05/05/2021
ASHMORE REEF / PORTS-AFFECTED CLIENTS
Asylum seekers who arrived in Australia before 1 June 2013 and were taken to Ashmore Reef, now have a greater ability to apply for protection in Australia, following a landmark judgment by the Federal Court of Australia handed down on Tuesday, 4 May 2021. This cohort of applicants are generally referred to as “Ports Affected” applicants.
Since November 2019 the Department of Home Affairs has been progressively notifying Ports Affected applicants that they have “ministerial approval” to apply for a visa. However, the recent Federal Court’s decision means that this approval is no longer necessary. The likely outcomes of the Federal Court case for this cohort are as follows:
• These applicants will no longer be prevented from applying for a visa without ministerial approval
• if they have not already applied for a protection visa, they may now do so
• if they previously applied for a protection visa and their application was refused on the basis that they were prevented from making an application, the Department of Home Affairs may now be required to process the application
• if they applied for a protection visa before 18 April 2015, they may have the benefit of a different test to determine whether they are a refugee
• when, in the future, any temporary visa they hold expires, they may not need to again seek permission from the Minister to apply for another visa.
Further information can also be found on the Australian Human Rights Commission’s website, who made submissions to assist the court in the Federal Court case, based on human rights principles: https://humanrights.gov.au/about/news/media-releases/media-statement-federal-court-improves-pathways-protection-more-thousand.
If you are impacted by the above decision or are Ports Affected and require legal assistance, please contact the office on 03 9396 0207 to make an appointment to speak to one of our immigration lawyers.
More than 1,000 asylum seekers have a greater ability to apply for protection in Australia following a landmark judgment by the Federal Court on Tuesday. “When a person seeks asylum in Australia, it’s vital that their application be processed quickly, fairly and transparently. This judgment will...