Overview

Australia became a signatory to the 1951 Convention in 1954 and to the 1967 Protocol in 1973. It thereby assumed certain obligations under the Convention, the principal obligation being to grant asylum to people who fall within the definition of a refugee as set out in Article 1A(2). The process or manner in which asylum is granted is not expressly stipulated in the Convention. It is governed by the Migration Act 1958 (Cth).

The Migration Act 1958 (Cth) provides for visas to be issued on refugee and humanitarian grounds to applicants under the government's Humanitarian Program. That program comprises onshore protection for those people already in Australia, whether or not they arrived with temporary visas or without a visa at all, and offshore resettlement for people in humanitarian need overseas (including those who are classified as refugees by the United Nations High Commissioner for Refugees (UNHCR)). The onshore and offshore visa categories are comprised of both permanent and temporary residence visas.

In the past few years, the government has consistently capped the number of humanitarian visa places at 13 000. This is applied somewhat flexibly, such that places can be carried or brought forward in consecutive years. In 2005–2006, 49% of these places were taken up by the refugee component; the remaining 51% were consumed by the humanitarian program. Ninety per cent of the total visas that were granted were given to offshore applicants.