#refugeeweek

A Refugee is someone who survived and who can create the future - Amela Koluder

- World Refugee Day

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Sunday June 20 marks the beginning of Refugee Week, and the theme for 2021 has been nominated as Unity - the way forward. 2020 has shown us all the fragility of life. We need to work together to thrive and progress and to rebuild. Unity is about strengthening existing relationships and creating new ones for the betterment of all.

What is a Refugee Week?

Refugee Week started in 1986 and is now a global celebration. It celebrates ways in which people from asylum seeker and refugee backgrounds enrich their new communities. It is also a time to raise awareness about a refugee persons experiences; why they have come to Australia and for them to be heard. This creates better understanding between communities and encourages a newer, broader, safer, integrated community.

Who is a Refugee? Australia is a signatory of the Refugee Convention.  This defines a refugee as: “Any person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his/her nationality and is unable, or owing to such a fear, is unwilling to avail himself/herself of the protection of that country.” The important parts of this definition are: • The person has to be outside their country of origin. • They must not be able to return to their country of origin because of a fear of persecution. • The fear of persecution must be “well-founded”, i.e. they must have experienced persecution or be likely to experience it if they return. • The persecution has to result from one of the five grounds listed in the Convention. • They must be unwilling or unable to seek the protection of their country.

The Refugee Convention definition is used by the Australian Government to determine whether our country has protection obligations towards people seeking asylum. If someone who is seeking asylum is found to be a refugee, Australia is obliged under international law to offer protection and ensure that the person is not sent back unwillingly to their country of origin.

What is the difference between a person seeking asylum, a refugee and a migrant? The term ‘refugee’, ‘asylum seeker’ and ‘migrant’ are often used interchangeably particularly in the media. However, they are different.

Refugees are people who are forced to flee their country and cannot return unless the situation that forced them to leave improves. Some are forced to flee without any warning and many have experienced torture and trauma. The motivating factor for these people is safety and protection from persecution and human rights abuses, not economic advantage. 

A person seeking asylum is a person who is seeking protection as a refugee and is still waiting to have their claim assessed. Every person who has been recognised as a refugee, has at some point sought asylum. 

A migrant is someone who chooses to leave their country to seek a better life. They choose where they migrate to and they are able to return whenever they like.

Who is an ‘illegal immigrant’? The term refers to unlawful non-citizens, who are residing in a country without permission. In Australia, most people who fall under this category have entered the country legally but then overstayed their visas. Most are from “Western” countries.

It is extremely important to understand that people who seek asylum are NOT illegal immigrants. Nor are they breaking any laws. Under Australian law, a person is entitled to apply for asylum in our country if they are escaping persecution. This right is protected by international law as set out by Article 14 of the Universal Declaration of Human Rights.

How do people come to Australia? Australia’s Refugee and Humanitarian Program is divided into an onshore and offshore component. 

The offshore component is mostly made up of people who are considered under the refugee category and have been referred for resettlement by the UNHCR after being identified as a refugee. They apply in countries outside of Australia, and are resettled in Australia.  Most of Australia’s refugees arrive in Australia from other countries and are granted protection via offshore Humanitarian Programs.

Other people come to Australia (usually by plane), and then claim asylum onshore.  People who seek safety have definitive rights, as set out in the Refugee Convention, which all signatory countries must comply with. Perhaps the most important of these is the principle of non-refoulement. This prohibits the forcible return of someone who has been recognised as a refugee to a situation in which their life or freedom may be under threat because of their race, religion, nationality, membership of a particular social group or political opinion. The Refugee Convention also says that people should not be penalised for entering a country without prior authorisation, if they are fleeing danger and present themselves to the authorities upon arrival. People have a lawful right to enter a country for the purpose of seeking asylum, regardless of how they arrive or whether they hold valid travel or identity documents. 

The Convention states that after meeting residence requirements, people who are recognised as refugees are entitled to apply for nationality of their country of residence (or another). In Australia, if you hold a permanent protection visa, you can apply for Australian citizenship after four years of residence, one of which must be on a permanent visa. Under the current government, people who have arrived by boat are currently only eligible for temporary protection visas. They cannot get a permanent visa of any kind in the first five years after they get their first temporary visa.

If you would like to know more, please view the list of resources made available for Refugee Week, 2021; Unity. Webinars https://www.refugeeweek.org.au/educational-webinars/ Podcasts https://www.refugeeweek.org.au/podcasts/ Films        https://www.refugeeweek.org.au/films/

Learn more about our Refugee Health Program provided by Swan Hill District Health here: www.shdh.org.au