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<strong>Annual</strong> <strong>Report</strong><br />

<strong>2014</strong>-<strong>15</strong><br />

Refugee Advice and Casework Service | 1


Contents<br />

our vision, purpose and values 3<br />

President’s foreword 4<br />

A message of thanks 5<br />

Who is Racs? 6<br />

our work 8<br />

Timeline of legal and policy changes 10<br />

Impact of Legal Changes on Asylum Seekers 12<br />

Leadership in Innovation 14<br />

Outreach <strong>15</strong><br />

Fast Track Process and RACS Response to it 20<br />

Repairing with GolD 24<br />

How we are funded? 26<br />

Award nominations 28<br />

Policy and Law Reform 29<br />

Who we are 30<br />

our volunteers 34<br />

Funding Partners 38<br />

our year in review 40<br />

Financial <strong>Report</strong>ing <strong>2014</strong>/<strong>15</strong> 42<br />

Glossary 55<br />

2 Cover | <strong>Annual</strong> Photo: <strong>Report</strong>Emma Davis


our vision,<br />

purpose and<br />

values<br />

Vision<br />

Asylum seekers and refugees who seek Australia’s protection<br />

are able to live their lives with dignity, security, family unity<br />

and freedom.<br />

Purpose<br />

RACS is an independent Community Legal Centre whose<br />

purpose is to provide a free, specialist legal service for<br />

asylum seekers and refugees. Through individual advice<br />

sessions, community education and public advocacy, RACS<br />

strives to ensure that individuals and families at risk of<br />

persecution or other forms of significant harm, gain access<br />

to equal and fair representation before the law and are<br />

granted protection by Australia and given opportunities to<br />

seek family unity, in accordance with Australia’s international<br />

obligations.<br />

Values<br />

RACS’ work is premised on a commitment to fundamental<br />

human rights, human dignity and international protection.<br />

RACS demonstrates this commitment through its<br />

independent, impartial and professional advice; the integrity<br />

of its staff and volunteers; its belief in continuous learning,<br />

including through partnerships with other organisations;<br />

and the fair and flexible conditions it provides for staff and<br />

volunteers.<br />

Refugee Advice and Casework Service | 3


President’s<br />

foreword<br />

In this our 28th year we have never been busier; and all<br />

this activity is in circumstances where for the bulk of<br />

our work there is no government funding. For those who<br />

have arrived by boat, the Minister is “lifting the bar” in<br />

order of arrival in Australia and the Department over the<br />

next two to three years will process over 28,000 asylum<br />

seekers who are presently here. The most positive<br />

outcome that many of these applicants can hope for is<br />

a temporary protection visa, requiring re-assessment in<br />

three years time. If they are not successful before the<br />

primary decision-maker, there is now in place a special<br />

truncated system of merits review. To fairly present their<br />

claims, people who seek asylum in Australia desperately<br />

need legal advice and assistance; in other words, they<br />

need the services of RACS.<br />

Faced with this massive demand for our services we<br />

have changed how we operate. We are now based<br />

at the University of New South Wales (thanks to that<br />

University’s commitment to our work) but we hold<br />

interviews and clinics in a number of places such as<br />

Auburn, Parramatta, Haymarket and Newtown. And we<br />

have now a number of new programmes linking our<br />

work with other organisations. It is with gratitude that<br />

I acknowledge the assistance with accommodation<br />

and in other ways we have received from UTS Law<br />

School, the Jesuit Refugee Service, the Scully Fund,<br />

the Asylum Seekers Centre, Auburn Council, Dooleys<br />

Lidcombe, Guildford Leagues Club, Kah Lawyers, Red<br />

Cross, Amnesty International, House of Welcome,<br />

Service for the Treatment and Rehabilitation of Torture<br />

and Trauma Survivors, NSW Legal Aid Commission,<br />

Immigration Advice and Rights Centre, Settlement<br />

Services International, Marist Youth Care and United<br />

Care Burnside.<br />

Details of our work are given below but, in short, apart<br />

from our work based at Randwick and our visits to<br />

detention centres we have a large clinical outreach<br />

program, an education and information service, a<br />

project assisting unaccompanied children, a programme<br />

assisting those whose bridging visas are cancelled and<br />

a family reunion programme. Last financial year we<br />

provided advice to around 2800 people and gave legal<br />

assistance to over 2000 people. We also developed and<br />

provided numerous training programmes and made a<br />

number of submissions to government bodies.<br />

4 | <strong>Annual</strong> <strong>Report</strong><br />

The Federal Government has set up a scheme this year<br />

to fund immigration legal assistance for unaccompanied<br />

children and other “vulnerable” people. RACS is one of<br />

two organisations nationwide who have won the tender<br />

to do this work. But for all the other people seeking<br />

asylum that RACS assists we rely on ad hoc grants for<br />

specific projects and financial support from the public.<br />

The Vincent Fairfax Family Foundation continues to<br />

match our fundraising with 33 cents for every dollar we<br />

raise and we are very grateful for this support and for<br />

this show of confidence in us.<br />

The Management Committee publically thanks our<br />

committed and diligent staff who worked so hard in<br />

very difficult circumstances. We thank in particular our<br />

Director Tanya Jackson-Vaughan for her imaginative and<br />

effective style of management and our Principal Solicitor<br />

Katie Wrigley who worked so hard to maintain our high<br />

standards of legal service and to develop novel ways in<br />

which we could help our clients. Of course, our solicitors<br />

senior and junior (listed below), played a crucial role in<br />

all of this. We thank our fundraiser, Andrew Kelly, for his<br />

hard work and inventiveness in attracting the funds that<br />

allow us to keep working and in giving us a real presence<br />

on social media.<br />

In our work we were greatly assisted by the provision<br />

of secondees from Allens Linklaters, King & Wood<br />

Mallesons and Norton Rose Fulbright and by the<br />

generous support in other ways from Gilbert + Tobin.<br />

The pro bono assistance of, Henry Davis York, KPMG,<br />

Baker and McKenzie, Hicksons, Herbert Smith Freehills<br />

and Wotton + Kearney was also indispensable. And we<br />

could not be so productive without the generous help of<br />

our many volunteers, legal and non-legal. We thank all of<br />

you.<br />

The demand for our services has never been greater.<br />

Clearly a central problem for the coming year is to obtain<br />

the funds we need to continue to do our work. In other<br />

words, we need the continuing support of the “Friends of<br />

RACS” and we ask for this.<br />

Aurthur Glass<br />

President


A message<br />

of thanks<br />

A rollercoaster year<br />

RACS is a place where people feel safe. When they walk<br />

into our reception, the first sign they see is “You are<br />

welcome here”.<br />

Asylum seekers are survivors. They have survived<br />

torture, trauma, bombs and other terror. Many of<br />

them had dangerous journeys fleeing the horror they<br />

experienced in their home countries. The people we see<br />

in our offices are strong, resilient people who have met<br />

with multiple attempts by outside forces to break them<br />

but they have still survived.<br />

RACS is the place these strong, resilient people feel able,<br />

often for the first time ever, to share the horror they have<br />

experienced. Tales of horror that they have never spoken<br />

of pour out in their interview with RACS lawyers.<br />

The work the RACS lawyers do is often the difference<br />

between someone staying in Australia or being sent<br />

home to the place they fled.<br />

As Executive Director of the Refugee Advice and<br />

Casework Service, I would like to express my enormous<br />

gratitude to all our friends who have supported us<br />

through our first full year of surviving without full<br />

government funding. The announcement of funding<br />

cuts in March 2013 marked the beginning of a<br />

rollercoaster ride .<br />

Resilience<br />

RACS has survived and in fact flourished in the past year.<br />

Rather than throw in the towel, we have diversified and<br />

grown in response to the massive need for our expertise<br />

and assistance.<br />

With 80% of asylum seekers no longer receiving<br />

government funded legal assistance, RACS has had<br />

to seek out alternative funding. We have launched a<br />

Friends of RACS program, applied for grants , had<br />

organisations like the National Art School and Macquarie<br />

University (to name only a few) hold events for us, had<br />

Allens Linklaters and King and Wood Mallesons join<br />

our Workplace giving Program and had Vincent Fairfax<br />

Family Foundation offer us a Challenge Grant, where for<br />

every dollar we raise they give us 33c.<br />

Our growing supporter base has helped us to start<br />

weathering the storms that have come our way and<br />

given us the courage to become stronger human rights<br />

advocates.<br />

Tanya Jackson-Vaughan<br />

Executive Director<br />

To quote the Guardian reporter, Paul Farrell in his article<br />

“The Australian Legal Centre taking law into its own<br />

hand for asylum seekers”<br />

“The odds are stacked against (RACS) ……A team of<br />

14 lawyers gets in touch with about 350 clients a week.<br />

…..But the small team of staff and volunteers is taking<br />

on the task of meeting the needs of thousands of asylum<br />

seekers across New South Wales. It is trying to do more<br />

with less, finding inventive ways to make up the funding<br />

shortfall, and in the process is rewriting the book on how<br />

legal aid is delivered.”<br />

Refugee Advice and Casework Service | 5


Who is<br />

Racs?<br />

Refugee Advice and Casework Service is one of Australia’s<br />

leading refugee legal centres providing free, specialist<br />

legal assistance to asylum seekers and refugees seeking<br />

to reunite with their families and we fight for their human<br />

rights every day.<br />

We are an independent community legal centre (CLC). For<br />

over 25 years, RACS has been protecting and advocating<br />

for human rights for people seeking asylum, who have<br />

made it to Australia.<br />

We have a team of 14 lawyers, experienced in human<br />

rights law, who dedicate themselves to achieving positive<br />

outcomes for their clients. Our staff come from a wide<br />

range of cultural backgrounds. We have staff who speak<br />

Tamil, Farsi, Dari, Serbian, Urdu, Hazaragi, Arabic, Bosnian,<br />

Romanian and Ukrainian; and several have refugee<br />

backgrounds themselves.<br />

RACS’ top strategic goals to protect the human rights of<br />

asylum seekers and refugees are to:<br />

• Provide quality legal advice, case management<br />

and representation for financially disadvantaged<br />

and vulnerable people seeking asylum and family<br />

reunion<br />

• Provide community education on changes to<br />

Refugee law<br />

• Provide outreach services to asylum seeker and<br />

refugee partner organisations<br />

• Advocate for systemic reform<br />

• Maintain an effective and expert staff team.<br />

6 | <strong>Annual</strong> <strong>Report</strong>


THE RACS TEAM<br />

HELPED OVER<br />

2827 Persons Seeking<br />

Asylum IN <strong>2014</strong>-<strong>15</strong><br />

Refugee Advice and Casework Service | 7


our work<br />

The RACS head office is based at<br />

1-3 Eurimbla Ave, Randwick,<br />

between the University of New South Wales<br />

and Sydney Children’s Hospital.<br />

Opening hours<br />

Monday to Friday 9- 5<br />

Telephone Advice - call (02) 8355 RACS (7227)<br />

Tuesday and Thursday 10-1130<br />

RACS also provides a free Face-to-Face Advice clinic<br />

• by appointment only at our Randwick office<br />

• at Settlement Service International, Level 1, 81<br />

George Street, Parramatta<br />

Outreach drop-in service for Fast Track Process assistance<br />

People can get help with filling in FOIs, information on<br />

TPVs and SHEVs, and referrals to the Legal Help for<br />

Refugees Clinic<br />

Auburn Outreach<br />

Auburn Centre for Community, 44 Macquarie Rd, Auburn<br />

Drop in - Monday and Wednesday 10-2<br />

Parramatta Outreach<br />

Jesuit Refugee Service, Arrupe Place, 4 Victoria Rd,<br />

Parramatta<br />

Drop in - Friday 10-2<br />

The Legal Help for Refugees Clinic at University of<br />

Technology Sydney<br />

Monday and Wednesday nights 6-9pm<br />

Assists people facing the Fast Track Process with<br />

statements of protection claims and pre-lodgement<br />

advice<br />

Bookings through phone advice and outreach services at<br />

Auburn and Parramatta<br />

The Asylum Seeker Centre Legal Clinic<br />

Monday, Wednesday, Thursday and Friday<br />

Assists ASC clients with the assessment of<br />

protection claims<br />

By appointment only<br />

Our Family Reunion Clinic<br />

Assistance to former clients and vulnerable refugees<br />

with their Family Reunion Visa applications.<br />

By appointment<br />

Primary Application Information Service (PAIS)<br />

RACS has the contract to provide unaccompanied<br />

children and vulnerable people with application<br />

assistance.<br />

This service aims to assist those deemed vulnerable by<br />

the Department of Immigration and Border Protection<br />

(approx. 20% of people claiming protection) through the<br />

Fast Track process.<br />

Referrals from the Department only.<br />

8 | <strong>Annual</strong> <strong>Report</strong>


From Homeless to Housed<br />

At the beginning of the year, we were told that our<br />

time at the Old Sydney Law School was coming to an<br />

end. The University of Sydney has generously housed us<br />

at the Phillip St premises since 2008. Directly opposite<br />

the courts, it has been a wonderful place to work and we<br />

are truly grateful to the University for its support for all<br />

these years.<br />

After a few months of uncertainty, we have had the<br />

fortune to be offered a home by the University of New<br />

South Wales. From 24th of August, RACS was open<br />

for business at 1-3 Eurimbla Avenue, Randwick. Right<br />

next door to the Children’s Hospital, with a regular bus<br />

service, and walking distance from the UNSW Law<br />

school and Kaldor Centre, we are delighted with our new<br />

home.<br />

RACS is incredibly grateful to the Vice-Chancellor,<br />

Professor Ian Jacobs, and the Dean of Law, Professor<br />

David Dixon, both of whom worked tirelessly to make<br />

this happen.<br />

In other great news, thanks to the support of Professor<br />

Lesley Hitchens, the Dean of Law and Professor Paul<br />

Redmond, the Sir Gerard Brennan Professor, at the<br />

University of Technology, RACS’ Evening Advice and<br />

Legal Help for Refugees Clinics will be housed at the<br />

UTS School of Law , in Haymarket, on Mondays and<br />

Wednesday evenings. The central location of UTS allows<br />

us to run our Legal Help for Refugees clinic staffed by<br />

lawyers whose day jobs are often working for large<br />

corporates and is perfectly located for clients who use<br />

public transport as it is a 5 minute walk from Central<br />

Station.<br />

Settlement Services International have offered us space<br />

for a lawyer to see clients at their Parramatta base. Kah<br />

lawyers has offered us a room on Fridays for our face<br />

to face appointments. Red Cross will assist us with<br />

desk space as required in their city office. We are most<br />

grateful for this support.<br />

RACS ‘ services will now be available in Randwick,<br />

Haymarket, Newtown, Auburn and Parramatta thanks to<br />

the support of our partners, donors and volunteers.<br />

Refugee Advice and Casework Service | 9


Timeline of legal and policy ch<br />

who came by boat: 1 July <strong>2014</strong><br />

3 July <strong>2014</strong><br />

The Department advised that<br />

asylum seekers who arrived by<br />

boat and are found to engage<br />

Australia’s protection obligations<br />

will be refused permanent visas<br />

under the “national interest<br />

criteria.<br />

25 September <strong>2014</strong><br />

The Migration Amendment<br />

(Repeal of certain Visa Classes)<br />

Regulation was disallowed –<br />

meaning Non-contributory Parent,<br />

Remaining Relative, Carer and<br />

Aged Dependent visas became<br />

available again to refugees<br />

wanting to bring their family<br />

members to Australia.<br />

16 December <strong>2014</strong><br />

Refugee definition changed for<br />

applications for protection visas<br />

made on or after 16 December<br />

<strong>2014</strong> require applicants to show<br />

they will be persecuted in all areas<br />

of the country they are fleeing.<br />

11 September <strong>2014</strong><br />

Offers and grants of temporary<br />

safe haven visas from detention<br />

were found unlawful by the High<br />

Court.<br />

<strong>15</strong> December <strong>2014</strong><br />

Asylum seekers arriving by boat<br />

can only apply for a Temporary<br />

Protection Visa or TPV or a Safe<br />

Haven Enterprise Visa or SHEV<br />

regardless of date of arrival and<br />

cannot access merits review at<br />

the RRT<br />

<strong>Report</strong>s of a deal that work rights<br />

will be granted to asylum seekers<br />

who arrived by boat as a matter of<br />

policy but implementation of this<br />

is slow.<br />

11 February 20<strong>15</strong><br />

The High Court found the refusal<br />

of a protection visa on the<br />

national interest test was not<br />

lawful.<br />

10 | <strong>Annual</strong> <strong>Report</strong>


anges for asylum Seekers<br />

to 30 June 20<strong>15</strong><br />

18 April 20<strong>15</strong><br />

The burden of proof for<br />

establishing protection<br />

obligations falls on asylum<br />

seekers and allows decisionmakers<br />

to draw an unfavourable<br />

inference where new claims or<br />

evidence is introduced later.<br />

A heightened emphasis is placed<br />

on providing identity documents<br />

and visas can be refused where<br />

refugees deliberately destroyed<br />

documents.<br />

Family members of refugees with<br />

an existing protection visa can<br />

no longer apply for a protection<br />

visa on the basis that they are a<br />

member of the same family unit.<br />

19 May 20<strong>15</strong><br />

At a community liaison meeting<br />

with the RRT, the Department<br />

confirmed that the bar lift period<br />

will be indefinite.<br />

16 June 20<strong>15</strong><br />

Asylum seekers seeking<br />

extensions of time to lodge<br />

TPV applications outside of the<br />

requested 28 days are threatened<br />

with cancellation of their bridging<br />

visas and detention for noncompliance<br />

with conditions to<br />

“co-operate with all reasonable<br />

requests” from the Department.<br />

May 20<strong>15</strong><br />

The Minister starts lifting the bar<br />

for asylum seekers who arrived by<br />

boat on or after 13 August 2012<br />

and before 1 January <strong>2014</strong>, and<br />

who have never been to Nauru or<br />

Manus Island. Applications are<br />

requested to be lodged within 28<br />

days.<br />

<strong>15</strong> June 20<strong>15</strong><br />

The Department indicated it<br />

will not process Freedom of<br />

Information (FOI) applications for<br />

maritime arrivals unless they are<br />

submitted by people who arrived<br />

within a certain date range<br />

1 July 20<strong>15</strong><br />

The Refugee Review Tribunal<br />

amalgamates into the<br />

Administrative Appeals Tribunal.<br />

SHEV applications become<br />

possible at law.<br />

Refugee Advice and Casework Service | 11


Impact of Legal Changes on<br />

Asylum Seekers<br />

Bar on applying for protection August 12 2013-May 20<strong>15</strong><br />

On August 13, 2012, the Rudd government appointed<br />

Expert Panel on Asylum Seekers announced that there<br />

would be “no advantage” given to people who had come<br />

by boat seeking asylum.<br />

“No advantage” as a term has always been somewhat<br />

ambiguous, but the 24000 or so people who arrived after<br />

that date have faced the risk of being sent to Nauru or<br />

Manus, had a bar preventing them from applying for<br />

protection in Australia and were not allowed to work.<br />

These measures resulted in thousands of people<br />

languishing in a legal limbo, stagnating, their lives on<br />

hold with little hope of settling in Australia or seeing their<br />

families again.<br />

Visa product = Temporary Protection Visa or Safe Haven<br />

Enterprise Visa. What is the difference?<br />

The Coalition government, as we can see from the<br />

timeline on the previous page, finally got the visa product<br />

they were after – the Temporary Protection Visa (TPV).<br />

Cross bench lobbying resulted in an additional temporary<br />

protection visa product, the Safe Haven Enterprise Visa<br />

(SHEV), being on offer. However, people who arrived by<br />

boat seeking safety and hope for a future away from<br />

harm will never be granted permanent protection under<br />

these new changes.<br />

The TPV lasts 3 years, allows people to work and<br />

study, but they cannot sponsor their family, apply for<br />

citizenship or travel outside the country unless they have<br />

permission from the Minister for Immigration.<br />

The SHEV, in addition to having similar criteria as<br />

the TPV, lasts 5 years, requires people to indicate an<br />

intention to work or study in a regional area, offers a<br />

pathway to visa options, which may lead to permanent<br />

residence visas (a Skilled, Student, or Family visa) if<br />

regional work/study pathway requirements are met.<br />

These requirements are working or studying in a<br />

designated regional area for a total of 3.5 years out of<br />

the 5 year visa.<br />

12 | <strong>Annual</strong> <strong>Report</strong>


Refugee Advice and Casework Service | 13


Leadership in<br />

Innovation<br />

“We can’t solve all the world’s problems relating<br />

to refugees. But at RACS, we can change the lives<br />

of refugees and asylum seekers who are here in<br />

Australia.” - Jemma Hollands<br />

Removal of funded legal services for people who<br />

came to Australia by boat seeking protection has<br />

created a significant obstacle in accessing justice<br />

for people who have fled persecution and are often<br />

traumatised.<br />

How do people whose first language is not English,<br />

who often cannot read or write in their own language,<br />

understand what the new Fast Track process means,<br />

fill in the detailed forms, link what they fear with the<br />

new definitions of a refugee, if they don’t have a legal<br />

expert helping them?<br />

Over the past 18 months, RACS has developed<br />

several new programs to meet the growing demand<br />

for legal help from people who are scared of being<br />

returned to the country they fled from. Most of this<br />

work is un or underfunded and only possible with the<br />

help of hundreds of volunteers.<br />

14 | <strong>Annual</strong> <strong>Report</strong><br />

Refugee Advice and Casework Service | 14


Outreach<br />

In order to provide effective legal advice and assistance<br />

to asylum seekers and refugees in NSW, RACS has<br />

partnered with a number of other organisations to form<br />

outreach programs for asylum seekers in both Auburn<br />

and Parramatta.<br />

Auburn Asylum Seeker and Refugee Legal Outreach<br />

With the assistance of Auburn Council and Dooleys<br />

Lidcombe, we established an outreach service in Auburn,<br />

a suburb with the highest asylum seeker population in<br />

Sydney. The service is based at the Auburn Centre for<br />

Community and provides advice to drop-in clients as well<br />

as people with appointments.<br />

Our outreach is part of an asylum seeker hub at the<br />

Centre, with House of Welcome and Settlement Services<br />

International providing alternating fortnightly meals and<br />

a Refugee Health Nurse available for much need medical<br />

services. This is a truly exciting initiative, providing a<br />

service in the suburb where many people who seek<br />

asylum live, saving them money and helping them to<br />

avoid the challenging journey into the city.<br />

In 50 days,<br />

1196 individuals<br />

from 29<br />

nationalities<br />

were assisted<br />

Thanks to Dooleys’ continuing financial support , in<br />

20<strong>15</strong>/16 we will now be able to provide this service 2 full<br />

days a week.<br />

As a local government area, Auburn is home to the<br />

highest number of asylum seekers in NSW, around 1000<br />

people are waiting to have their protection claims heard.<br />

The project has been an outstanding success. Due to<br />

the changing needs of asylum seekers in the first half<br />

of 20<strong>15</strong> the demand for services and assistance at<br />

the outreach services has increased dramatically. The<br />

outreach service has been extremely successful in terms<br />

of its ability to provide service to such a large number of<br />

clients in such a short space of time. It is now one of the<br />

primary gateways for asylum seekers and refugees to<br />

access RACS legal services.<br />

Main topics of advice:<br />

• Bridging visa (e.g. conditions, reporting, expiry,<br />

cancellation, Code of Behaviour)<br />

• Protection visa applications (e.g. application<br />

process, legal tests, explaining letters and<br />

decisions, refusal, appeals)<br />

• Ministerial intervention<br />

• Family reunion (e.g. partner visa, child visa,<br />

humanitarian visa)<br />

• Completing forms (e.g. visa application<br />

forms, FOI requests for access to documents,<br />

applications for AFP certificates)<br />

• Explaining and facilitating correspondence with<br />

Department of Immigration<br />

• Referrals for assistance through other RACS<br />

services, other legal services and welfare<br />

services.<br />

Refugee Advice and Casework Service | <strong>15</strong>


Partnership with Jesuit Refugee Service<br />

RACS also has a partnership with the Jesuit Refugee<br />

Service , funded by the Scully Fund till December 20<strong>15</strong>,<br />

to provide an outreach legal service in Parramatta at 4<br />

Arrupe Place. To quote Paul Farrell once again:<br />

“The outreach program runs once a week at Parramatta on<br />

Friday morning out of a little cottage owned by the Jesuit<br />

refugee service. Another outreach clinic is available in<br />

Auburn. At each, RACS has seen up to 50 asylum seekers<br />

coming through the doors on a single day.<br />

At first glance it’s chaotic. Asylum seekers from Iran, Sri<br />

Lanka and Afghanistan are lining up to see Julia . A small<br />

team of volunteers, including law students undertaking<br />

practical training, help her triage the clients each week.<br />

It’s not a sterile, corporate office though. It’s a place for<br />

people to talk and catch up. Sandwiches and biscuits are<br />

shared. It’s a new kind of legal aid that goes beyond the kind<br />

of services lawyers ordinarily provide.”<br />

The outreach program operates similarly to the<br />

Auburn program, once a week on a Friday between<br />

10am and 2pm. It is staffed by one RACS lawyer and<br />

combinations of RACS and JRS volunteers. The JRS<br />

volunteers provide lunch for people on the day. Similar<br />

to the Auburn service, the demand for this service<br />

increased dramatically at the beginning of 20<strong>15</strong>, and<br />

similar strategies were used for managing this demand<br />

effectively, including holding large group sessions in a<br />

number of different languages.<br />

16 | <strong>Annual</strong> <strong>Report</strong>


more than 60<br />

education sessions<br />

were provided<br />

across <strong>2014</strong>/<strong>15</strong> in 9<br />

different languages<br />

Refugee Advice and Casework Service | 17


The Asylum Seekers Centre Legal service<br />

The Asylum Seekers Centre Legal Service was<br />

established at the ASC in Newtown last May. It was<br />

funded for 12 months through the ASC by a major<br />

donor and is a collaboration between ASC and RACS,<br />

providing legal assistance to ASC clients and casework<br />

support through a clinic staffed by volunteers from<br />

Gilbert + Tobin. The clinic is innovatively structured to<br />

bring together the strengths of each partner involved<br />

and recognises the inter-connected legal, social, health<br />

and financial problems faced by asylum seekers seeking<br />

protection in Australia. The collaboration of RACS, ASC<br />

and G&T to provide a weekly legal clinic for asylum<br />

seekers is a unique partnership in the refugee sector.<br />

This partnership has been nominated for the 20<strong>15</strong><br />

Justice Awards.<br />

RACS - the specialists in assisting unaccompanied Children<br />

“When we speak to the child and explain they are the boss,<br />

and they have to instruct us what to do, they show a sense<br />

of relief. For the first time they feel they have control over<br />

their own destiny.” Sarah Dale<br />

The Children’s Project funded by the Scully Fund works<br />

to provide advice and assistance to unaccompanied<br />

children arriving in Australia. We have helped 133<br />

children through this project.<br />

the most vulnerable with legal assistance through the<br />

Fast Track process.<br />

Sarah Dale has been nominated for the prestigious<br />

Justice Medal 20<strong>15</strong>, for her work with these vulnerable<br />

children and the difference she has made in their lives.<br />

Volunteers on this project worked weekends to take<br />

statements from the children out of school hours. We<br />

are grateful for their commitment to justice.<br />

Gemma Lardner, Grant Mason, Jess Harvie, Nicola Cannon<br />

and Vanessa McGlynn<br />

“My friend says you’re the best. Can you help me?”<br />

An unaccompanied child<br />

Education<br />

More than 60 education sessions were provided in <strong>2014</strong>-<br />

<strong>15</strong> to assist asylum seekers understand the protection<br />

process and independently submit applications.<br />

Delivered in 9 languages: Dari/Farsi, Urdu, Pashto, Arabic,<br />

Rohingyan, Burmese, Bengali, Tamil and Nepali<br />

CPD sessions were provided to our volunteer lawyers on<br />

a regular basis<br />

We are particularly proud of this work. Now, we have<br />

3 lawyers who are “child expert lawyers”, a team<br />

led by Sarah Dale, whose work resulted in all the<br />

unaccompanied children on Christmas Island and<br />

in NSW becoming a client of RACS. Without Sarah’s<br />

support at least 30 children would have been sent to<br />

Nauru to languish in offshore detention.<br />

The development of our expertise in this area may<br />

have resulted in RACS winning the tender to provide<br />

application support to unaccompanied children and<br />

vulnerable people through PAIS – protection application<br />

information service, a DIBP funded program to provide<br />

18 | <strong>Annual</strong> <strong>Report</strong>


we assisted clients from<br />

over 90 different countries<br />

or 45% of the world<br />

Refugee Advice and Casework Service | 19


Fast Track Process and<br />

RACS Response to it<br />

Fast Track Process Legal Assistance Project<br />

The aim of the current government is to “process” the<br />

24000-30000 people who came by boat seeking safety<br />

after August 2012 within 3 years.<br />

The new refugee assessment process that has been<br />

introduced is called the Fast Track process and<br />

removes the right of the applicant to a review of their<br />

Departmental decision. If the person is not excluded<br />

from the right to review, however, the review of the<br />

decision will only be on the papers and new information<br />

will not be able to be put forward.<br />

The opportunity to have a hearing at the Administrative<br />

Appeals Tribunal, with an independent decision maker<br />

making a fresh assessment of a person’s claims, and<br />

accepting new information that supports those claims,<br />

has gone for people who used a boat as a means of<br />

reaching Australia’s waters to seek protection.<br />

The new law, introduced in December <strong>2014</strong>, established<br />

that in exercising the power to remove a non-citizen from<br />

Australia, it is irrelevant whether Australian has nonrefoulement<br />

obligations in relation to that person. This<br />

new law explicitly authorises violations of Australia’s<br />

international obligations under the Refugee Convention,<br />

Convention against Torture (CAT) and the International<br />

Covenant on Civil and Political Rights (ICCPR), as it<br />

requires removal even where Australia’s non-refoulement<br />

obligations have not been considered.<br />

In an environment, where few asylum seekers will be<br />

able to access legal advice due to the massive funding<br />

cuts organisations, like RACS, have experienced, these<br />

changes are terrifying for people facing the prospect of<br />

claiming protection under this new Fast Track process.<br />

RACS Fast Track Process Legal Assistance Project<br />

A fundamental part of RACS’ rewriting the book on<br />

delivering legal aid has been the development of our Fast<br />

Track Process Legal Assistance project which aims to<br />

provide free immigration and legal assistance and advice<br />

to asylum seekers who face the prospect of applying for<br />

protection without access to such advice elsewhere.<br />

In order to meet the unprecedented demand for legal<br />

services in a political climate hostile to asylum seekers,<br />

RACS has developed close ties with community groups,<br />

funders, pro bono law firms and committed individuals<br />

who support human rights for people seeking safety no<br />

matter how they arrived on our shores.<br />

This project would not have been possible without the<br />

collaboration and support of organisations like Red<br />

Cross, Settlement Services International, the Jesuit<br />

Refugee Service, Balmain for Refugees, pro bono<br />

assistance from Norton Rose Fulbright, Allens Linklaters,<br />

King & Wood Mallesons, Baker & McKenzie and Wotton<br />

+ Kearney, as well as funding support from Dooleys<br />

Lidcombe Catholic Club, Auburn Council, the Scully Fund<br />

and Vincent Fairfax Family Foundation.<br />

There are at least 24,000 (9000 in NSW) unrepresented<br />

people seeking asylum who will not receive free legal<br />

assistance with their claims for protection. All they have<br />

had to assist them are information kits prepared by the<br />

Department of Immigration and Border Protection. This<br />

is far from adequate.<br />

As UNHCR has noted, ‘[a]sylum seekers are often unable<br />

to articulate the elements relevant to an asylum claim<br />

without the assistance of a qualified counselor because<br />

they are not familiar with the precise grounds for the<br />

recognition of refugee status and the legal system of a<br />

foreign country’.<br />

20 | <strong>Annual</strong> <strong>Report</strong>


Waiting for<br />

permission to<br />

apply<br />

Receives<br />

permission to<br />

apply<br />

Preparing<br />

application<br />

Submitting<br />

application<br />

Attending<br />

interview<br />

Receives decision<br />

Post IAA review<br />

Information sessions about refugee law and<br />

process (and supporting fact sheets) (RACS)<br />

Assistance to make FOI request<br />

(RACS)<br />

Assistance writing statement (priority given to<br />

people with permission to apply) (RACS volunteer<br />

lawyers)<br />

Volunteer groups assist to<br />

complete 790 & 866 forms<br />

in languages (RACS provides<br />

training and support)<br />

Prelodgement<br />

advice<br />

sessions<br />

(RACS)<br />

Information sessions and videos about attending an<br />

interview (and supporting fact sheets) (RACS)<br />

Limited info through Telephone Advice Line and outreach drop-in services (RACS)<br />

JR assistance and referral<br />

(RACS). Volunteer barristers to<br />

assist with merits assessments.<br />

Refugee Advice and Casework Service | 21


Legal Help for Refugees Clinic<br />

In response to funding cuts, RACS decided to establish<br />

a Legal Help for Refugees Clinic to help people in the<br />

Fast Track Process who will never receive free legal<br />

assistance. The Legal Help for Refugees clinic has been<br />

the glue binding the services that come under the Fast<br />

Track Process Legal Assistance Project.<br />

Initially coordinated by existing RACS lawyers with<br />

volunteer lawyers providing legal support, the prospect<br />

of assisting the 9000 asylum seekers, who live in NSW,<br />

with no extra resources was daunting if not impossible.<br />

Therefore, RACS approached Legal Aid regarding the<br />

possibility of funding to support this work. We are<br />

very grateful that, in April 20<strong>15</strong>, we received a one off<br />

Legal Aid grant of $80,000, which allowed us to hire a<br />

migration agent lawyer and a legal admin staff member<br />

for seven months.<br />

The clinic provides great value for money and is<br />

incredibly efficient.<br />

Employing two people to co-ordinate the 80 lawyers, and<br />

63 interpreters who “work” in the clinic means that we<br />

can leverage volunteers in an effective, strategic way to<br />

provide much needed assistance to large numbers of<br />

people needing essential legal support. About $350,000<br />

worth in volunteer hours.<br />

Coordinated by RACS and supervised by RACS’ lawyers ,<br />

in the past 18 months, volunteer lawyers and interpreters<br />

have helped over 570 people to draft statements setting<br />

out their refugee claims with the assistance of legally<br />

trained volunteers. RACS’ Fast Track Process Legal<br />

Assistance project receives on average between 30-35<br />

new referrals for assistance per week, assists between<br />

20-25 asylum seekers write statements per week and<br />

provides additional advice to asylum seekers who need<br />

to lodge applications urgently. RACS has also assisted<br />

clients in detention centres throughout Australia without<br />

access to other legal and migration advice and has<br />

helped train community groups to assist refugees<br />

applying for protection in Australia.<br />

The project is an innovative response to a crisis in the<br />

provision of legal services for people seeking protection.<br />

The Department of Immigration and Border Protection<br />

has only recently commenced processing of the fast<br />

track applications but the demand for legal services is<br />

growing exponentially as people realise how challenging<br />

the Fast Track process is.<br />

22 | <strong>Annual</strong> <strong>Report</strong>


“Thank you so much RACS for<br />

helping, I will never forget what<br />

you have done for me.”<br />

Former Client<br />

“Thank you RACS for<br />

giving me hope.”<br />

RACS’ current client.<br />

“I have suffered a lot in my home<br />

country. When I arrived in Australia, I<br />

found out about the new laws. I lost<br />

all my hope until I heard about the<br />

RACS’ Clinic.”<br />

An elderly Clinic client<br />

Refugee Advice and Casework Service | 23


Repairing with<br />

GolD<br />

There is a traditional Japanese art-form originating in the<br />

<strong>15</strong>th century, called Kintsukuroi which means “repairing<br />

with gold”. It adds a unique aesthetic quality to broken<br />

ceramic vessels, by repairing them with gold or silver<br />

lacquer, and in turn creating an object more valuable<br />

than the unbroken original.<br />

Here at RACS, a dedicated group of lawyers and support<br />

staff work to obtain safety and protection for ordinary<br />

people from all over the world.<br />

Each person we serve has endured a journey full of<br />

travails before reaching our front door.<br />

Each person is as unique as their story.<br />

And each one of these wonderful human beings has<br />

held on in the belief that tomorrow will be better than<br />

yesterday.<br />

This important work done by RACS, of “repairing with<br />

gold” is only possible because of the contributions by<br />

you, our loyal, firm and humane supporters.<br />

Amid the funding and legislative uncertainty of the<br />

past two years, RACS simply asked our expanding<br />

circle of supporters for leadership on the issue of<br />

seeking asylum. And in that time RACS has experienced<br />

tremendous support by individuals, institutions and<br />

organisations determined to be counted on the better<br />

side of humanity.<br />

We are especially grateful for the generosity of the<br />

growing Friends of RACS circle. Thank you for making<br />

a commitment in your personal budget to support our<br />

work with a monthly donation. It provides RACS with<br />

both financial certainty and encouragement.<br />

Our sincere thanks to the grant makers and institutions<br />

which have demonstrated philanthropic leadership<br />

well before the cause of seeking asylum reached the<br />

front pages of the newspapers. These leaders include<br />

The Vincent Fairfax Family Foundation, The Scully<br />

Fund, Dooleys Lidcombe, The Chill Foundation, The Sky<br />

Foundation, The Law & Justice Foundation, the Durham<br />

Family and The Nordia Group.<br />

We thank our pro bono partners for providing the<br />

technical expertise and in-kind donations which enable<br />

us to leverage our resources. Our gratitude to: Allens<br />

Linklaters, Gilbert + Tobin, King & Wood Mallesons,<br />

Norton Rose Fulbright, Wotton + Kearney, Herbert Smith<br />

Freehills and Baker & McKenzie.<br />

Thank you to our University partners The University<br />

of New South Wales, The University of Sydney, the<br />

University of Technology, Sydney, Macquarie University,<br />

Australian National University, the University of<br />

Wollongong, the Western Sydney University, and Notre<br />

Dame University for being active in promoting human<br />

rights and social justice to your students on campus,<br />

and to your alumni further afield. Our special gratitude to<br />

the University of New South Wales for providing a new<br />

premises for RACS.<br />

We appreciate the efforts of everyone who organised<br />

and attended one of the many events held for our<br />

benefit during the year. These include the RACS Alumni<br />

Night, Good Lie Screenings, RACS Speed Dating Nights,<br />

Auburn Council’s Refugee Camp In My Neighbourhood,<br />

Crossing Borders at the National Art School, the Dooleys<br />

Christmas Fair, the Macquarie University Law Society<br />

Trivia Night, the UTS Law Society Ball, the Freedom From<br />

Fear Conference, the Scarborough Pub Big Afternoon<br />

Out, Andrew Guy’s “Nobody Needs To Know” Show,<br />

One Day Sundays, Origin-Transit-Destination at Casula<br />

Powerhouse and the Game Day at The Games Den.<br />

We acknowledge the significant support of the staff and<br />

management of our Workplace Giving partners Allens<br />

Linklaters and King & Wood Mallesons.<br />

24 | <strong>Annual</strong> <strong>Report</strong>


And we have been encouraged by the generosity of the<br />

EthicalJobs.com.au and Schwartz Media, both of whom<br />

introduced RACS to their audiences and stakeholders.<br />

Finally, we extend our deep gratitude to the numerous<br />

volunteers who give of their valuable personal time to<br />

further the claims of those seeking safety.<br />

transformational outcome in the life of one ordinary<br />

person. For this we say thank you. Together we are<br />

“repairing with gold”.<br />

Andrew Kelly<br />

Fundraising Manager<br />

It is eminently true that RACS would be much diminished<br />

without the efforts and sacrifices of each and every<br />

one of our supporters. Each contribution produces a<br />

Photo: Jonathon Shannon<br />

Refugee Advice and Casework Service | 25


How we are funded?<br />

$1000000<br />

$1,000,000<br />

800000<br />

$800,000<br />

compared to <strong>2014</strong>,<br />

600000<br />

$600,000<br />

Donations increased by<br />

400000<br />

200000<br />

$400,000<br />

$200,000<br />

over $200,000<br />

20<strong>15</strong> <strong>2014</strong><br />

0<br />

0<br />

Dentention<br />

Contracts<br />

Community<br />

Contracts<br />

Task Force<br />

Contracts<br />

Donations &<br />

fundraising<br />

Public<br />

Purpose Fund<br />

Other<br />

Grants<br />

Interest<br />

Income<br />

Other income<br />

Only 29% OF RACS INCOME<br />

CAME FROM DIBP<br />

6% INTEREST INCOME<br />

31% OTHER GRANTS<br />

3% OTHER INCOME<br />

LESS THaN 1%<br />

DENTENTION CONTRACTS<br />

29% Community<br />

Contracts<br />

COMMUNITY CONTRACTS<br />

7% public<br />

purpose fund<br />

24% Donations and<br />

fundraising<br />

26 | <strong>Annual</strong> <strong>Report</strong>


$2,000,000<br />

2000000<br />

$1,500,000<br />

<strong>15</strong>00000<br />

Expeneses = $1,753,068<br />

1000000<br />

$1,000,000<br />

Revenue = $1,294,359<br />

$500,000<br />

500000<br />

0<br />

0<br />

Revenue<br />

Expenses<br />

90% OF RACS Expenses for<br />

<strong>2014</strong>/<strong>15</strong> was employee salaries<br />

1% Premises expenses<br />

LESS THaN 1% Leasing (Printer) expenses<br />

LESS THaN 1% Sundry expenses<br />

1% Depreciation expenses<br />

2% Administration expenses<br />

2% Fundraising expenses<br />

4% Casework and<br />

Taskforce expenses<br />

Refugee Advice and Casework Service | 27


Award<br />

nominations<br />

<strong>2014</strong> Justice Awards<br />

Refugee Advice and Casework<br />

Service was a finalist for the<br />

CLCNSW Justice Award for the<br />

Legal Help for Refugees Law Clinic<br />

<strong>2014</strong> Human Rights Awards<br />

The Refugee Advice and Casework<br />

Service was a finalist for the<br />

Community award #LOGO for<br />

awards<br />

RACS’ nomination was based<br />

on 25 years of “...protecting and<br />

advocating for human rights for<br />

vulnerable asylum seekers and<br />

refugees through the provision of<br />

legal advice, case management<br />

and representation; community<br />

education; outreach services<br />

to partner organisations; and<br />

advocacy for systemic reform.”<br />

20<strong>15</strong> Zest Awards<br />

The Refugee Advice and Casework<br />

Service was a finalist in two<br />

categories<br />

• Outstanding Project<br />

promoting Social Cohesion<br />

and Community Harmony<br />

• Exceptional Community<br />

Partnership Project in a LGA<br />

RACS’ nomination was based on<br />

our successful Auburn Refugee<br />

& Asylum Seeker Legal Outreach<br />

Service, in partnership with Auburn<br />

Council and Dooleys.<br />

28 | <strong>Annual</strong> <strong>Report</strong>


Policy and<br />

Law Reform<br />

RACS, as one of the leaders in provision of legal<br />

assistance to people who seek asylum, has expertise to<br />

advocate for reform in refugee law and policy:<br />

• RACS has written numerous submissions on<br />

the draconian changes to migration law as it<br />

pertains to people seeking asylum;<br />

• RACS has visited Senators in Canberra to make<br />

representations in order to argue for a more<br />

considered approach to people seeking asylum;<br />

• Spoken to the media on issues of concern.<br />

• Informed the Australian Human Rights<br />

Commission’s inquiry into children in detention<br />

about the infringements of our clients’ human<br />

rights<br />

Refugee Advice and Casework Service | 29


Who<br />

we are<br />

THE MANAGEMENT COMMITTEE<br />

The Constitution and Rules of RACS provide that<br />

organisations and individuals may nominate<br />

representatives and individuals to the Management<br />

Committee.<br />

RACS is very grateful for the contribution of the<br />

Committee, which meets monthly to assist with<br />

governance and organisational matters.<br />

The following individuals were office-holders during<br />

<strong>2014</strong>-<strong>15</strong>:<br />

President Dr Arthur Glass, Senior Visiting Fellow<br />

at UNSW<br />

Vice President Ariel Spigelman, Account Director<br />

at a AMR<br />

Treasurer Lien Pham, Finance Manager<br />

at Grant Samuel<br />

Secretary Lucy Morgan, Policy officer at Refugee<br />

Council of Australia<br />

Public Officer Lachlan Murdoch, Deputy Director<br />

of STARTTS<br />

Committee Members<br />

Anthea Lowe, Workplace Consultant<br />

Liz Biok, Solicitor, Civil Law Division, Legal Aid – retired<br />

mid 20<strong>15</strong><br />

Tim Gordon Partner, Gilbert + Tobin<br />

Heidi Nash-Smith Partner, Wotton + Kearney<br />

Chris Yoo Investment Director, Crescent Capital Partners<br />

STAFF<br />

Tanya Jackson-Vaughan – Executive Director<br />

Legal Team<br />

Katie Wrigley - Principal Solicitor<br />

Outreach Team<br />

Jemma Hollonds - Senior Solicitor<br />

Sharara Attai, Melisa Cicak, Nadia Khan & Nargis Rajab<br />

– Solicitors<br />

Policy & Legacy Casework Team<br />

Scott Cosgriff - Senior Solicitor<br />

Rawan Arraf, Elyse Trotter – Solicitors<br />

Sylvia Arzey, Melisa Cicak & Rachael Pliner - ASC lawyers<br />

<strong>2014</strong>-<strong>15</strong><br />

Legal Help for Refugees Clinic Team<br />

Ben Lumsdaine - Senior Solicitor<br />

Alison Ryan - Clinic Coordinator<br />

Thulasi Wingeswaran - Clinic admin<br />

Primary Application & Information Service Team<br />

Julia Steward - Senior Solicitor<br />

Simon Bruck – Solicitor<br />

Sarah Dale - Child Specialist Lawyer<br />

Laura Hibbert - PAIS Coordinator<br />

Stephanie Blaker - Legal Admin<br />

Administrative Team<br />

Maja Bulut-Hallett - Office Manager<br />

Jane Turner - Client Coordinator<br />

Emma Somyden Davey - Volunteer Coordinator<br />

Financial Team<br />

Christina Portman - Business Manager<br />

Dana Dumitriu – Acting Business Manager<br />

Uma Ramprasad - Accountant<br />

RACS would like to express its gratitude to Paul Reid of<br />

KPMG, for his assistance for many years auditing our<br />

finances.<br />

Fundraising Team<br />

Andrew Kelly - Fundraising Manager<br />

Tina Posunkina - Assistant in Admin, Fundraising and<br />

Communications<br />

30 | <strong>Annual</strong> <strong>Report</strong>


Secondees<br />

Secondees from King & Wood Mallesons, Allens<br />

Linklaters and Norton Rose Fulbright joined RACS once<br />

again this year.<br />

King & Wood Mallesons - Jacob Offen and Michael<br />

Forgacs.<br />

Allens Linklaters - Jonathan Hall Spence<br />

Norton Rose Fulbright - Alex Kennedy and Amritha<br />

Thiyagarajan.<br />

RACS is immensely grateful to our partner legal firms for<br />

their ongoing support and to the individual lawyers who<br />

joined us. The hardest thing is saying goodbye at the end<br />

of their 6 months as they so quickly become an essential<br />

part of our team<br />

Amritha Thiyagarajan –<br />

secondee from Norton Rose<br />

Fulbright<br />

Working at RACS was<br />

both a humbling and<br />

enriching experience.<br />

I was given significant<br />

autonomy in running client files, and I learnt about<br />

the processes involved in developing the best<br />

strategy to give your client the highest chance of<br />

success. Although it was challenging at times, I<br />

feel really fortunate to have had this opportunity<br />

through the secondment program at Norton Rose<br />

Fulbright. The lawyers at RACS inspired me every<br />

day with their tenacity and passion for what they<br />

do. I am proud to have worked alongside such<br />

exceptional individuals, and to have contributed<br />

to such valuable work. I’m sure I will take this<br />

experience forward as one of the highlights of my<br />

legal career.<br />

Aarthi Sridharan 20<strong>15</strong><br />

– secondee from Mallesons<br />

I have thoroughly enjoyed<br />

being the KWM secondee<br />

to RACS (Aug 20<strong>15</strong> to<br />

Feb 2016). I have truly<br />

appreciated the opportunity<br />

to observe highly intelligent and passionate<br />

solicitors and staff at an organisation which does<br />

crucial work for its clients in an ever changing and<br />

challenging legal environment. Having been given<br />

responsibility for approximately 40 casework files,<br />

I have learnt invaluable legal and advocacy skills,<br />

which I will take with me for the rest of my legal<br />

career. Aside from casework, I have also had the<br />

chance to give telephone advice on a regular basis<br />

and to participate in other RACS staff sessions. The<br />

collaborative and encouraging RACS environment<br />

has also allowed me to make life long friendships<br />

with truly inspirational staff and volunteers.<br />

Refugee Advice and Casework Service | 31


Volunteers<br />

Reflections<br />

Erin Steward, Law Student- University of Missouri<br />

Kansas City, School of Law an intern at the<br />

University of Santa Clara<br />

On my first day at RACS, I was warmly greeted by<br />

everyone and was able to get right to work within a<br />

day of starting. I have spent my time here working<br />

to support asylum claims of unaccompanied<br />

minors who came to Australia by boat. I conducted<br />

a lot of research on the country conditions from<br />

the different countries from which these clients<br />

originated. I was able to help build claims to aid<br />

these clients and their lawyer in court and hopefully<br />

win their claims of asylum.<br />

Although I only spent 6 weeks at RACS, I feel as<br />

though I was able to really become infused into<br />

how the Australian processes of refugee asylum<br />

works through both my research and the several<br />

trainings I attended while working here.<br />

Will De Waal, student volunteer<br />

I’ve been volunteering at RACS since mid-<strong>2014</strong>. I<br />

draft legal submissions, complete country of origin<br />

research, and assist RACS lawyers with a vast<br />

range of other tasks. Along the way, I’ve had the<br />

pleasure of working closely with many of RACS’<br />

clients, and a large portion of the RACS team.<br />

Even now, I find each day challenging - but also<br />

immensely enjoyable and rewarding. RACS’ clients<br />

are in an exceptionally precarious position, and<br />

RACS is their lifeline. This means that the work<br />

RACS does is serious business - but it also fosters<br />

a close, warm RACS family, united by the pursuit for<br />

justice. The team is extremely passionate, spirited<br />

and resilient, and they continue to inspire me to be<br />

a better advocate and a better person.<br />

I will really miss everyone at RACS because<br />

they made my experience here that much more<br />

enjoyable. I certainly won’t have an issue reaching<br />

out to anyone at RACS in the future about any<br />

questions I may have about Refugee Law. I will<br />

have lots of wonderful things to tell my family and<br />

friends upon my return to the United States!<br />

Thank you RACS for the fantastic volunteer<br />

internship opportunity!<br />

32 | <strong>Annual</strong> <strong>Report</strong>


A total of 366 volunteers<br />

assisted RACS this year<br />

The sustained impact on RACS of the professionalism, willingness to<br />

learn and patience of each volunteer as they support our solicitors in<br />

a complex system, the community support and networks that they bring<br />

with them, and the positive ambassadorship on asylum seeker issues that<br />

they are then able contribute to their own communities is priceless<br />

To put a dollar value on their support is hard but we estimated<br />

RACS was provided a total of<br />

$896,000 in volunteer support<br />

Refugee Advice and Casework Service | 33


our<br />

volunteers<br />

Volunteers for the Legal<br />

Help For Refugees Clinic<br />

86 Volunteer Interpreters<br />

Ahsan Ali Khan<br />

Nisar Ali Yawari<br />

Noorulhaq Abdul Mutalib<br />

Ibthal Ahmed<br />

Ali Ali<br />

Sonia Ali<br />

Akhgar Amena<br />

Christine Asani<br />

Nour Aslalemi<br />

Akhtar Azhar (Ozzie)<br />

Ali Aziz<br />

Elspeth Carruther<br />

Jessie Cheng<br />

Alan Dadban<br />

Musood Darwoosh<br />

Tamara Dawood<br />

Viji Dhayanathan<br />

Norma Diaz<br />

Elaheh<br />

Vivian Escudero<br />

Fatima Fayiz<br />

Aarti Gautam<br />

Marion Gevers<br />

Batool Haidary<br />

Behzad Hajari<br />

Kholoud Halabi<br />

Sayed Hashemi<br />

Xing He<br />

Antonio Hernandez<br />

Zahwat Hoballah<br />

Lutfun Hossain<br />

Mohsen Hussaini<br />

Anwer Jabeen<br />

Shalini Janaki<br />

Selvarani Kala<br />

Keeth<br />

Anzer Khan<br />

Faaris Khan<br />

Bernard Khoshaba<br />

Brian Lee<br />

Jack Meng<br />

Sharly Mesbahamin<br />

Kim Michelle<br />

Dale Mundey<br />

Annas Nadeem<br />

Nagaratnam<br />

Ahmad Naman<br />

Ahmed Naman<br />

Nada Obaidy<br />

Paheer Paheerathan<br />

Mohammad Qabba<br />

Qasim<br />

Maheen Qazi<br />

Sun Qi<br />

Ahmed Rahman<br />

Kumar Ratnakumar<br />

Mohammad Raza<br />

Ahmad Reza Khedry<br />

Alia Saab<br />

Hala Saab<br />

Ayesha Saeed<br />

Faranak Safaei<br />

Julia Sakr<br />

Sangaralingam<br />

Juliana Seiguerman<br />

Sujan Selven<br />

Marwa Shaban<br />

Fatima Shafaie<br />

Vivek Shah<br />

Garry Singh<br />

Muhammad Sukhera<br />

Ramsha Sulaman<br />

Maissa Swellam<br />

Shukufa Tahiri<br />

Yasir Talib<br />

Atina Tavan<br />

Jey Thirukumar<br />

Jennifer Toisuta<br />

Ulaganayaki (Ula)<br />

Dilini Withanage<br />

Vivi Yangyang<br />

Jing Zhang<br />

Supervising Migration<br />

Lawyers for Legal Help for<br />

Refugees Clinic<br />

5 Volunteers from<br />

Legal Aid<br />

Elizabeth Biok<br />

Simon Bruck<br />

Yolanda D’Aquino<br />

Bill Georgiannis<br />

Anne Himmelreich<br />

3 Clinic Supervisors<br />

Steven Glass<br />

Rachael Pliner<br />

Amelia Avery Williams<br />

107 Statement Taking<br />

Lawyers for Legal Help for<br />

Refugees Clinic<br />

Nina Abbey<br />

Matthew Algie<br />

Ali Ali<br />

Arnjali Amara<br />

Indira Beqaj<br />

Christine Bourke<br />

Georgie Bright<br />

Sarah Brown<br />

Rosemary Bullmore<br />

Matthew Butt<br />

Matthew Byrnes<br />

Nicola Cannon<br />

Julia Catanzariti<br />

Babu Chokkappa<br />

Emily Collett<br />

Hamish Collings-Begg<br />

Félix Delhomme<br />

Rhiannon Dimitri<br />

Jerome DORAISAMY<br />

Jasmin Douglas<br />

Dominic Eberl<br />

Sheri Enkeshafi<br />

Daniela Fazio<br />

Mary Flanagan<br />

Jannelle Gaggin<br />

Daniel Garan<br />

Kate Gauld<br />

Katie Gauld<br />

Erin Gavin<br />

Hannah Gray<br />

Parisa Hart<br />

Jess Harvie<br />

Miran Hosny<br />

Atika Hussain<br />

Luke Jacob<br />

Adikari Jaya<br />

Minji Jeong<br />

Anita Joseph<br />

Lisa Kastropil<br />

David Kennedy<br />

34 | <strong>Annual</strong> <strong>Report</strong>


Nathan Kennedy<br />

Sherry Khalili<br />

Rose Khalilizadeh<br />

Hee-Jung Kim<br />

Anastasia Krivenkova<br />

Gemma Lardner<br />

Rebecca Leabeater<br />

Trieu Leculier<br />

Norm Lee<br />

Jimmy Li<br />

Philippa Macaskill<br />

Philippa Macintosh<br />

James Mack<br />

Abarnaa Mahendran<br />

Mary Mansfield<br />

Sapna Mantena<br />

Grant Mason<br />

Rosie Mathlin<br />

Michael McCarthy<br />

Harriet McCormick<br />

Isobel McGarity<br />

Vanessa McGlynn<br />

Greg McKay<br />

Janette McLennan<br />

Rachael Miles<br />

Riona Moodley<br />

James Moshides<br />

Aparna Nanayakkara<br />

Maria Nawaz<br />

Marco Nesbeth<br />

Heather Ng<br />

Enda O’Ceallachain<br />

Aurora Pack<br />

Hashini Pandaitharatne<br />

Lucia Pante<br />

Haren Pararajasingham<br />

Antonina Pilat<br />

Qasim Rafool<br />

Jalal Razi<br />

Clementine Rendle<br />

Kim Rowlands<br />

Tali Rubinstein<br />

Hala Saab<br />

Phillip Saggers<br />

Alison Saunders<br />

Charlottee Saunders<br />

Rozita Serkhani<br />

Felipe Serra- Martins<br />

Deepak Shankar<br />

Rimmika Shankar<br />

Sally Shrubb<br />

Michael Simmons<br />

Pallavi Sinha<br />

Kimberly Soleymani<br />

Lara Song<br />

Rebekah Stevens<br />

Sophie Swart<br />

Rachel Swift<br />

Violeta Torbarac<br />

Kanagasabai Vasan<br />

Alex Vaughan<br />

Julian Vido<br />

Ben Williams<br />

Susan Winfield<br />

Chris Chi Wong<br />

Ken Wong<br />

Kathy Zonnoorian<br />

23 Student Volunteer<br />

Form Fillers<br />

Anna Braye<br />

Shamma Clarke<br />

Brett Doull<br />

Christine Harb<br />

Sally Hewetson<br />

Rachel Ho<br />

Joo Ik Kim<br />

Caleb Kim<br />

Jiao Li<br />

Kate Luckman<br />

Barnaby McDonald<br />

Kamilya Nelson<br />

Kemi Olafuyi<br />

Lauren Oliver<br />

Bonnie Paton<br />

Dilara Reznikas<br />

Jacinda Valeontis<br />

Elizabeth Vasta<br />

Tanya Vithilingum<br />

Anna Vu<br />

Jacinta Wang<br />

Jackson Wherret<br />

Genevieive Wilks<br />

29 Evening Advice<br />

Migration Lawyers<br />

Amelia Avery-Williams<br />

Emma Bathurst<br />

Louise Boon Kuo<br />

Stuart Brady<br />

Babu Chokkappa<br />

Tess Deegan<br />

Michael Forgacs<br />

David Freyne<br />

Steven Glass<br />

Jonathan Hall Spence<br />

Hagen Jewell<br />

Alex Kennedy<br />

Hee-Jung Kim<br />

Anastasia Krivenkova<br />

Trieu Leculier<br />

Kate McCrossin<br />

Haley McEwen<br />

Melanie Montalban<br />

Hai-Van Nguyen<br />

Jacob Offen<br />

Haren Pararajasingham<br />

Rachael Pliner<br />

Annabel Pope<br />

Jessie Porteus<br />

Hannah Quadrio<br />

Philip Saggers<br />

Michael Simmons<br />

Josh Strutt<br />

Amritha Thiyagarajan<br />

100 Student Volunteers,<br />

Practical Legal Training<br />

Students and Work<br />

Experience Students<br />

AYalda Ali<br />

Adwar Alkhamesi<br />

Samar Alrawi<br />

Selma Bekric<br />

Andrew ell<br />

Willabel Grindley Bennett<br />

Kristine Biason<br />

Michael Brull<br />

Rebecca Campbell<br />

Rachel Cao<br />

Charis Chan<br />

Christina Choi<br />

Jung Yeon Choi<br />

Adam Coles<br />

Caitlin Comensoli<br />

Hugh Dalton<br />

Musood Darwoosh<br />

Will de Waal<br />

Refugee Advice and Casework Service | 35


Corinne Deall<br />

Katie McCarthy<br />

Vanessa Trang<br />

Matt Ottley<br />

Felix Simon Delhomme<br />

Jocelyn McGarity<br />

Olivia Vallieres<br />

Felix Palmer<br />

Jenna Dolecek<br />

Christina McLellan<br />

Rachel Walgers<br />

Lucy Pedrana<br />

Nadia Elads<br />

Lara Emery<br />

Vivian Andrea Escudero<br />

Eliza Fitzgerald<br />

Aavriti Gautam<br />

Lachlan Gell<br />

Suraya Ghaznawee<br />

Hannah Gray<br />

Rebecca Greenwood<br />

Thandiwe Gudu<br />

Ella-Jane Harris<br />

Ursula Hartung<br />

Tamanna Hashemee<br />

Reuben Hernandez<br />

Catherine Holbeche<br />

Saya Hussain<br />

Luke Jacob<br />

Stephanie Jones<br />

Anita Joseph<br />

Selva Kala<br />

Marium Khan<br />

Jooik Kim<br />

Kyu Won Timothy Kim<br />

Young-Joon (Dan) Kim<br />

Celine Lai<br />

Kristy Lee<br />

Jonathan Leung<br />

Yasmine Lewis<br />

Larissa Lima-Smith<br />

Courtney Lor<br />

Sean Loughland<br />

Erasmus Lovell-Jones<br />

Suvan Madan<br />

Abarnaa Mahendran<br />

Catherine Clare Meehan-<br />

McCarthy<br />

Geraldine Menere<br />

Manna Mostaghim<br />

Sahana Navaratnam<br />

Likim Ng<br />

Grace O’Connor<br />

Nirubamathy Palanivel<br />

Parisa Parto<br />

Lucy Pedrana<br />

Udit Pillay<br />

Chelvaretna Poheerelhan<br />

Brodie Purdon<br />

Rachelle Rahme<br />

Sarah-Jane Rantzen<br />

Kate Read<br />

Rebecca Rolls<br />

Zita Rush<br />

Hannah Ryan<br />

Meredith Rynan<br />

Arnjali Sabapathy<br />

Marcela Salcado Mar<br />

Felipe Serra-Martins<br />

Chandan Sharma<br />

Emily Shipp<br />

Aditya Shivam<br />

James Souter<br />

Thikshika Sribalakrishnan<br />

Nina Stammbach<br />

Rebecca Stokes<br />

Nicholas Swart<br />

Magny Taame<br />

Nathan Tew<br />

Jordan Thurling<br />

Julianne Tonini<br />

Lorraine Walsh<br />

Michelle Yu<br />

Zeinab Zein<br />

Casey Zuiderwyk<br />

Fundraising & Events<br />

Volunteers<br />

Abraham Ajok<br />

Abed Al Zireg<br />

Selma Becrac<br />

Michael Brull<br />

Bianca Caruana<br />

Ying Chin<br />

Erin Cooney<br />

Hugh Dalton<br />

Emma Davies<br />

Will De Waal<br />

Kate Delany<br />

Will Dunn<br />

Emily Elise<br />

Jackson Gallagher<br />

Isabella Giovinazzo<br />

Tamanna Hashemee<br />

Ruben Hernandez<br />

Claire Higgins<br />

Atika Hussein<br />

Hina Khan<br />

Nadine Koroleva<br />

Jonathan Leung<br />

Julia Mahoney<br />

Aaron Manhattan<br />

Jocelyn McGarity<br />

Isobel McGarity<br />

Sen Raj<br />

Kate Read<br />

Georgia Regan<br />

Felipe Serra Martins<br />

Jeremy Shaw<br />

Larissa Smith<br />

Tiksi Sribalakrishnan<br />

Jordan Thurling<br />

Julianne Tonini<br />

Rachel Walgers<br />

Eric Waterstadt<br />

Counsel<br />

Michael Finnane QC<br />

Victor Kline<br />

Jonathan Simpkins SC<br />

Ben Symons<br />

Stephen Tully<br />

executive assistant<br />

volunteer<br />

Erin Cooney<br />

36 | <strong>Annual</strong> <strong>Report</strong>


Refugee Advice and Casework Service | 37


Funding<br />

Partners<br />

AUBURN CITY COUNCIL<br />

Many Cultures One Community<br />

The Scully Fund<br />

Chill Foundation<br />

Sky Foundation<br />

Nordia Foundatoin<br />

Durham Family Trust<br />

38 | <strong>Annual</strong> <strong>Report</strong>


Significant Donors<br />

Anne-Marie Allgrove<br />

Sarah Andrews<br />

Peter Banki<br />

Deborah Barlow<br />

David Barrow<br />

Dominic & Patrice Beirne<br />

Lisa Byleveld<br />

David Chan<br />

Azadeh Dastyari<br />

Edward Genocchio<br />

Catherine Greenhill<br />

Yoram & Rachel Gross<br />

Joe Harman<br />

Michael & Margaret Hogan<br />

Yoshi Jones<br />

Andrew Kaldor<br />

Mary McCallum<br />

Haley McEwen<br />

Bruce McGarity<br />

Paul Mulroney<br />

Peter Murphy<br />

Cate Poynton<br />

Colin Roden<br />

Jeff Siegel<br />

Malcolm Stephens<br />

Anthony Tanti<br />

Andrew Tingley<br />

Reece Turner<br />

Kristen Walker<br />

Vera Yee<br />

Christopher Yoo<br />

One Day Sundays<br />

Strategic Partners<br />

University of New South Wales<br />

University of New South Wales<br />

Law Faculty<br />

Univeristy of Technology Sydney<br />

Jesuit Refugee Service<br />

Red Cross<br />

Pro Bono Partners<br />

Allens Linklaters<br />

Baker & McKenzie<br />

Gilbert +Tobin<br />

Henry Davis York<br />

Herbert Smith Freehills<br />

Hicksons<br />

King & Wood Mallesons<br />

Norton Rose Fullbright<br />

Wotton & Kearney<br />

Refugee Advice and Casework Service | 39


our year in review<br />

2977<br />

Telephone Advice Sessions<br />

Projects No. Unique pieces of advise No. of Clients<br />

Auburn Outreach 512 441<br />

Parramatta Outreach 213 192<br />

ASC Outreach 378 217<br />

Family Reunion 220 118<br />

Detention 7 7<br />

730<br />

Face-to-Face<br />

Advice Sessions<br />

20 Family reunion<br />

133<br />

Unaccompanied<br />

Children<br />

people seeking asylum assisted to complete<br />

Freedom of Information forms: 1000+<br />

people seeking asylum assisted to write their statement of why they<br />

cannot return home ( 3 hour appointment with volunteer lawyer): 570<br />

Referrals made to community organisations to complete 866 or 790<br />

application forms: 88<br />

Pre-Lodgement Legal Advice appointments provided with a<br />

Migration Agent: 61<br />

Referrals to Amnesty International to assist asylum seekers with<br />

country information related to their claims: <strong>15</strong>.<br />

40 | <strong>Annual</strong> <strong>Report</strong>


Adélie Land (France) 4 Afghanistan 389 Algeria 2 Argentina 1 Australia 23<br />

Bahrain 1 Bangladesh 119 Belarus 1 Bhutan 1 Brazil 3 Burkina Faso 1 Burma<br />

(Myanmar) <strong>15</strong>7 Burundi 11 Cambodia 3 Cameroon 13 Chad 1 China (excludes SARs<br />

and Taiwan Province) 57 Colombia 6 Congo 2 Congo, Democratic Republic of<br />

2 Cote d’Ivoire 2 Czech Republic 1 Egypt 27 Eritrea 4 Estonia 1 Ethiopia 4 Fiji<br />

37 Finland 1 France 1 Gaza Strip and West Bank 1 Georgia 11 Ghana 3 Guinea 4<br />

Honduras 1 India 38 Indonesia<br />

20 Iran 546 Iraq 230 Israel<br />

1 Jordan 13 Kenya 1 Korea, Democratic<br />

People’s Republic<br />

of (North) 8 Korea,<br />

Republic of THE RACS TEAM HELPED (South) 1 Kuwait<br />

12 Kyrgyz Republic 1<br />

OVER 2827 Persons Seeking<br />

Lebanon 31<br />

Liberia 2 Libya<br />

7 Lithuania<br />

Asylum from 90 different<br />

1 Malaysia<br />

18 Mauritius 1 Mexico 1<br />

Mongolia 7<br />

countries in <strong>2014</strong>-<strong>15</strong><br />

Morocco 3<br />

Nepal 20 New Zealand 1<br />

Nicaragua 1 Nigeria<br />

31 Northern Ireland<br />

1 Not stated 110 Pakistan 192 Palestine 16 Papua<br />

New Guinea 13 Peru 2 Philippines 6 Poland 1 Qatar 1 Reunion 1 Russian Federation<br />

8 Rwanda 6 Saudi Arabia 5 Sierra Leone 5 Singapore 1 Somalia 27 South Africa<br />

5 Sri Lanka 398 Stateless 5 Sudan 21 Sweden 1 Syria 30 Tanzania 2 Thailand<br />

1 Tonga 2 Turkey 20 Uganda 10 Ukraine 6 United Arab Emirates 2 Uruguay 1<br />

Venezuela 1 Viet Nam 22 Western Sahara 1 Yemen 7 Zimbabwe 7<br />

Refugee Advice and Casework Service | 41


Financial<br />

<strong>Report</strong>ing<br />

<strong>2014</strong>/<strong>15</strong><br />

42 | <strong>Annual</strong> <strong>Report</strong>


Refugee Advice and Casework Service | 43


44 | <strong>Annual</strong> <strong>Report</strong>


Refugee Advice and Casework Service | 45


46 | <strong>Annual</strong> <strong>Report</strong>


Refugee Advice and Casework Service | 47


48 | <strong>Annual</strong> <strong>Report</strong>


Refugee Advice and Casework Service | 49


50 | <strong>Annual</strong> <strong>Report</strong>


Refugee Advice and Casework Service | 51


52 | <strong>Annual</strong> <strong>Report</strong>


Refugee Advice and Casework Service | 53


54 | <strong>Annual</strong> <strong>Report</strong>


Glossary<br />

AFP – Australian Federal Police<br />

ASC – Asylum Seekers Centre<br />

CPD Session – Continuing professional development<br />

session<br />

DIBP – Department of Immigration and Border<br />

Protection<br />

FOI – Freedom of Information<br />

IAAAS - Immigration Advice and Application Assistance<br />

Scheme<br />

JRS – Jesuit Refugee Service<br />

PAIS – Primary Application Information Service<br />

RACS – Refugee Advice and Casework Service<br />

SHEV – Safe Heaven Enterprise Visa<br />

SSI – Settlement Services International<br />

STARTTS - Service for the Treatment and Rehabilitation<br />

of Torture and Trauma Survivors<br />

TPV – Temporary Protection Visa<br />

Refugee Advice and Casework Service | 55


www.racs.org.au<br />

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