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In Sydney, Australia, asylum law revolves around international refugee law, national immigration law, and Australia’s obligations under the Refugee Convention. It is designed to offer protection to people who face persecution in their home country for reasons of race, religion, nationality, membership in a particular social group or political opinion. Individuals applying for asylum in Sydney must demonstrate a well-founded fear of persecution if returned to their home country.
Applying for asylum can be a complex legal process, which can become even more challenging if you are not familiar with the relevant laws and procedures. A lawyer can guide you through the application process, help gather and present evidence, represent you during the interview, and if necessary, at court hearings. If your application is rejected, a lawyer can help with filing an appeal and present arguments on your behalf.
The key provision of asylum in Sydney falls under the Migration Act 1958. This states that asylum seekers who arrive in Australia without a valid visa must be detained and their claims for asylum considered. It also provides for mandatory detention, where those without a visa are held in detention centres until they receive a visa or leave Australia. Australia also adheres to the ‘non-refoulement’ principle which means not sending anyone back to a place where they would face serious harm.
1. Who can apply for asylum in Sydney, Australia?
Any person who is in Australia can apply for protection (asylum), regardless of how they arrived or their current visa status.
2. How long does the process take?
Average processing times vary and can be several months or more. Some cases may be prioritized for processing based on individual circumstances.
3. What if my initial application is denied?
If your initial request is denied, there may be options to seek review of the decision by the Administrative Appeals Tribunal or the Federal Court, but this is contingent on particular circumstances.
4. Can I work while my application is being processed?
Whether you can work will depend on whether your bridging visa includes work rights. It's vital that you understand the conditions of your visa.
5. Can I bring family members to Australia?
You may be able to include your family members in your application or sponsor them to Australia through the Special Humanitarian Programme.
An important resource is the Department of Home Affairs, the government body responsible for immigration and asylum matters. Community legal centers and organizations such as the Asylum Seekers Centre and Refugee Advice & Casework Service (RACS) in Sydney also provide invaluable support to asylum seekers.
If you're considering seeking asylum, it's important to obtain legal advice as soon as possible. Contact a legal professional with expertise in immigration and asylum laws. They can help navigate the legal complexities and ensure your case is presented in the best possible light. It's also crucial to stay informed about changes in any laws and regulations that apply to your situation. The Department of Home Affairs provides up-to-date information on Australia's immigration and asylum laws.
