6 actions for people seeking asylum (English) June 2015

What can I do while I wait for the Minister to allow me to apply for asylum?

Are you a person seeking asylum who arrived by boat and have not yet applied for asylum? If the answer is yes, here are 6 things you can do now while you wait for the Minister to allow you to apply.

1. Ensure you keep your contact detail up to date (address and phone number)

  • Call 1300 728 662
  • Or complete Form 929, available here

2. Submit a Freedom of Information application requesting a copy of your file

  • Complete Form 424A, available here
  • It is free and can be posted or emailed
  • You must attach a certified copy of your identification to the form (e.g. your ImmiCard)
  • Ask for:
  1. The Protection File Note relating to you, or any decisions made in relation to screening-in or screeningout
  2. The records (both written and digital or audio) of all interviews, including your screening interview(s), entry interview(s) and biodata interview(s)
  3. The detention notice served on you
  • It can take at least one month to receive your documents

3. Prepare a draft Protection Visa application form

  • Complete a draft Protection visa application form. Remember, you must wait to be invited to apply for protection. If you apply before receiving your invitation there may be serious consequences to your case
  • To apply for a Temporary Protection visa, complete Form 866, available here
  • To apply for a Safe Haven Enterprise visa, complete Form 790, available here
  • It is important not to guess any information. If you don’t know the answer, write ‘I don’t know’
  • We highly recommend you obtain migration advice before submitting your application form

4. Prepare a draft ‘statement of claims’

  • A ‘statement of claims’ is a written copy of your story and the reasons you can’t go home
  • RACS has useful factsheets available here
  • We recommend you obtain migration advice before submitting your statement of claims

5. Collect any documents that support your story

  • Collect documents that support your story including where possible, identity documents
  • This might include: Letters, Photographs, Medicare cards
    •  Letters
    •  Photographs
    •  Membership cards
    •  Medical or counselling reports
    •  News articles about events that relate to your story
  • If the documents are not in English they will need to be translated
  • Two translations services are VITS: http://www.vits.com.au/ and All Graduates: http://www.allgraduates.com.au/
  • We recommend you obtain migration advice before submitting your supporting documents

6. Consider finding a lawyer to assist you

  • Government funded legal assistance will only be available for a small number of people seeking asylum and all unaccompanied minors

This document contains general information only and not legal or migration advice. We recommend you obtain advice from a registered migration agent about the matters in this information sheet if they relate to you. For information about registered agents please visit www.mara.gov.au

For information about seeking asylum in Australia, go to http://asylumexplained.asrc.org.au/