Refugee Advocacy Service of South Australia
Refugee Advocacy Service of South Australia Inc. is a non-profit Community Legal Centre in South Australia. It was set up in 2002 to represent asylum-seekers in the Federal Court of Australia. From about 2007, it was de-funded and ceased to exist. It has, however, now began functioning again in order to assist asylum-seekers in the community in South Australia whose applications are still being processed.
History
In April 2002, a group of lawyers from the Woomera Lawyers' Group set up and established the Refugee Advocacy Service of South Australia Inc.. The purpose of the center was to organise and centralise files for the vast number of asylum seekers who had sought, or were seeking, a judicial review of their original decisions in the Federal Court of Australia.RASSA was originally conceived as a. However, it was not always able to locate appropriate solicitors. It often went on file as the instructing solicitor. Almost all of the work performed by the service or through the service was on a pro bono basis, with the exception of one employed legal officer or lawyer who worked part-time and one employed administrative officer. A group of lawyers, often comprising board members and other senior lawyers, reviewed each file to determine whether there was a prospect of a case being run. The legal officer and the board, who almost without exception were legally trained, would then seek out pro bono counsel to run the case.
RASSA's purpose was to provide legal representation for asylum seekers in the Federal Court of Australia and to assist asylum seekers in getting their cases remitted back to the Refugee Review Tribunal. RASSA's efforts were frustrated by the Commonwealth Parliament's inclusion of a privative clause into the Migration Act. This clause narrowly restricted the grounds of judicial review.
RASSA survived almost entirely on donations sent in from supportive members of the community or from fund raising events. RASSA was also awarded several grants. The centre also accumulated a number of cost orders which were donated by counsel when granted orders whilst acting for asylum seekers on behalf of the service.
The service was recognised as filling a major gap in legal services to a marginalised minority in a time of acute sensitivity in the Australian community to the issue of refugees.
Founding board members
A number of South Australian lawyers contributed to assisting refugees. Some of these lawyers founded RASSA. The original founding board members, those who held office on the executive at various points throughout the first year, were:- Gordon Barrett QC: Later appointed to the District Court of South Australia
- Kris Hanna M.P.: Former member of the South Australian Legislative Assembly
- Kaz Eaton: Solicitor at Bourne Lawyers
- Graham Harbord: Partner at Johnston Withers
- Aleecia Murray: later crowned Young Australian Lawyer of the Year by the Law Council of Australia for her work with RASSA and worked for the Lao Bar association
- Nicholas Llewellyn-Jones: Represented the Baxter protestors on behalf of Westside Lawyers. Instructing solicitor for the Australian Workers' Union in the landmark decision of Australian Industrial Relations Commission in the Three certified agreements case and part of the South Australian legal team in New South Wales v Commonwealth.
- Abby Hamdan: Instructing solicitor and junior counsel to Claire O'Conor in High Court of Australia in Al-Kateb v Godwin, and later became famous as she was pursued by the Commonwealth in a case involving privileged communication between her and one of her clients who was an asylum seeker MIMIA v Hamdan.
Other major contributors
- Robyn Layton
- Deslie Billich
- Faun Harbord
- Taruna McLean
- Thea Birss
- Kristy Molloy
Activities
It acted on a pro bono basis for refugees in a number of cases, including the following:
2002
- Shahram Dorraji v Minister for Immigration Multicultural Affairs FCA 765
- SBAK v Minister for Immigration Multicultural Indigenous Affairs FCA 731
- Minister for Immigration Multicultural Affairs v SBAA FCAFC 195
- SBBR v Minister for Immigration Multicultural Indigenous Affairs FCA 842
- SCAN v Minister for Immigration FMCA 129
- SDAD v Minister for Immigration FMCA 132
- SDAH v Minister for Immigration Multicultural Indigenous Affairs FCA 1033
- SDAG v Minister for Immigration Multicultural Indigenous Affairs FCA 1051
- SDAA SDAB v Minister for Immigration FMCA 184
- SDAF v Minister for Immigration FMCA 187
- WAAG v Minister for Immigration FMCA 191
- SFLB Anor v Minister for Immigration FMCA 196
- SBBG v Minister for Immigration Multicultural Indigenous Affairs FCA 1451
- SCAZ v Minister for Immigration Multicultural Indigenous Affairs FCA 1377
- SFGB v Minister for Immigration Multicultural Indigenous Affairs FCA 1389
- SDAN v Minister for Immigration and Multicultural and Indigenous Affairs FCAFC 351
- SBBS v Minister for Immigration Multicultural Indigenous Affairs FCAFC 361
- SBBJ v Minister for Immigration and Multicultural and Indigenous Affairs FCA 761
- SCAR v Minister for Immigration Multicultural Indigenous Affairs FCA 1481
- SCAX v Minister for Immigration and Multicultural and Indigenous Affairs FCA 1483
- Minister for Immigration Multicultural Indigenous Affairsv SBAN FCAFC 431
- SGJB v Minister for Immigration Multicultural Indigenous Affairs FCA 1601
2003
- SGDB v Minister for Immigration Multicultural Indigenous Affairs FCA 74
- SDAO Anor v Minister for Immigration Multicultural Indigenous Affairs FCA 132
- SCAN v Minister for Immigration Multicultural Indigenous Affairs FCA 168
- SGLB v Minister for Immigration Multicultural Indigenous Affairs FCA 176
- SGKB v Minister for Immigration Multicultural Indigenous Affairs FCAFC 44
- SHCB v Minister for Immigration Multicultural Indigenous Affairs FCA 229
- Minister for Immigration Multicultural Indigenous Affairsv WAAG FCAFC 60
- SHBB v Minister for Immigration FMCA 82
- SGGB SGHB v Minister for Immigration FMCA 367
- SGNB v Minister for Immigration FMCA 38
- SBBA v Minister for Immigration Multicultural Indigenous Affairs FCAFC 90
- SDAF v Minister for Immigration Multicultural Indigenous Affairs FCAFC 127
- SFTB v Minister for Immigration Multicultural Indigenous Affairs FCAFC 108
- SGDB v Minister for Immigration FMCA 127
- SBBG v Minister for Immigration Multicultural Indigenous Affairs FCAFC 121
- Minister for Immigration Multicultural Indigenous Affairsv SCAR FCAFC 126
- WAGL v Minister for Immigration Multicultural Indigenous Affairs FCA 595
- SGBB v Minister for Immigration Multicultural Indigenous Affairs FCA 709
- WABR v MIMA HCATrans 304
- MIMIA v SGLB HCATrans 296
- MIMIA v SGKB HCATrans 313
- Minister for Immigration Multicultural Indigenous Affairs v VFAY FCAFC 191
- SGNB v Minister for Immigration Multicultural Indigenous Affairs FCA 886
- SAAK v Minister for Immigration Multicultural Indigenous Affairs FCA 921
- WAHI v Minister for Immigration Multicultural Indigenous Affairs FCA 908
- SGCB v Minister for Immigration Multicultural Indigenous Affairs FCA 909
- SGCB v Minister for Immigration FMCA 464
- Minister for Immigration Multicultural Indigenous Affairsv SGJB FCAFC 290
- SHCB v Minister for Immigration Multicultural Indigenous Affairs FCAFC 308
2004
- Secretary, Department of Immigration and Multicultural and Indigenous Affairs v Mastipour FCAFC 93
- MIMIA v SGLB HCATrans 9
- SGDB v Minister for Immigration Multicultural Indigenous Affairs FCAFC 59
- VQAB v Minister for Immigration Multicultural Indigenous Affairs FCAFC 104
- WAJS v Minister for Immigration and Multicultural and Indigenous Affairs FCAFC 139
- WAJW v Minister for Immigration FMCA 114
- WAGO v Minister for Immigration FMCA 412
- SFLB Anor v MIMIA HCATrans 301
- SFHB v Minister for Immigration FMCA 317
- Rahmatullah v Minister for Immigration Multicultural Indigenous Affairs FCAFC 200
- WAJW v Minister for Immigration Multicultural Indigenous Affairs FCAFC 330
2005
- SQMB v Minister for Immigration Multicultural Indigenous Affairs FCA 98
- SCAF v Minister for Immigration Multicultural Indigenous Affairs FCA 237
- SZDNI v Minister for Immigration Multicultural Indigenous Affairs FCA 253
- Nguyen and Minister for Immigration and Multicultural and Indigenous Affairs AATA 444
- NABE v MIMIA HCATrans 473
- SQLB v Minister for Immigration Multicultural Indigenous Affairs FCA 1151
- SYVB v Refugee Review Tribunal FCA 1093
- SXGB v Minister for Immigration FMCA 1182
2006
- Applicant M67/2003 v Minister for Immigration and Multicultural Affairs FCA 74
- 74/06 Applicant M67/2003 v Minister for Immigration and Multicultural Affairs FCA 76
UN communications
- Shafiq v Australia
- Shams et al. v Australia
Recognition
The service was awarded a special notice from Australian Human Rights and Equal Opportunity Commission in 2003.