Asylum Seekers Centre

ASC vision for the processing of onshore asylum claims

The vision of ASC is that asylum seekers be welcomed to Australia and afforded a dignified, meaningful and safe existence pending the fair, transparent and expeditious resolution of their claims.

Consistent with our vision, we sketch below our ideal model for the processing of onshore asylum claims.

1. Work rights and Medicare access for all asylum seekers
We believe that all asylum seekers should be granted work rights and Medicare access from primary lodgement of their protection applications through to a final determination on their claims. We see this as a simple and appropriate means of mitigating against the further extreme suffering of an already vulnerable population and of ensuring our compliance with international human rights standards. We contend that the existing regulatory and policy bars to work rights and health care are an ineffectual mechanism for deterring any would-be misusers of our protection system and have an exceptionally harsh impact upon those with legitimate claims and fears. We maintain that significant numbers of asylum seekers have the capacity to self-support where provided the opportunity to do so – and that many hold skills and qualifications which Australia requires.  

2. Appropriate welfare and subsidized health care for all asylum seekers who are unable to self-support due to circumstances beyond their control
We believe that asylum seekers who are unfit to work, or unable to obtain work, and lack alternative means of self-supporting, should be eligible for appropriate levels of welfare and subsidized health care from primary lodgement of their protection applications through to a final determination on their claims (unless they regain the capacity to self-support at an earlier stage).

3. Complementary Protection
Under our international obligations Australia owes protection to several categories of asylum seekers who, while not satisfying the criteria set out within the Refugee Convention (1951) and its Protocol (1967), have legitimate claims for protection under the other international human rights instruments to which we are a signatory.   Notable examples are stateless individuals and those subjected to gross human rights violations or the prospect of torture if returned to their country of origin for reasons other than those encompassed within the Refugee Convention and Protocol. Under our existing onshore determination system, the Minister provides the only opportunity for asylum seekers to have the validity of such claims assessed. And the Minister’s power to exercise discretion is non-compellable, non-reviewable, non-delegable and only able to be invoked following an asylum seekers’ unsuccessful passage through the administrative determination process.  

We believe that an administrative assessment of non-Refugee Convention based protection claims (as per European Union standards) would ensure a demonstrably fair, transparent and comprehensive onshore assessment process, consistent with our international human rights obligations. Such a system would likely expedite final determinations and significantly ease the burden currently placed upon the Minister to be the first and final arbiter on all non-Refugee Convention based claims. We further believe that those found not to be owed Australia’s protection would be far more accepting of their need to depart, under a system of complementary protection, as they would have been provided reasons for and an opportunity to appeal any negative decision.


We believe that the above model would result in the more fair, transparent and expeditious processing of onshore protection claims and enable those whose claims are not upheld to leave Australia in conditions of dignity and health, and those who are determined to merit Australia’s protection to transition more readily into settlement.