What are the Commissions views about the refugee status determination process in Australia?
Asylum seekers who arrive on the Australian mainland (or in any non-excised part of Australia) and apply for protection are assessed through the refugee status determination system that applies under the Migration Act. Under this system, the Department of Immigration and Citizenship (DIAC) makes a primary assessment as to whether an applicant meets the criteria for refugee status. If an asylum seeker is assessed by DIAC as not being a refugee and is therefore denied a protection visa, they can apply to have the merits of the DIAC decision reviewed by the Refugee Review Tribunal (RRT), an independent federal statutory body. If the RRT upholds DIAC’s decision, in limited circumstances an asylum seeker can appeal to the Federal Court. Asylum seekers can also appeal directly to the Minister for Immigration. However, the Minister’s powers to grant a visa are discretionary and non-compellable. The Commission raised concerns about Australia’s refugee status determination system, as it applies
