- Published:
- Tuesday, 17 June 2025 at 5:13 pm
‘I have had many sorrows in my life – I lived through multiple wars in Syria and Iraq. I fled to Australia and ended up in immigration detention for a long time. I was taken away from my children and family.
Victoria Legal Aid helped me to get my life back and give me back my freedom.
At the moment, I feel very happy and free. I am studying English, I am working on my language skills to integrate into the community in a better way.I am now trying to help my other friends still stuck in detention, in the way that they supported me during my time there. I am now trying to put my life back together and fix everything.’ – Mohammad*
*Indicates where names have been changed.
On World Refugee Day (20 June) and throughout Refugee Week (15 – 21 June 2025), we celebrate the strength and courage of refugees who've fled conflict and persecution, shining a light on their rights, needs and dreams.
We’ve been proud to play an increased role in providing legal assistance for people appealing permanent protection visa decisions.
Alongside the establishment of the new Administrative Review Tribunal (ART) in October 2024, funding for legal aid commissions and community legal centres has enabled us to help in achieving visa certainty for refugees, while reducing the backlog in the immigration system.
Administrative Review Tribunal brings fairer processes
Before the ART was established in October 2024, decisions about protection visas were made by the Immigration Assessment Authority (IAA).
When the IAA existed, asylum seekers arriving by boat were denied the opportunity for a full merits review of decisions by the Department of Immigration to refuse their application for protection.
Asylum seekers arriving by boat had no right to a hearing and a limited opportunity to provide new evidence. As a result, decisions of the IAA disproportionately affirmed the decision of the Department to refuse the application.
Moreover, what was coined a ‘fast track process’ was excessively slow, with the average time taken to finalise a ‘fast track’ application being 864 days.
Through the ART, all asylum seekers now have the opportunity to be heard. And importantly, all asylum seekers have the same rights as every other person to seek a full review of the merit of immigration decisions made about them.
Our Migration team has seen the immense impact of the establishment of the ART and investment in legal assistance on the lives of refugees and asylum seekers. Thomas’* story highlights how the new Tribunal is making a difference by ceasing the discriminatory practices of the former IAA.
Thomas’* story
In 2012, Thomas arrived in Australia alone, after a dangerous journey across the sea to escape harm in his home country. He had fled because of his perceived support for a group involved in a long-running internal conflict. He had to leave behind his young family, hoping to find safety and start again.
Sadly, his protection visa application was refused by the department. This decision was automatically referred to the IAA for limited merits review. The IAA refused his application without providing him any opportunity to attend an interview and tell his story.
He then applied to the court where he waited almost seven years for the court to review his case and decide that the decision of the IAA was unlawful. Throughout that time, his life was put on hold and he was prevented from reuniting with his wife and children.
The introduction of the ART meant Thomas finally had access to a fair merits review process. After the decision of the court, Thomas’ case was sent back to the newly formed ART to decide whether he was a genuine refugee. This time he had a legal aid lawyer to assist him to present his case.
This was the first time Thomas had the opportunity to speak in person at a hearing, about the reasons he fled his country and why he could not return.
He was nervous and uncertain, as he had never truly been able to tell his story. His lawyer took the time to listen, understand, and prepare him, helping him feel supported and safe.
When the Tribunal hearing came, Thomas was heard – and believed. Within a month of the Tribunal’s positive decision, he was granted a permanent protection visa.
New guideline to assist asylum seekers
Commonwealth funding has allowed us to introduce a new guideline to assist asylum seekers and refugees in the ART. We have also been able to increase the number of applicants we can assist with judicial review in the Federal Circuit and Family Court of Australia, which is a core part of our work.
Data collated by the University of New South Wales and research by Macquarie University show that asylum seekers who are legally represented are seven times more likely to receive a positive outcome at the Tribunal, and six times more likely to be successful on judicial review.
Proper advice and legal representation assists decision makers to make correct and lawful decisions in a timely manner, increasing efficiency and reducing the likelihood of appeals.
Access to these review pathways and legal assistance has given many of our clients hope for a better future.
‘I was extremely anxious and didn’t know what to do, but my lawyer gave me confidence and hope.
I’ve got a new life now, and I am thinking about bringing my family here. I will never forget this for the rest of my life.’ – Thomas
Taking a trauma informed approach
In our experience, the ART has improved the merits review process, and we have observed a decrease in the average time taken by the ART to make decisions after hearings.
ART members have commented on the benefits of people having legal representation, including providing information prior to hearings. This has helped them to prepare and make an informed determination of the claims more efficiently.
However, we are still seeing barriers faced by our clients. Many are survivors of torture or trauma, are in immigration detention, or fear harm, including because of their gender or sexual identity.
Bringing a trauma informed approach to our work has been vital to build trust and assist people to prepare and present their case comprehensively and clearly.
Nelson’s* story highlights the positive impact that our trauma informed support through the merits review process has had.
Nelson’s* story
I fled Sri Lanka with my family when I was a small child and then lived in a refugee camp in India.
My family suffered great hardship. My siblings and I had to stop going to school to help our family by working. There was family violence inside my family home growing up as a child.
It was very hard growing up in the refugee camp without any legal status – the situation was desperate. We could not go anywhere without permission.
I was in the refugee camp for more than two decades until I fled again, this time to Australia by boat with my wife and young children. We came to Australia to try to give our children a better future. We did not have rights in the refugee camp, the children could not study, we were not safe and so we came in search of freedom.
I was held in immigration detention in Australia for a decade. I was living trapped in four walls and had a lot of stress during this time. It was a very difficult situation being separated from my family.
I was very anxious because I did not know what was going to happen, how long I was going to have to live in detention or if I would be released. Everything was unpredictable and uncertain and this had a big impact on me mentally.
For a long time I did not have a lawyer who could help me understand my rights. I was not sure what I could do or how I could try to get out of detention. I was downhearted without legal representation.
People in immigration detention and also my family members in the community suggested that I should contact Victoria Legal Aid to get help. Once VLA began assisting me I had hope that I would be helped to get out of detention one day. I went through many migration court processes.
VLA has helped me a lot. They represented me through the immigration court processes and before the tribunals three times and I now have a permanent visa and am free, because of their help. I am now in the community and living independently with freedom.
I feel that my future will be good. I look forward to working, leading a good life and being a contributing part of the Australian community. It is so important for people to get legal advice and VLA are helping so many people in such situations in immigration detention.
More information
Read more about the Refugee Council of Australia’s 2025 World Refugee Week campaign Finding Freedom.
Learn more about immigration and migration and how we can assist with appealing a visa decision.
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