Editors --- "Legal Centres: Refugee advocacy services from scratch" [2002] AltLawJl 52; (2002) 27(3) Alternative Law Journal 142

• LEGAL CENTRES
• Refugee advocacy services from scratch
• South Australia
• Western Australia
• Other Australian Community Legal Centres working with refugees:

LEGAL CENTRES
Refugee advocacy services from scratch

South Australia

Thirty people met in a room and voted to incorporate. A bowl was left at the door for contributions. The next day, with $160 in the kitty, the Refugee Advocacy Service of South Australia Incorporated (RASSA) became the newest community legal service in South Australia.

The group consisted of volunteers who had been working in what was known as 'the Woomera Lawyers Group' but, as well as solicitors, barristers and paralegals, it included interpreters, administrative workers, organisers, researchers and students. The group had been working under the umbrella of private law firm, Jeremy Moore and Associates.

That first meeting was held on 26 March 2002 at the Law Society of South Australia and chaired by Law Society President, Chris Kourakis QC. On 6 April2002 the RASSA was admitted to membership of the South Australian Council of Community Legal Services Inc and on 12 April2002 it was admit­ ted into the National Association of Community Legal Centres' professional indemnity insurance scheme. On 17 April 2002 RAASA accepted an offer from private IT company Economic Outlook Pty Ltd of temporary premises close to the courts with furniture and IT facilities, rent-free for up to six months. On 19 April 2002, by prior arrangement, Jeremy Moore and Associates discontinued acting on approximately 50 Federal Court appeals and RASSA took on the coordination of those cases, either by filing notices of acting itself or by arranging for private firms to take on the cases pro-bono.

This transfer involved sending a team of a lawyer, two paralegals and an interpreter (who speaks both Arabic and Farsi) to Woomera to meet with the detainees who had cases in the Federal Court. They were equipped with letters - individually addressed and translated into Arabic and Farsi-to explain the change in representation to RASSA and to obtain authorities for RASSA to act. Both these aims were achieved in three days.

Following the Easter demonstrations at Woomera, some Federal Court clients were moved to detention centres in other States. So already RASSA was working beyond the South Australian borders. Scarce resources have meant that these interstate clients have not been visited but they have been phoned or sent letters explaining the change and seeking their instructions.

A small, dedicated and highly effective team coordinates the Federal Court work from a new temporary home. The Service has a slightly larger but hope­ fully just as effective management committee chaired by Gordon Barrett QC, and a number of sub-committees working on other immediate matters.

At this stage volunteers and staff working with Jeremy Moore and Associates will continue to assist asylum seekers in Woomera with other legal is­ sues and matters related to conditions of detention, and to maintain the Woomera Legal Outpost. This outpost consists of a house in Woomera where volunteers stay when working at Woomera, and a car for travelling between Woomera and Adelaide.

There are currently more than 200 people locked up in Woomera. Many of their cases are currently being reviewed by the Refugee Review Tribunal (RRT). Many have been rejected by the RRT and are appealing to the Federal Court. The privative clause inserted in the Migration Act in the September 2001 amendments makes it extremely difficult to win these appeals, but the law is new and needs to be tested. There are many families with children. They have all spent at least eight months in detention. Some have spent more than two years at Woomera.

The federal government has announced that it will be closing the Curtin Immigration Reception and Processing Centre at Derby, and opening the new Baxter Centre at Port Augusta. This will make two detention centres in South Australia with up to 2000 people detained. If past experience is anything to go by, their legal needs will be extensive and pressing, and their rights in need of vigorous advocacy.

RASSA currently has over 200 volunteers on its register. There is no assured income. The Service is in the process of applying to the Australian Taxation Office for Deductible Gift Recipient status but, regardless, is hopeful of generous donation support. RASSA will do what community legal services did before there was a funding program: rely on volunteers and the support of the community to provide legal services to people with great need and little power.

KAZ EATON

Kaz Eaton is a solicitor with Bourne Lawyers and is Treasurer of Refugee Advocacy Service of South Australia Incorporated.

You can write to RASSA at

PO Box 6662, Halifax Street, SA 5000, fax: [phone] or

email: [e-mail].

Western Australia

A new community legal centre is also about to be born in Western Australia. Two existing CLCs (SCALES-Southern Communities Advocacy Legal and Education Service and Sussex Street Community Law Service) and other non-government organisations working with refugees (the Catholic Migrant Centre, ASeTTS- Association for Ser­ vices to Torture and Trauma Survivors and CARAD - Coalition Assisting Refugees After Detention) have combined efforts to assist refugees who are presently living in WA on temporary protection visas (TPVs).

The TPV is a visa given to persons who arrived in Australia in an unauthorised way (that is without a valid visa) after October 1999 and who were found to be 'refugees'. Previously, people who arrived in Australia and were found to be refugees were given a permanent Protection Visa, regardless of the manner in which they arrived.

The TPV enables the holder to re­ main in Australia for a period of 36 months. During that period if they leave the country they cannot return. Due to the 'temporary' status of the visa, the holder is unable to sponsor family members under the migration program, nor do they qualify for a range of Centrelink benefits or the normal settlement assistance provided to other refugees.

At 30 months the Department of Immigration Multicultural and Indigenous Affairs can consider an application for the permanent protection visa. The first TPVs were granted in around January/ February 2000 so the first assessments for the permanent visas are due to begin in the second half of 2002.

It is believed that there are approximately 60 TPV holders in WA who are due to come up for this assessment in the next 6-8 months. There is currently limited funding to provide legal assistance to this group of people.

The 'TPV Project' (as it is presently known) will bring together volunteer migration agents, lawyers, social workers, students and other people with experience working with refugees to provide assistance to the holders of TPVs to compile their applications for permanent protection.

The project is well underway, with plenty of people agreeing to volunteer their time. The project will incorporate soon and is looking for a home. The new community legal centre will be known as the Centre for Advocacy Support and Education for Refugees (or CASE for Refugees). It is intended that its first priority will be developing the TPV Project and will evolve into a CLC dedicated to assisting refugees and asylum seekers.

Other Australian Community Legal Centres working with refugees:

Refugee Advice and Casework Service (NSW),

phone: [phone]

Immigration Advice and Rights Centre (NSW),

phone: [phone]

Refugee and Immigration Legal Centre (Vic),

phone: [phone]

Southern Communities Advocacy Legal & Education Services (WA),

phone: [phone]

Sussex Street Community Law Service (WA),

phone: [phone]

South Brisbane Immigration and Community Legal Service (Qld),

phone: [phone]