The Refugee Council of Australia (RCOA) is undertaking a review of Australia's response to refugees using the newly developed Refugee Response Index (RRI) methodology. The RRI is a tool designed to assess and monitor countries’ response to refugees and asylum seekers. As a global assessment and monitoring tool, the RRI constitutes a baseline of country performance information inspired by the adoption and implementation of the Global Compact on Refugees. Australia is one of a number of countries currently conducting a review using the RRI tool. 
 
Legal services

The RRI analytical framework is comprised of 6 pillars. The 23 questions in this survey are to gather expert opinion and evidence regarding legal services delivered to asylum seekers and refugees. All questions are asking you to assess Australia's response in 2021 by scoring (from 5 to 1) policies and practices regarding legal matters. 
 
Since this is a global index and is intended to be applied to a very broad range of country contexts, you may find that some questions are not perfectly tailored to the Australian context. In that sense, you can set a score that reflects the situation in Australia as best you can. If you do not think a question can be answered at all, you can select the option ‘not applicable in the Australian context'. In the text box of each question you can explain why you provide a specific score, or why this indicator cannot be applied in Australia, also please provide any evidence that supports your assessment of the indicator. 

Questions and contact details

If you would like to know more about how RCOA is gathering evidence and coordinating the RRI Australia review, contact Dr Louise Olliff, Senior Policy Advisor (louise.olliff@refugeecouncil.org.au).
 
For questions about this survey or if you would prefer to provide input by participating in an interview or focussed group discussion, contact Jenn Watson, Policy and Research Assistant (jenn.watson@volunteer.refugeecouncil.org.au). 
 
Evidence gathered from this survey will feed into the RRI Australia assessment and final report. At the end of this survey, you will be given the option to be named as an expert in the final report.
 

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* 1. Are international and other refugee definitions including at the regional level reflected in domestic legislation?

For example, the 1969 Organisation of African Unity (OAU) Convention Governing the Specific Aspects of Refugee Problems in Africa and the 1984 Cartagena Declaration on Refugees.

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* 2. In the country, do administrative and judicial decisions on asylum cases reference interpretations of the 1951 Refugee Convention found in the UNHCR Handbook on Procedures and Criteria for Determining Refugee Status and related UNHCR Guidelines?

See, for example, Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees

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* 3. Do refugee status determination first instance and appeal decisions apply legal reasoning from the judgments of international human rights bodies and/or regional courts or tribunals?

For example, international human rights treaty bodies, International Court of Justice, European Court of Human Rights, Inter-American Court of Human Rights, African Court on Human and Peoples’ Rights.

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* 4. Is there legislation in place to grant complementary protection or other human rights-based or humanitarian status?

This indicator assesses granting asylum beyond or in lieu of the refugee definition. Evaluate whether this is available in Australia
.

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* 5. In practice are complementary protection or other human rights-based or humanitarian status categories adequately applied?

See ExCom Conclusion No. 103 (LVI) - 2005 on the Provision on International Protection Including Through Complementary Forms of Protection.

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* 6. Do procedures regarding “manifestly unfounded” or abusive applications for protection incorporate all relevant safeguards and guarantees including an individual interview?

Manifestly unfounded applications should be processed under normal, non-accelerated procedures (UNHCR Procedural Standards, Section 4.6.4).

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* 7. Are there established administrative and/or judicial institutions to conduct RSD and the granting of subsidiary, humanitarian or temporary protection?

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* 8. Are interviews and treatment of applicants during RSD processes in line with UNHCR Guidelines and procedural standards?

The 1951 Refugee Convention does not indicate or prescribe what type of procedures are to be adopted for the determination of refugee status. It is therefore left to each Contracting State to establish the procedure that it considers most appropriate, having regard to its particular constitutional and administrative structure. See UNHCR Procedural Standards, Section 4.3.

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* 9. Do asylum seekers have access to legal assistance during RSD procedures?

UNHCR Guidelines Chapter 2.7 note that refugees have “the right to engage the services of qualified legal representatives at their own cost or on a pro bono basis, where such services are available

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* 10. Do asylum seekers have access to an interpreter during RSD procedures?

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* 11. Are asylum seekers able to access information on the asylum determination process and their rights in a language they understand?

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* 12. Are application of the exclusion clauses subject to fair procedures, such as not automatically requiring expulsion of the asylum seeker from the country of asylum?

See Article 1(F), provisions of the 1951 Refugee Convention.

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* 13. Can asylum claims and/or applications to remain be exceptionally considered for asylum seekers and refugees who are eligible to be returned to safe third countries; e.g. where they may receive less protection?

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* 14. Is the prohibition of collective expulsion respected with regard to failed asylum applicants?

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* 15. Are the specific circumstances and characteristics of cross-cutting groups considered when interpreting the refugee definition?

For example, special consideration for unaccompanied minors, gender-based violence acknowledged as a form of persecution which can lead to the grant of refugee status. Refer to 2009 UNHCR Guidelines on International Protection No. 8 Child Asylum Claims under Articles 1(A)2 and 1(F) of the 1951 Convention and/or 1967 Protocol Relating to the Status of Refugee.  and 2021 UNHCR Guidelines on assessing and determining the best interests of the child. 

  5. Yes, there are specific measures/ guarantees. 4. There are specific measures/ guarantees in place that are applied most of the time. 3. Specific measures/ guarantees exist but are not consistently applied.  2. There are some specific measures/ guarantees but they are only applied occasionally.  1. No specific measures or guarantees exist. 0. Not applicable in the Australian context.  I don't know and/or I am not an expert on this specific topic.
GENDER
AGE
DISABILITY
SEXUAL MINORITIES
ETHNIC/RELIGIOUS MINORITIES
TRAFFICKING VICTIMS

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* 16. Are there provisions and measures in place to address the specific needs of cross-cutting groups during RSD processes, particularly if pre-screening does not occur at the border?

For example, female interviewers for female asylum-seekers; support for unaccompanied minors; provision of psychological assistance for victims of torture, GBV and other vulnerable persons.

  5. Yes, there are specific measures/ guarantees. 4. There are specific measures/ guarantees in place that are applied most of the time.  3. Specific measures/ guarantees exist but are not consistently applied.  2. There are some specific measures/ guarantees but they are only applied occasionally.  1. No specific measures or guarantees exist. 0. Not applicable in the Australian context.  I don't know and/or I am not an expert on this specific topic.
GENDER
AGE
DISABILITY
SEXUAL MINORITIES
ETHNIC/RELIGIOUS MINORITIES
TRAFFICKING VICTIMS

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* 17. Are specific guarantees related to the cross-cutting groups considered when taking, reviewing or implementing deportation decisions?

For example, pregnant women or women with infant children not to be returned; unaccompanied minors not to be returned unless arrangements are in place for their care in the destination country; specific needs of persons with disabilities. See also: UN High Commissioner for Refugees, Guidelines on International Protection No. 8: Child Asylum Claims under Articles 1(A)2 and 1(F) of the 1951 Refugee Convention and/or 1967 Protocol relating to the Status of Refugees, 22 December 2009, HCR/GIP/09/08, Guidelines on International Protection No. 7.

  5. Yes, there are specific measures/guarantees in place and they are effectively applied at all time 4. There are specific measures/ guarantees in place that are applied most of the time. 3. Specific measures/ guarantees exist but are not consistently applied.  2. There are some specific measures/ guarantees but they are only applied occasionally. 1. No specific measures or guarantees exist.  0. Not applicable in the Australian context.  I don't know and/or I am not an expert on this specific topic.
GENDER
AGE
DISABILITY
SEXUAL MINORITIES
ETHNIC/RELIGIOUS MINORITIES
TRAFFICKING VICTIMS

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* 18. Does the State create conditions for a multi-stakeholder approach* regarding the following aspects:

A multi-stakeholder approach focuses on the responsibility of the State to create enabling conditions for UNHCR and other UN and non-governmental (NGO) actors and stakeholders to play their respective roles in order to exercise their responsibilities.

  5 The State creates conditions and incentivizes a multi-stakeholder approach. 4 The State removes obstacles to a multi-stakeholder approach as required and to the extent possible 3 The State tolerates a multi-stakeholder approach. 2 The State imposes certain limits to a multi-stakeholder approach, be it to certain actors or actv 1 The State rejects, or makes practically impossible, a multi-stakeholder approach 0. Not applicable in the Australian context.  I don't know and/or I am not an expert on this specific topic.
For refugees recognition and its definition, e.g. including access to UNHCR and NGOs’ protection functions as they advocate for a broad application of the refugee definition and another protection status?
To approach the RSD process; e.g. allowing NGOs and UNHCR to contribute to and facilitate the RSD process through, for example, providing legal advice and/or representation to asylum seekers?

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* 19. Are the cessation clauses applied according to UNHCR guidance; e.g. allowing refugees to challenge decisions or rebut presumptions applied on a group basis?

See UNHCR Handbook on Procedures and Criteria for Determining Refugee Status, Chapter III B. Cessation clauses of 1951 Convention, Article 1C (5) and (6) states

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* 20. Is there a process of individual judicial review for refugees whose status is determined to have changed as a result of a review or determination by the authorities in the asylum country?

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* 21. Do repatriation policies in the asylum country (or receiving country) take into consideration specific concerns of cross-cutting groups?

For example, repatriation conditions take into account special needs of children and unaccompanied minors, persons with disabilities and other vulnerable groups.

  5. Yes, there are specific measures/guarantees in place and are effectively applied at all times. 4. There are specific measures/ guarantees in place that are applied most of the time. 3. Specific measures/ guarantees exist but are not consistently applied.  2. There are some specific measures/ guarantees but they are only applied occasionally. 1. No specific measures or guarantees exist.  0. Not applicable in the Australian context.  I don't know and/or I am not an expert on this specific topic.
GENDER
AGE
DISABILITY
SEXUAL MINORITIES
ETHNIC/RELIGIOUS MINORITIES
TRAFFICKING VICTIMS

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* 22. Does the State create conditions for a multi-stakeholder approach* to repatriation; e.g. UNHCR, other international agencies and NGOs can provide information about the situation in the country of origin, and can undertake complementary support programmes in the asylum country?
A multi-stakeholder approach focuses on the responsibility of the State to create enabling conditions for UNHCR and other UN and non-governmental (NGO) actors and stakeholders to play their respective roles in order to exercise their responsibilities.

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* 23. To be named in the RRI Australia review as an expert who has provided input, please include your name and how you would like to be affiliated (e.g. name, title, email, organisation/institution). By providing your contact details, we will also let you know when the RRI Australia review is completed.

Thank you for participating!

If you would like to respond to any of the surveys relating to different areas of the RRI, click on the links below:

RRI - Access to borders survey

RRI - Asylum services survey

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