLUM PROCESSES
Asylum applications must be made within one year of arrival to the United States, and according to the USCIS, asylum applications should be processed with 180 days.

DETENTION PRACTICES
According to the Refugee Council USA, more than 400,000 immigrants are detained in the U.S. each year, including thousands of refugees, asylum seekers, and survivors of torture or human trafficking. The Detention Watch Network’s map of immigration detention centres highlights the locations of these centres.

Refugee Council USA (RCUSA) is a coalition of U.S. non-governmental organizations focused on refugee protection. This visual may also be helpful in understanding the refugee and asylum-seeking processes in the U.S.

NATIONAL LEGISLATION ON REFUGEES AND ASYLUM-SEEKERS
Immigration and Nationality Act (INA) – Updated 2013

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