Refused by the Refugee Review Tribunal. What are your options?

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1 Refugee Advice and Casework Service A. Level 12, Phillip Street Sydney NSW 2000 P. [02] F. [02] E. W. Refused by the Refugee Review Tribunal. What are your options? UNHCR/S.Phelps

2 What happens to your Bridging visa after the negative RRT decision? Your Bridging visa will expire 28 days after you are notified of the RRT decision. Before your Bridging visa expires, you MUST go to the Department of Immigration and Citizenship (DIAC) to apply for a new Bridging visa, unless you decide to leave Australia before then. You MUST apply for a Bridging visa even if you apply for judicial review or request Ministerial intervention. If you don t, you will become unlawful and will be at risk of being detained. If you make more than one request for Ministerial intervention, you will not necessarily be granted a Bridging visa. please note IMPORTANT TIME LIMITS Bridging visa expires 28 days after the RRT decision You have 35 days to apply for a judicial review after RRT decision 2 Refused by the Refugee Review Tribunal? What are your options?

3 Can you apply for other visas? If you have been refused a Protection visa, you are not allowed to apply for most visas in Australia. However, there may be some visas that you can apply for in Australia, including a Partner visa. There might be other visas that you can apply for from outside Australia. Sometimes it might be better to think about leaving Australia to apply for a visa from overseas, rather than pursuing options in Australia that will be unsuccessful and just delay your inevitable departure. For legal advice on other visa options, you can contact the Immigration Advice and Rights Centre on (02) Can you apply for judicial review? If the RRT has refused your application, you can apply to the Federal Magistrates Court to review their decision. This is called judicial review. The Court will look at whether the law was properly applied when the RRT made its decision and/or whether the RRT properly followed legal procedures in conducting the review of your matter. If the Court decides that the RRT made a legal error, the Court can order the RRT to reconsider your case. The Court does not have the power to decide whether you are owed protection by Australia. Even if you win the court action, you will not necessarily be granted a Protection visa. 3

4 Can you apply for judicial review? (cont.) COURT COSTS If you are unsuccessful at the court, you may be required to pay significant costs, including the costs of the Government s lawyers. TIME LIMIT There is a time limit for applying to the Federal Circuit Court which is generally 35 days from the date of the RRT decision. However, in special circumstances, the Court may grant an extension of time. You should seek legal advice before applying to the Federal Circuit Court. You can contact Legal Aid NSW on (02) Can you request the Minister for Immigration to intervene in your case? The Minister for Immigration has special powers to grant a visa to a person who has been refused by the RRT (section 417) or to allow a person to lodge another Protection visa application (section 48B). These powers are discretionary - meaning that the Minister does not have to consider your case. Only a small number of cases are successful each year. You should consider all your other options before requesting the Minister to intervene. *See the RACS Factsheet How to prepare a letter of request seeking Ministerial intervention. 4 Refused by the Refugee Review Tribunal? What are your options?

5 Leaving Australia If you do not take any further action on your case, in most cases, you must leave Australia within 28 days after you are notified of the RRT decision. If you need more time to make arrangements to leave Australia, you should contact the compliance section in DIAC. See the website for details If you don t have a valid Bridging visa and you stay in Australia, you will be at risk of being detained and removed. Further Information Further information For further information, you can contact the RACS Telephone Advice service on between 10:00 and 12:00 on Tuesday and Thursday for free telephone advice or to see if you need an appointment or for a referral to another service. This brochure is available in: Arabic, Chinese (simplified), Dari/Farsi, Tamil Turkish, Urdu For more information, visit call RACS on (02) or admin@racs.org.au. Disclaimer This fact sheet is general. It does not constitute, and should be not relied on as, legal advice. Refugee Advice and Casework Service recommends seeking advice from a qualified lawyer on the legal issues affecting you before acting on any legal matter. Refugee Advice and Casework Service is the author of this publication and accepts responsibility for the information. This factsheet applies to people who live in, or are affected by, the law as it applies in Australia. The information in this fact sheet is current at 1 November 2012 This publication has been produced with the financial assistance of the Law and Justice Foundation of NSW. The Foundation seeks to advance the fairness and equity of the justice system and to improve access to justice, especially for socially and economically disadvantaged people. lawfoundation.net.au This publication is copyright. It may be reproduced in part or whole for educational purposes as long as proper credit is given to the Refugee Advice and Casework Service and its contributors. Disclaimer:any opinions expressed in this publication are those of the authors and do not necessarily reflect the views of the Law and Justice Foundation s Board of Governors. Refugee Advice and Casework Service 5

6 @RACSaustralia