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Asylum Seekers Legal Resources

IMPORTANT DISCLAIMER: Australian Lawyers for Human Rights Inc is not registered as a migration agent.  It is not a legal practice. The resources for asylum seekers are provided to help people who want to research, or take action in relation to, the legal situation of asylum seekers. Anyone using these resources should obtain advice from a registered migration agent or a practising lawyer.  Legal advice is available from these places . There may be errors or omissions in the resources. Australian Lawyers for Human Rights Inc has attempted to ensure that the resources are current and accurate, but it is not responsible for the consequences of any errors or omissions.

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Legal options after rejection by Refugee Review Tribunal

See separate page on ALHR website.

Applying for an RRT rehearing based on Muin Decision

Judicial Review By Federal Court Of A Decision Of The Refugee Review Tribunal

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Section 417 (Humanitarian) Applicationto The Minister

Complaints To The United Nations

Temporary Protection Visas (TPVs)

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Pro Bono (Free) Legal Assistance

Migration Law


Migration Act

Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) Fact sheets:

Refugee Council:

Edmund Rice Centre:

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Major Legal Decisions


The Tampa decision

The Al Masri decision

There is no power to continue to detain in circumstances where there is no real likelihood or prospect of removal from Australia in the reasonably foreseeable future.

The High Court 'privative clause' decisions

High Court decision on the Refugee Review Tribunal's powers

Jurisdictional error; findings or inferences of fact supported by logical grounds; actual bias and reasonable apprehension of bias; decision not authorised by the Migration Act; unreasonable decision.

The Muin decision

There is a denial of procedural fairness when the Refugee Review Tribunal fails to have regard to all of the documents that favour applicant's case, and fails to bring to the applicant's attention documents which are adverse.

The Family Court decision

The Court found that the Family Court's welfare jurisdiction extends to the protection of children in immigration detention.  The Court considered that if children are held in indefinite detention, this would be unlawful because the Migration Act is subject to Australia's obligations under the Convention on the Rights of the Child. 

UN Human Rights Decisions


Torture Convention:

International Covenant on Civil and Political Rights:

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