News & Insights
The Australia of today is based on the cultures of the First Nations people who were here when the first wave of European migrants arrived, and since the arrival of Europeans, Australian society has introduced more and more cultural identities into the melting pot of current Australia.
Australia’s approach to refugee migration has evolved over time. Overall Australia has a generous refugee and humanitarian program. Between 2013 and 2023, Australia ranked 3rd overall and 2nd per capita in refugee resettlement.[1]
When we talk about ‘refugee’, ‘humanitarian’, and ‘protection’ visas, we are really talking about the same thing. When a visa applicant is outside Australia, they are considered under the refugee / humanitarian program, and when a visa applicant is inside Australia, they are considered under the protection program.
Refugee / Humanitarian migration to Australia
The history of Australia’s refugee program can be traced back at least 180 years. In 1839, a group of Lutheran refugees migrated from Prussia to what is now South Australia to escape restrictions on their right to worship.[2]
After World War II the Australian Government committed to a large refugee program and an ambitious immigration target to counteract labour shortages amidst the growing Australian economy[3] with the slogan “populate or perish!” Australia offered £10 assisted passages to British migrants, who became known as the “Ten Pound Poms.”
Initially, Australia restricted migration to people from Britain and this was enshrined into law under the Immigration Restriction Act 1901, and was unofficially recognised as the ‘White Australia Policy’.[4]
However, over time, it expanded its intake to include people from the Baltics, Italy, Greece, Malta, Croatia, and Turkey.
By 1950, almost 200,000 people had arrived under this program.[5]
Since the arrival of the first wave of post-World War II refugees, Australia has settled more than 800,000 refugees and other humanitarian entrants.[6] In the 1970s Australia established a dedicated migration program for humanitarian entrants, facilitating a specific pathway for refugees to settle in Australia.
Economic and humanitarian events in the 1950s, 1960s, 1970s
Various economic and humanitarian events around the world have determined the countries from which Australia accepted refugees. There have been significant waves of arrivals from:
- Hungary and the Czech Republic following unrest in those countries in 1956 and 1968 respectively;
- Asians expelled from Uganda by President Idi Amin in 1972;
- Chile following the overthrow of the Allende Government in 1973;
- Indochina after the end of the Vietnam war in 1975; and
- Poland after martial law was declared in December 1981.[7]
Then Australia welcomed refugees from the Middle East (Lebanon and Iran), Afghanistan, Sri Lanka, East Timor and El Salvador.
Australia’s Humanitarian Program as we know it today:
In the language of Australia’s current humanitarian program, different labels are used depending on whether a visa applicant is onshore in Australia at the time of applying for a visa, or offshore.
- Offshore protection: Assists people who are physically outside Australia, and subject to persecution in their home country and for whom resettlement in Australia is the most durable solution.
- Onshore protection: Assists people who arrive in Australia lawfully and engage Australia’s protection obligations because they fear persecution and significant harm.
Most recently in the 2022-2023 financial year Australia’s Humanitarian Program granted 17,875 visas.[8]
In this most recent wave of refugees, they come from three main regions:
- Middle East – Iraq, Syria, Iran and Turkey
- Asia – Myanmar, Afghanistan, Pakistan and Laos
- Africa – Burundi, Democratic Republic of the Congo, Eritrea, Ethiopia, Somalia, South Sudan and Sudan.[9]
This year, the Australian Government has agreed to allocate 20,000 places under the Humanitarian Program.[10]
How we can help
At MSM Legal, we understand that Australia’s refugee laws are complex and constantly changing. If you believe you may be eligible for a Protection (onshore) or Humanitarian (offshore) visa, or have family members who could qualify, expert legal advice is crucial to maximise your chances of a successful application.
We specialise in representing refugee applicants at every stage of the visa process. Our team can assist with:
- Lodging onshore Protection Visa applications
- Lodging offshore Humanitarian Visa applications
- Appealing onshore protection visa refusals at the Administrative Review Tribunal
At MSM Legal, we are committed to providing clear, accurate legal guidance on seeking protection in Australia, or applying for the offshore humanitarian visa program. Let us help you navigate the complexities of the system with confidence.
[1] Amnesty International Australia. (2024). Debunking 10 myths about refugees in Australia. Amnesty International Australia. Retrieved October 21, 2024, from https://www.amnesty.org.au/debunking-10-myths-about-refugees-in-australia/
[2] Refugee Council of Australia. (n.d.). The history of Australia’s refugee program. Retrieved October 10, 2024, from https://www.refugeecouncil.org.au/coming-to-australia/6/#:~:text=The%20history%20of%20Australia’s%20refugee,within%20the%20state%20of%20Prussia
[3] Ibid.
[4] National Archives of Australia. (n.d.). Immigration Restriction Act and White Australia Policy. National Archives of Australia. Retrieved October 21, 2024, from https://www.naa.gov.au/learn/learning-resources/learning-resource-themes/society-and-culture/migration-and-multiculturalism/immigration-restriction-act-and-white-australia-policy
[5] Department of Immigration and Multicultural Affairs. (1997). Immigration: Federation to Century’s End 1901-2000 [50 years of Australian immigration]. Retrieved from https://www.multiculturalaustralia.edu.au/doc/dima_50years.pdf
[6] Department of Social Services. (2018). Building a New Life in Australia (BNLA): The Longitudinal Study of Humanitarian Migrants [Final report]. Retrieved from https://www.dss.gov.au/sites/default/files/documents/03_2018/d17_1138305_bnla_report_final_word_accessible_version.pdf.
[7] Refugee Council of Australia. (3 December 2023.). Coming to Australia: Refugee and humanitarian program. Refugee Council of Australia. Retrieved October 21, 2024, from https://www.refugeecouncil.org.au/coming-to-australia/6/
[8] Department of Home Affairs. (2024). Australia’s Humanitarian Program 2023–24: Discussion paper. Retrieved from https://www.homeaffairs.gov.au/reports-and-pubs/files/australias-humanitarian-program-23-24-discussion-paper.pdf
[9] Ibid.
[10] Ibid.
Author: Cassandra Newsham
