ANNUAL REPORT

Transcription

1 Refugee and Immigration Legal Service ANNUAL REPORT A service based on the belief that access to appropriate legal assistance and equity in legal representation is a basic right of all people from disadvantaged backgrounds. We strive for access to justice especially for migrants, refugees and people from marginalized sections of society Page 0

2 Refugee and Immigration Legal Service Inc. 170 Boundary Street West End, Brisbane Queensland 4101 Page 1

3 INTRODUCTION The Refugee and Immigration Legal Service (RAILS) is the only specialist provider of free legal advice to migrants and refugees in Queensland. RAILS is a leading non-profit community legal centre specializing in Australian immigration and refugee law and community legal education. It began as the South Brisbane Legal Service in 1980 and is the second oldest community legal centre in Queensland. RAILS is part of the national Community Legal Centre movement and obtains core funding from State and Commonwealth governments under the Community Legal Service Program (CLSP), the Department of Immigration and Border Protection, as well as project funding and donations. Page 2

4 Refugee and Immigration Legal Service Inc. 170 Boundary Street West End, Brisbane Queensland 4101 Page 3

5 RAILS VISION Making Justice accessible to a diverse community RAILS MISSION Provide a holistic and sustainable legal service for vulnerable refugees and migrants through legal assistance, education and advocacy RAILS VALUES Access to justice Client-centered Ethical practice Diversity Independence HOURS OF OPERATION: Monday to Friday 9.00 am 5.00 pm Monday and Wednesday 6.00 pm 8.30 pm Evening advice sessions Tuesday 10 am to 12 noon & 2.00 pm to 4.pm Protection Visas clinics Monday and Thursday 2.00 pm to 5.00 pm Telephone advice to Regional Queensland. Friday 9.00 am 5.pm General Family Law Advice clinics Last Wednesday of the month 6.00 pm 8.30 pm Employment advice sessions RAILS GOALS Provide a community based legal service that meets the needs of refugees and migrants Improve the capacity of the community to promote and deliver greater access to justice for refugees and migrants Promote a humanitarian approach in the formulation and administration of law, policy and procedures as they affect refugees and migrants Provide an innovative, quality and cost effective legal service Page 4

6 MANAGEMENT COMMITTEE PROFILES KATHLEEN DARE PRESIDENT Kathleen has been admitted to practice as a solicitor since During that period she has worked in private practice, in community legal centres, including the Tenants Union, RAILS and Queensland Advocacy. She is a past member of the Guardianship and Administration Tribunal and has taught in the Justice Studies School within the QUT Law Faculty and at the College of Law. Kathleen is a current member of the Mental Health Review Tribunal and has her own legal practice as a sole practitioner. GARY BODDY SECRETARY Gary holds a Dip Teach, B Ed. He has been connected with RAILS since the service commenced in the early 1980s at the Brisbane Migrant Resource Centre as one of the first volunteer night coordinators, a role in which he continued through to 1990 when he moved to the UK for five years. He has worked in education as a teacher and policy officer both in Queensland and in the UK. Gary moved from Education Queensland to Queensland Health in the late 1990s where he served as a senior bureaucrat in public health programs most recently as a Unit Director in the Communicable Diseases Branch. MARK GRIFFIOEN TREASURER Mark joined the Management Committee at the AGM in 2012 and was appointed Treasurer in February Mark currently holds the position of Director Corporate Services at Longreach Regional Council. Prior to this role, Mark was Director Corporate Services at Scenic Rim Regional Council in Beaudesert. Mark has 18 years' experience in Local Government and has held senior positions in New South Wales, New Zealand, Northern Territory and Queensland. Mark has a Bachelor of Financial Administration and is a Fellow of CPA Australia. ROBIN LONERGAN MEMBER Robin is a partner at TressCox Lawyers and has 30 years' experience advising on all aspects of contract and corporate law. He has acted for Australian and international clients in the mining and energy, construction, tourism, property and telecommunications industries. Robin Lonergan was selected for inclusion in the Asia Pacific Legal 500 (2013/14) for Corporate/M&A. Refugee and Immigration Legal Service Inc. 170 Boundary Street West End, Brisbane Queensland 4101 Page 5

7 NITRA KIDSON MEMBER Nitra is a Barrister in private practice and specialises in administrative law. Nitra first joined the South Brisbane Immigration and Community Legal Service (now known as RAILS) as a solicitor/caseworker in She advocated on behalf of clients and also represented the organisation on the Board of the Refugee Council of Australia and in many other forums. HEATHER NANCARROW MEMBER Heather is the Chief Executive Officer, Australia s National Research Organisation for Women s Safety Limited (ANROWS). She has a BA (Social Science) and a Master of Arts (First Class Honours) in Criminology and Criminal Justice. Heather has worked in the field of prevention of violence against women for more than 30 years, including direct service provision; management of government policy and legislation and research and professional development. Heather was the foundation Director of the Queensland Centre for Domestic and Family Violence Research from 2003 until her move to ANROWS. She has held many leadership roles at both the state and national level in regard to policy on the prevention of violence against women. Heather was a founding member of the Migrant Women s Emergency Support Service (trading as the Immigrant Women s Support Service IWSS), established in 1986, and was awarded lifetime membership of that organisation on the occasion of its 25 th anniversary. In addition, Heather has served on the IWSS management committee on several occasions, including as chair in Heather joined the RAILS committee at the last AGM but has been a long-time supporter of its work. Page 6

8 Refugee and Immigration Legal Service Inc. 170 Boundary Street West End, Brisbane Queensland 4101 Page 7

9 OUR STAFF RAQUEL ALDUNATE MARIA FERNANDA DONAGHY MAGDALENA DZIENIS KARINA FONSECA ANGUS FRANCIS GRACE GATBONTON- PRINCE SANDRA GOULD LORRAINE HILL TAYA HUNT ROBERT LACHOWICZ KYLIE MCGRATH DARRYL SEAN MCNEILL NOEL REEVES BRUCE WELLS DIRECTOR RECEPTIONIST CASEWORKER ADMINISTRATION OFFICER PRINCIPAL SOLICITOR CASEWORKER CASEWORKER/EAS SUPPORT STAFF) CASEWORKER CASEWORKER EDUCATION COORDINATOR CASEWORKER/LOCUM CASEWORKER CASEWORKER/PARALEGAL CASEWORKER Page 8

10 PRESIDENT S REPORT KATHLEEN DARE This year RAILS has seen a number of changes in its service delivery as a result of our new strategic direction which has been to broaden the provision of our legal advice in recognition of the demand to include some more general areas of law. This has been in many ways a return to our early model of service as a community legal centre when we were known as the South Brisbane Immigration and Community Legal Service. RAILS now provides advice in key areas of need for our client group which includes family law and domestic violence, consumer law and employment law. These clinics have been only possible with the very successful collaboration with Legal Aid Queensland and the pro bono support from Minter Ellison, Allens Lawyer Maurice Blackburn and Tress Cox who have very generously provided legal staff to help resource and establish these clinics. In the last year our Director, Raquel Aldunate, has spent a considerable amount of time working towards RAILS receiving national accreditation as a community legal service. This has involved RAILS being assessed for accreditation on a range of levels and then implementing the recommendations and requirements of the review process. To achieve national accreditation, RAILS has had to develop and implement comprehensive organisational policies and procedures and update the Constitution. We have now been granted provisional accreditation pending the completion of some of these requirements. This process has been extremely labour intensive and involved all of the management committee and senior staff who have all spent many hours redrafting and reviewing policies in particular. Whilst this process has been very time consuming, RAILS can feel confident that it now meets national standards for service delivery as a community legal service. The Unrepresented Asylum Seekers Project has been a new initiative of RAILS this year. This project has arisen out of the extreme vulnerability of those persons who are currently residing in Australia after having arrived here by boat. Children who have come to Australia without being accompanied by their parents are the perhaps the most vulnerable of this group and face an uncertain future in light of changing policies surround access to Protection visas and temporary residency. RAILS has been limited in its ability to provide assistance to date due to restrictions by funding bodies and this has resulted in RAILS seeking independent funding to provide a service to this group of people. As a result of our fundraising efforts this year, we have raised sufficient funds to run the Unrepresented Asylum Seekers Project for twelve months proving one part-time co-ordinator. The legal advice and assistance Refugee and Immigration Legal Service Inc. 170 Boundary Street West End, Brisbane Queensland 4101 Page 9

11 will be conducted by pro-bono solicitors from partnering legal firms who we have trained to provide legal assistance in this area. This project is a great example of the community legal sector working alongside highly skilled lawyers from the private profession who also benefit from gaining experience in humanitarian law first hand, not readily available in a private setting. This is often highly valued as an extremely rewarding opportunity for those practitioners involved. RAILS recognizes the importance of fundraising to enable projects of this kind but also acknowledges that is near impossible to do without the core funding that we receive from our major funders, the Community Legal Services Program (CLSP) and the Legal Practitioners Interest Trust Account Fund (LIPITAF) as well as from the Department of Immigration and Border Protection. This year we received reduced recurrent funding which has resulted in a partial restructure of the organisation. This has resulted in changes to our community education program and some streamlining of the caseworkers job descriptions. It cannot be underestimated the huge amount of work that has been involved here and I thank Raquel Aldunate for her commitment and hard work in seeing this through. In my last report I noted the review and renegotiation of the LPITAF funding to community legal centres which created uncertainties within the sector. The outcome was positive for RAILS as we secured 3 year funding under this program. However, now we await for the outcome of the review of the CLSP which has been scheduled for May Hopefully we will not have to restructure the organisation further. Despite the many uncertainties RAILS has faced, it has continued to provide an outstanding service to migrants and refugees in Queensland. The volume of work In addition to this new work the core work of RAILS has continued. In the last financial year RAILS provided advice and assistance to immigrant women at risk of family violence; to permanent residents and citizens received advice and assistance on sponsoring family from overseas; and people at risk of persecution, torture and other inhuman treatment received advice and/or casework assistance. This is only possible with the assistance of our dedicated group of volunteers who regularly give up their evenings after a long day at work to provide our evening advice service, some who have been doing so for many years and I take this opportunity to especially thank our volunteers for their contribution. Casework also requires committed highly trained staff such as our principal solicitor Angus Francis who supervises our dedicated team of caseworkers who work in probably the most highly controversial and dynamic area of law as Page 10

12 immigration advisors as well as having to acquire new skills for our general law clinics. It cannot be underestimated the massive administrative load a community legal service carries in order to produce the volume of work and this is all made possible by our administrative team who ensure the efficient running of the organisation. Community Legal Education has always been an important part of RAILS and this year we have seen the launch of the CD and Songbook Folk law which has been created in collaboration with Southbank Tafe and the coordinator of our education program, Robert Lachowicz. This has been some years in the making and will provide a valuable resource to new arrivals to Australia on a range of general law issues which can be accessed in a fun and accessible way. Robert s dedication to this project has involved not only his immense and unique talents but also many musicians and artists who have volunteered their time to this project. Thank-you to the great number of staff and volunteers, our pro-bono partners, members of the management committee and membership who together make RAILS the unique community legal service. I also acknowledge and thank our funders for their continued support, particularly Legal Aid Queensland, Department of Immigration and Border Protection and Department of Social Services. It is this assistance which enables RAILS to provide access to justice for some of the most disadvantaged members of the Queensland community. Refugee and Immigration Legal Service Inc. 170 Boundary Street West End, Brisbane Queensland 4101 Page 11

13 TREASURER S REPORT MARK GRIFFIOEN Following on from 2012/13, the 2013/14 financial year was yet another financial success. The organisations net assets increased by $189,127 or 45% and cash at bank increased by $211,735. This increase in net assets has placed the organisation in a sound financial position to face the funding challenges that have been presented to it in the 2014/15 financial year. RAILS organisational fund had a very successful year with a net surplus of $168,421. Financial results such as presented in the annual report do not come easy and praise must be given to the Senior Officers at RAILS for ensuring that budgets are adhered to and that the revenue is received in accordance with our grant programmes. 2014/15 and beyond will be a significant year for the organisation financially and as I am stepping down as treasurer I wish the new treasurer all the best in leading the organisation through the challenges ahead. Page 12

14 DIRECTOR S REPORT RAQUEL ALDUNATE It is time to once again report on our activities, challenges and successes. RAILS continued to provide a much needed service to many migrants and refugees at times of uncertainty and rapid changes in the legal, policy and funding landscape. This year as in previous periods RAILS has continued to forge partnerships with key law firms and have continued its partnership with Legal Aid Queensland with the aim of providing legal advice in general areas of law. RAILS wishes to acknowledge the pro-bono support from Legal Aid Queensland, Minter Ellison, Allens Lawyers, TressCox Lawyers and Maurice Blackburn Solicitors. It is also important for RAILS to highlight and acknowledge the great contribution from our evening advice volunteers that month after month turn up to the evening advice sessions (EAS). It would be impossible to provide the much needed legal advice to all those clients without their regular commitment and time. This year the statistic shows an increased demand for legal advice. In order to support the EAS, RAILS decided to have a solicitor/migration agent on staff supervising the night. We believe this has worked out well for all those involved. As such, RAILS has made a commitment to maintaining this support for our volunteers and will make structural changes to make sure this continues into the future. The period continued to be a challenging year for RAILS as the funding future was uncertain and RAILS had to spend much time and efforts to maintain the same level of funding. The time and energy spent on meetings and negotiations informing key advisers, bureaucrats and politicians of the work and value of RAILS, plus our submission for funding bore its fruits and RAILS was successful in securing funding under our major funders, the Community Legal Services Program (State and Commonwealth joint funding program) and the Legal Practitioners Interest Trust Account Fund (LPITAF). This is funding for the next 3 years; however the Commonwealth government is reviewing its funding for Community Legal Centres under this joint funding program and anticipate an outcome by May RAILS is aware that the funding situation is never stable and changes and cuts to programs can continue to occur. Further, the drastic policy changes to the Immigration Advice and Application Assistance Scheme (IAAAS) funding program from the Department of Immigration and Border Protection (DBIP) has meant that RAILS has lost 50% of its funding under this program. This loss of funding has impacted on our ability to assist disadvantaged clients seeking to make application for protection in Australia. Refugee and Immigration Legal Service Inc. 170 Boundary Street West End, Brisbane Queensland 4101 Page 13

15 The above changes also had an effect on the newly formed partnership we had established with our sister organisation the Refugee and Casework Service (RACS) in New South Wales. This partnership meant that RAILS in Queensland provided assistance to asylum seekers under a sub-contract with RACS as they were one of the major recipients of funding from IAAAS (category C) from DIBP. The loss of funding in this area meant that RAILS had to consider new partnerships to continue to provide the much needed assistance to this group of clients. The settlement agencies dealing with these clients felt the pressure from clients as the need for legal advice and assistance was a priority. RAILS held meetings with key stakeholders to consider the management and appropriate response to this group of clients. RAILS also looked towards the legal fraternity for pro-bono assistance and a new project proposal was developed which has received the support of many law firms and their solicitors as well as many refugee advocate organisations and concerned individuals. All of these have made possible the Un-represented Asylum Seekers Project and the employment of a project coordinator (part-time). Lorraine Hills was employed to coordinate the project and has commenced with a large number of volunteer solicitors and migration agents who have enrolled for this specific project. During RAILS continued its implementation of the Settlement Grants Program from Department of Social Services to deliver legal services in the Brisbane, Logan, Ipswich (Goodna) Toowoomba and Rockhampton regions, as well as a targeted program at Milpera School. RAILS successfully reached all of the agreed outcomes and outputs. The model of service delivery varied from the previous year to provide advice and assistance to humanitarian entrants wishing to sponsor their families (immediate) to reunite with them in Australia. RAILS provided a total of 396 advices and 110 applications assistance (Casework) for the period. This year we also continued the implementation of the family law community education program for newly arrived communities funded by the Department of Social Services (DSS) previously known as the Department of Families, Housing, Community Services and Indigenous Affairs (FaCHSIA). Once again during RAILS received discreet funding from Legal Aid Queensland (LAQ). RAILS received funding under the National Partnership Agreements (NPA) and the Community legal Education Collaboration Grants. RAILS successfully reached its agreed targets under the NPA program and provided legal advice to 242 and casework assistance to 84 victims of domestic and family violence. This continues to be an area of priority for RAILS. Page 14

16 RAILS also successfully implemented the agreed program under the CLE Collaboration Grants for the period This project was launched at Legal Aid Queensland and the first training session was delivered. There were 41 people at he launch and training session. The main goal of the project was for RAILS to provide training for workers from Domestic Violence Services, Women s Refuges and Community Legal Centres who assist clients with applications under the family violence provisions. RAILS provided this training in relevant locations twice. RAILS delivered both the first and second round of training sessions at 12 locations between March 2013 and June This means that RAILS delivered 24 sessions and a total of 359 participants attended the sessions. These sessions were very well received by participants. RAILS also delivered a legal clinic for 14 weeks each semester to law students from Griffith University, Queensland University and QUT. This year we saw 30 students attending the law student s clinics during the two semesters in These clinics have proven to be well sought after by students as they are able to do file work under the supervision of one of our solicitors/ migration agents. RAILS considers this partnership a priority and believes that is beneficial for the students, the Universities and RAILS. STAKEHOLDER ENGAGEMENT RAILS has continued in its efforts to strengthen partnerships with senior government officers, non-government agencies and relevant politicians. In particular with non-government agencies we have continued to create clear referral pathways for the most disadvantaged clients in need of legal advice and assistance. I met with the State Attorney General advisors on a number of occasions; Senator Mason; Teresa Gambaro and her advisor and Anthony Reilly CEO Legal Aid Queensland. I attended the DIBP (DIAC) Leadership/Partnership Forum; continued my participation in QAILS management committee as the Treasurer. Also Angus and I attended the regular MRT-RRT liaison meeting held in Brisbane, the Refugee and Immigration Network of Community Legal Centres (RAINCLC s), met with Commonwealth Ombudsman and Glenda Hutchinson from the Office of the Migration Registration (OMARA) ; and ad hoc consultations from relevant Departments and non- government agencies. The Principal Solicitor, Angus Francis participated in numerous key meetings to further the cause of migrants and refugees. Of particular interest was the UNHCR NGO Annual Consultations, June 2014 in Geneva; the UNHCR roundtable held in Canberra; and the Human Rights Council NGO Roundtable on Australia s regional processing on Manus and Nauru. The Education Coordinator, Robert Lachowicz, participated in numerous activities representing RAILS. He attended the Milpera Reference Group; TAFE Refugee and Immigration Legal Service Inc. 170 Boundary Street West End, Brisbane Queensland 4101 Page 15

17 Tells product design working group; worked and provided input to the Griffith University Migration Agent interpreter video ; provided input to OMARA regarding the CPD provider conditions. RAILS also participated in the Unaccompanied Minor s Symposium with Mercy Family Services; delivered 2 separate workshops at the National Association for Community Legal Centres (NACLC) Annual Conference LAW AND POLICY REFORM Following are some of the activities RAILS engaged in during : I launched the regional training program concerning family violence provisions of the Migration Regulations 1994; A speech was delivered by Angus Francis at the Amnesty International Seminar, Purgatory or Paradise ; Angus Francis wrote an article about the Asylum Seekers and Immigration Detention, Law Council Review, July September 2013; Speech delivered by Angus Francis at Amnesty International, A post-election discussion on the future of Australia s refugee and asylum policies ;Robert Lachowicz coordinated the Immigration Chapter into the Caxton Lawyer s Practice Manual; and I wrote a chapter Domestic Violence: Domestic violence intervention, the law and social work in Social Work in the Shadows of the Law 4 th Edition, DAY TO DAY On the day to day operations the Principal Solicitor, Angus Francis continued improving the systems that support an effective and efficient legal practice. RAILS has also delivered a comprehensive legal education program coordinated by Robert Lachowicz. Karina Fonseca has continued to maintain and streamlining an administrative system which supports the efficient running of the day to day work of RAILS. Our caseworkers, Magdalena Dzienis, Bruce Wells, Darryl McNeil, Taya Hunt, Grace Prince-Gatbonton, Sandra Gould, Noel Reeves, Patrick Turner, Kylie McGrath and Neha Chhatbar have continued to work with the same commitment and enthusiasm regardless of the difficult legislative and policy changes surrounding this area of work. Sora Park and Maria Doneghy have also played a pivotal role as they managed the reception and responded to the many enquiries that we received on a daily basis always in an effective and professional manner. Throughout this year many staff members have joined and left RAILS and I wish to thank them all for their input, commitment and strength in keeping up with that good work regardless of the policy and funding environment around them. They are the most valued asset that RAILS can count with as without their professional knowledge, enthusiasm and commitment many of our clients would have very little hope to access justice. Page 16

18 I also would like to thank all of those pro-bono law firms, EAS volunteers, colleagues and supporters that in one way or another have showed their solidarity and have supported us during these difficult times. On behalf of the staff I would like to thank the very committed management committee as this year in particular has brought many challenges for us all. It is through the many volunteer hours that they have spent at RAILS that we have been able to maintain this organisation viable and sustainable allowing us to continue with the provision of legal advice and assistance to an already disenfranchised group of people. Further, I would like to thank Kathleen Dare for the time she spent on RAILS business outside the monthly meetings and also for having stepped down as Chair to replace me as Acting Director whilst I was on annual leave. And last, I would also like to remind us all, of the important role we play in the lives of many people. Without our organisation the pathway to legal services, justice and protection would be even harder. In today s fraught landscape, discrimination raises its face in many ways for our client group and so our role is critical. Refugee and Immigration Legal Service Inc. 170 Boundary Street West End, Brisbane Queensland 4101 Page 17

19 PRINCIPAL SOLICITOR S REPORT ANGUS FRANCIS RAILS saw a surge in demand for our advice and casework services in the financial year following sweeping changes in law and policy. Our committed Caseworkers and administrative staff, with the invaluable support of our volunteers and pro bono partners, worked tirelessly to provide advice and assistance to clients across all areas of our Service. RAILS exceeded its funding targets for the number of new files opened (458 opened in total). As part of this, we opened 190 LAQ files (annual target of 70) and 76 IAAAS files (annual target of 55). Of the 190 LAQ files opened, nearly half were clients accessing the domestic violence provisions. The balance of new files were Protection Visa applications, judicial review applications, Ministerial applications, and applications for refugee family reunion. Our Refugee Family Reunion (RFR) team (Taya Hunt, Grace Prince, Noel Reeves and Kylie McGrath) delivered clinics at outreach centres in Logan, Goodna, Toowoomba, and Rockhampton. In addition to advice and information sessions, they opened 110 new files to assist clients seeking to reunite with their family from overseas. They also assisted over 70 unaccompanied minors to respond to Department requests for further information concerning compelling reason criteria following the hardening of the Government s policy toward boat arrivals. We are very thankful for the continuing support of Minter Ellison Lawyers (Rob Reed, Kate Hurst and others) who provide pro bono assistance to our RFR clients. We commenced a new model for supervision of our Evening Advice Service. A Caseworker (Sandra Gould) was assigned to assist our volunteer migration agents and clients with specific queries on the night. Sandra was able to draw urgent or difficult matters to the attention of the Principal Solicitor the following day, allowing quicker follow up. It also helped us highlight those areas where our volunteers required updating and further information. We also commenced a new General Legal Advice clinic with Legal Aid Queensland in order to meet our clients need for expert advice in family, consumer and employment law. Page 18

20 RAILS continued to work with Allens Lawyers and the Queensland Public Interest Law Clearing House (QPILCH) to refer judicial review matters to counsel for opinions on prospects and pro bono assistance. We thank those barristers who generously gave up their time to assist our clients: Walter Sofronoff SC, Dan O Gorman SC, Stephen Keim SC, Nitra Kidson, Matt Black, Mark Steele, The Honourable Dean Wells, Jens Streit, Simon Hamlyn-Harris, and Matthew Brady. RAILS worked closely with key referral agencies, such as the Immigrants Women s Support Service and the Queensland Program of Assistance to Survivors of Torture and Trauma (QPASTT), to support our clients through the visa process. RAILS also cooperated with sister organisations in other states to meet the huge demand for legal advice and assistance. An example is the assistance RAILS provided to clients subject to the Department s screening out process (the repatriation of asylum seekers without an opportunity to apply for protection in Australia). This included urgent court injunctions to prevent removal. The screening out of boat arrivals was just one of a host of legal and policy devices that posed serious challenges to clients seeking protection in Australia. The year also threw up new challenges in our domestic violence work. The appointment of a new organisation to perform the statutory role of Independent Expert in domestic violence cases heralded unwelcome changes to long-standing practices. RAILS and other migration agents were excluded from interviews between clients and the Independent Expert, resulting in considerable disadvantage to our clients. RAILS engaged in correspondence with the Department and the newly appointed Independent Expert to no avail. We are waiting for an appropriate vehicle to challenge the matter in court. In other matters, RAILS engaged in strategic litigation with the assistance of private law firms acting pro bono in order to advance the best interests of our clients. Perhaps most well known is the case of the Rohingya baby, baby Ferouz. With the assistance of Maurice Blackburn lawyers, RAILS represented Ferouz and his family who are seeking protection and citizenship in Australia. Pro bono counsel (Walter Sofronoff QC, Stephen Keim SC, Matt Black, and Refugee and Immigration Legal Service Inc. 170 Boundary Street West End, Brisbane Queensland 4101 Page 19

21 Mark Steele) were engaged to represent the family in judicial proceedings in the Federal Circuit Court and on remittal from the High Court of Australia. Following the Government s withdrawal of legal aid for boat arrivals, RAILS commenced the Unrepresented Asylum Seeker Project. Rob Lachowicz and Kylie McGrath helped raise funds through the provision of information sessions to over 1000 asylum seekers across Queensland. From this and other private contributions, RAILS raised sufficient funds for the appointment of a project coordinator, Lorraine Hill, who commenced in June Over 40 lawyers and migration agents have responded to our calls for volunteers to assist unrepresented asylum seekers with the preparation of their claims to protection. RAILS continues to seek private funding to extend the reach of the UAS Project. Across all areas of our Service, the expertise of RAILS Caseworkers (Bruce Wells, Darryl Sean McNeill, Magda Dzienis, Kyle McGrath, Sandra Gould, Lorraine Hill, Noel Reeves, and Grace Prince) contributed significantly to positive outcomes for many of our clients. The following case study, prepared by Magda Dzienis, is indicative of the beneficial impact of RAILS representation for vulnerable clients: CASE STUDY The client was a woman from an Islamic country, living in regional Queensland. She was a mother of one, pregnant, homeless, and without work rights and any family support. When she arrived in Australia on a Tourist visa, she was suffering severe symptoms of depression and anxiety. Before arriving in Australia, she resided and worked in Country X. At that time she was divorced and taking care of her young son. While working in Country X, the client entered into a de facto relationship with a non-muslim citizen of the EU, which is illegal in Country X. After discovering that she was pregnant, her de facto partner separated from her and left the country. The client feared that she would be persecuted or killed in her home country in an honour killing for being a single Muslim woman with a child out of wedlock with a non-muslim. Furthermore, she was unable to return to Country X as having a child born out of wedlock is illegal. As a result, the client was Page 20

22 extremely vulnerable and was diagnosed with a severe Depressive Episode at the time we started representing her. She was treated by a psychiatrist and given anti-depressants. Her mood would fluctuate depending on any development in relation to her situation. The case required RAILS to represent the client and assist with the Protection Visa application process, as well as: - Liaise with several organisations supporting the client, including: the Domestic Violence Resource Centre, the local neighbourhood centre, local accommodation services, Red Cross, mental health services, migrant settlement, the health service women s counsellor, and the maternity ward; - Explain to her the nature of her complex legal situation as well as keeping her (and several authorised organisations) updated on a regular basis regarding any changes to her visa status (she began on a tourist visa, and then moved to a bridging visa while she awaited the approval of her Protection Visa); - Advocate for the client s Protection Visa interview to be held in person and arrange accommodation for the client and her two young children to stay in Brisbane for the time of the interview; - Arrange extra medical documentation to prove the client s vulnerability and submit them before the client s interview; - Advocate for the client during the Protection Visa interview to ensure that the client was interviewed appropriately; - Keep frequent contact with the client on account of the fact that her mental state was closely linked to the outcome of the case and frequent contact and affirmation had a positive impact upon her; and - Strongly advocate for prioritising the visa application due to the circumstances of the client. RAILS engagement was not only vital for the client s positive visa outcome but also for her wellbeing and mental condition during the visa application process. Refugee and Immigration Legal Service Inc. 170 Boundary Street West End, Brisbane Queensland 4101 Page 21

23 EDUCATION COORDINATOR S REPORT ROBERT LACHOWICZ In 2013/14 we presented 225 legal education (CLE) sessions to 4228 participants. These included workshops to new arrival and community groups, professional training to community workers, and CPD activities to migration agents and lawyers. Our clinical education program to Griffith University law students was expanded to include QUT and University of Queensland. We continued to hold a weekly class at Milpera Intensive Language State School each term. Innovative legal educational resources continued to be produced. RAILS legal education practice is responsive to need, targeted, evaluated and based on education principles endorsed by the National Association of Community Legal Centres. PROFESSIONAL EDUCATION: WORKSHOPS We delivered 18 sessions mainly on refugee and immigration law to 400 workers. These included migration agents and lawyers, community legal centre workers, domestic violence workers, Bar Practice Course, Red Cross, MDA, language teachers and community workers. CPD PROGRAM RAILS staff and guest presenters delivered 8 CPD workshops (accredited by the Migration Agents Registration Authority), to 250 attendees throughout the year. These ensure staff, volunteers and other colleagues are updated on latest developments and gain CPD points to enable professional registration. Topics covered were: Ethics and Professional Practice, Business management, Dealing with Clients with Mental Health Issues, Family Violence and Partner Migration, Protection Visa Submissions and Client Interviews, Judicial Review, Student Visas, Recent Developments in Immigration Law. These cover the three core areas required for solicitor CPD and two mandatory CPD activities for migration agent Page 22

24 FAMILY VIOLENCE PROVISIONS TRAINING Workshops on the family violence provisions in migration law were delivered in all major regional centres to workers from DV services, women s refuges and community legal centres. A first round of training was about the law and processes. Follow-up sessions were held around the state to solidify the training, discuss issues and implement referral pathways. Caseworkers did the initial workshops and the education section was involved in delivering the follow up sessions. 24 sessions were held with 359 participants STUDENT CLINICAL LEGAL EDUCATION Along with the Griffith University Student Clinic, now in its 10 th year, we commenced new clinics in partnership with QUT and Queensland University. Six students from each university law school attend a day a week each semester and work on family reunion or protection visa cases under close supervision. (70 sessions to 30 participants). These are amongst the most popular legal clinics and students always find this an enriching learning experience. Students were very ably supervised by education worker Kylie McGrath, along with caseworker Bruce Wells, who took on the QUT clinic. GENERAL CLE Our general CLE workshops cover the legal system, police, crime, consumer law, discrimination and driving. Participants are mainly recently arrived refugees and migrants with limited English. Workshops are held at settlement and community agencies and with TAFE ESL classes. We held 29 General Law community workshops during the year with 740 attendees. FAMILY LAW CLE These workshops cover key family law issues including dating, marriage, family roles, family violence, parenting, child safety, relationship breakdown and reconciliation. We delivered 21 Family Peace workshops to 455 attendees. ASYLUM PROCESSING INFORMATION Refugee and Immigration Legal Service Inc. 170 Boundary Street West End, Brisbane Queensland 4101 Page 23

25 We delivered 16 sessions to 1852 unauthorized maritime arrival (UMA) asylum seekers (boat arrivals), including minors, at Brisbane, Logan, Rockhampton and Toowoomba.. These covered processing issues and Code of Behaviour requirements. These fee-for-service presentations helped raise funds for the Unrepresented Asylum Seeker project. We provided asylum processing info to unaccompanied minors support workers from Red Cross, Life without Barriers and Mercy Family Services, as part of session given to the minors. MILPERA SCHOOL - LEARNING LAW The Learning Law and Language program is in its sixth year at Milpera. Classes each term of around 15 student (36 sessions to 60 students) learn about everyday law, and develop language skills through activities, music, role plays and a visit to the Magistrates Court. The sessions focus on the legal system, consumer rights, driving, police, family, discrimination and work rights. The classes involve role plays about how to respectfully and effectively assert legal rights. In one example, after the class on consumer law, three students, who had previously unable to get redress for faulty phones, had the knowledge and confidence to approach the retailers and assert their consumer rights. They each got their phones repaired or replaced. REFUGEE FAMILY REUNION As part of the Settlement Grants Program (now with Department of Social Services) our RFR caseworkers delivered general law information sessions in Brisbane, Logan Ipswich and Toowoomba, to refugees about the law and processes around bringing family members to Australia. FAMILY LAW TRAINING TO AFRICAN- AUSTRALIAN COMMUNITIES In a partnership with QACC (Qld African Communities Council) and the Burundi community, we ran three half-day workshops for adults and youth around family conflict. These were funded under the LAQ Community Legal Education Page 24

26 Collaboration Fund. Annual Report 2014 Pamphlets and fridge magnets in English and Kirundi were developed and distributed among the Burundi community. QACC was interested in running similar workshops with other African Australian groups and we have obtained a small amount of LAQ funding for this project in 2014/15. PUBLICATIONS LAWYER S PRACTICE MANUAL Education worker Kylie McGrath, with assistance from former RAILS caseworker Bunu Gataum, updated the Chapter on Immigration Law for the Lawyer s Practice Manual published by the Caxton Legal Service ASYLUM SEEKER PROCESSING INFO SHEET This information sheet was developed and put on our website and has had to be amended ach time changes to law occurred. REFUGEE FAMILY REUNION GUIDE The Refugee Family Reunion Guide was again updated following changes to the law. The Guide is a resource for those seeking to bring family members to Australia under the Humanitarian Program and the Family Migration Program, and for those assisting refugees in this process. COMMUNITY LAW KIT (TELLS?RAILS) In a partnership with TELLS (TAFE Teaching English Language and Literacy) and Griffith University School of Applied Theatre, RAILS developed an innovative resource covering key community law areas, teaching language, law and life skills through drama, story, music and poetry. The development stage was over two years (the final kit was completed in October 2014). The resource consists of a Reader (Struggles on Stranger Street), a plain English overview of the legal areas (The Law Boo) comprehensive drama and other teaching activities (Learning Resource), and a CD of songs (Songs from Stranger Street). The Reader was showcased at a session at the Brisbane Writers Festival FOLK LAW CD AND SONG BOOK Over RAILS recorded 18 original songs which became the Folk Law CD. The songs highlight legal rights Refugee and Immigration Legal Service Inc. 170 Boundary Street West End, Brisbane Queensland 4101 Page 25

27 and responsibilities around everyday legal issues. They emerged out of community legal education workshops and from the Community Law resource RAILS has developed for TAFE. A Songbook was created which shows how to play the songs on ukulele and includes basic legal and music information. Folk Law is an innovative resource aimed at to encouraging the community learn more about the law through music. The legal information is sufficiently generic to be applicable throughout Australia. The Folk Law package launch was in October LEGAL EDUCATION MUSIC FILM CLIPS Four music clips have been produced from the songs on the Folk Law CD. One is about family violence, one about the history of law in Australia and another about the way law and government works. These will be distributed in 2014/15 EVALUATION Evaluations are done after each workshop we hold. These show that participants find the workshops very useful. Feedback from community workers and teachers is also very positive. EDUCATION WORKERS Many thanks to Kylie McGrath who did a lot of great work during the year in the part-time education worker role. Many thanks to RAILS staff who prepared and presented education sessions. Page 26

28 STATISTICS TOTAL CLIENTS: % 52% Only 1 % had some form of disability No stated 6% Yes 1% No stated No income 18.1 Income 32.0 No 93% Medium income 8.4 Low income 40.9 High income 0.6 TOTAL ADVICES: Refugee and Immigration Legal Service Inc. 170 Boundary Street West End, Brisbane Queensland 4101 Page 27

29 NUMBER OF CASES OPENED & CLOSED Open Close Interpreter Used by clients Type of Cases 1 YES NO Other Immigration Refugee Family Reunion Domestic Violence Legal Representation Ministerial Intervention 4.58 YES 23% Judicial Review Tribunal NO 77% Protection Visas Domestic violence Page 28

30 SOURCES OF FUNDING Annual Report CAS IAAAS LAQ RAILS SGP Strategic Alliances Clients geographic Refugee and Immigration Legal Service Inc. 170 Boundary Street West End, Brisbane Queensland 4101 Page 29

31 EDUCATION TOTAL ATTENDEES: 4228 Sessions: UMA Legal Education Participants Attendees Sessions RAILS hold 8 CPD Seminars to ASSISTED WITH 477 PIECES OF INFORMATION Migration Agents During the year. ASSISTED BY VOLUNTEERS 39 Migration Agents 7 EAS Coordinators 26 Day Volunteers Page 30