Refugee Advocacy Service of South Australia Inc. (RASSA) is a Community Legal Centre

Community Legal Centre

Community Legal Centres are independent organisations aiming to advance legal–and, by extension, social and political–equality by making the law accessible to the poor and otherwise marginalised in Australia. They provide legal advice to individuals and take on traditional casework...

 or NGO set up to represent asylum seekers in the Federal Court of Australia

Federal Court of Australia

The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...

.

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. http://www.rassa.org.au. The purpose of the centre was to organise and centralise files for the vast number of asylum seekers who had sought or were seeking judicial review of their original decisions in the Federal Court of Australia

Federal Court of Australia

The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...

.

The service was originally conceived as operating as a clearing house. 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) would review 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.

The services purpose was to provide legal representation for asylum seekers in the Federal Court of Australia

Federal Court of Australia

The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...

 and assist asylum seekers in getting their case remitted back to the Refugee Review Tribunal. The efforts of the centre were frustrated by Commonwealth Parliaments inclusion of a privative clause

Privative clause

In administrative law, a privative clause is a provision in a statute that tries to remove a court’s ability to review decisions of a tribunal . In the UK they are known as "ouster clauses"....

 into the Migration Act. This clause restricted the grounds of judicial review to very narrow levels.

The service survived almost entirely on donations, sent in from supportive members of the community or from fund raising events. However, the centre was awarded several grants. The centre also accumulated a number of cost orders which had been donated to the centre by counsel when granted those orders whilst acting for asylum seekers on behalf of the service.

The service was recognised in filling a major gap in legal services to a marginalised minority in a time of acute sensitivity it the Australian community to the issue of refugees.

Founding board members

There were a number of South Australian lawyers who contributed to assisting refugee's (see for example Woomer Lawyers' Group). Of these lawyers a number founded The Refugee Advocacy Service of South Australia Inc. The original founding board members, (those who held office on the executive at various points throughout the first year) where:

• Gordon Barrett Q.C.: (later appointed Barrett J of the District Court of South Australia
  District Court of South Australia
  The District Court of South Australia is South Australia's principal trial court. It was established as a court of record by the District Court Act 1991...
  
  )
• Kris Hanna
  Kris Hanna
  Kris Hanna was an Australian politician, and member for Mitchell in the South Australian House of Assembly from 1997 until 2010. Originally elected as a Labor member, Hanna defected to the SA Greens in 2003 before becoming an independent in 2006....
  
   M.P.: (Former member of the South Australian Legislative Assembly)
• Kaz Eaton: (Solicitor at Bourne Lawyers http://www.bournelawyers.com.au/)
• Graham Harbord: (Partner at Johnston Withers http://www.johnstonwithers.com.au)
• Aleecia Murray: (later crowned young Australian Lawyer of the Year by the Law Council of Australia
  Law Council of Australia
  The Law Council of Australia is an association of law societies and bar associations from the States and territories of Australia, and the peak body representing the legal profession in Australia. The Council was formed in 1933 to unite the various state legal associations, in order to represent...
  
   for her work with RASSA http://www.lawcouncil.asn.au/read/2004/2406324131.html and worked for the Lao Bar association)
• Nicholas Llewellyn-Jones: (Represented the Baxter protestors on behalf of Westside Lawyers. Instructing solicitor for the AWU in the landmark decision of AIRC
  Australian Industrial Relations Commission
  The Australian Industrial Relations Commission, or AIRC , was a tribunal with powers under the Workplace Relations Act 1996. It was the central institution of Australian labour law...
  
   in the (‘the three certified agreements case’) and part of the South Australian legal team in The workplace relations challenge
  New South Wales v Commonwealth (Workplace Relations Challenge)
  In New South Wales & Ors v Commonwealth, a majority of the High Court of Australia held that the federal government's WorkChoices legislation was a valid exercise of constitutional power...
  
  
• Abby Hamdan: (Instructing solicitor a junior counsel to Claire O'cconor in High Court of Australia
  High Court of Australia
  The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
  
   in Al-Kateb v Godwin
  Al-Kateb v Godwin
  Al-Kateb v Godwin was a decision of the High Court of Australia, which ruled on 6 August 2004 that the indefinite detention of a stateless person was lawful. The case concerned Ahmed Al-Kateb, a Palestinian man born in Kuwait, who moved to Australia in 2000 and applied for a temporary protection visa...
  
   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 http://www.austlii.edu.au//cgi-bin/disp.pl/au/cases/cth/FCAFC/2005/113.html?query=hamdan).

Other major contributors

The service was supported by a wide range of barristers and other people involved in the law. Other people who played a prominent part in the operations of RASSA included:

• Robyn Layton Q.C. (Layton J of the Supreme Court of South Australia
  Supreme Court of South Australia
  The Supreme Court of South Australia is the superior court for the Australian State of South Australia. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. The Supreme Court is the highest South Australian court in the Australian court...
  
  )
• Deslie Billich
• Faun Harbord
• Taruna McLean
• Thea Birss
• Kristy Molloy

Activities

The service provided free representation in the Federal Court of Australia

Federal Court of Australia

The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...

to any detainee who had an arguable case. It represented hundreds of asylum seekers through the pro-bono support of members of the South Australian profession. The Refugee Advocacy Service of South Australia Inc held fundraising and profile raising events throughout Australia.

It has acted on a pro-bono basis for refugees in a number of cases including the following:

• SHBB v Minister for Immigration [2003] FMCA 82 (11 April 2003)

• SGDB v Minister for Immigration (No.2) [2003] FMCA 127 (28 May 2003)

• WAJW v Minister for Immigration [2004] FMCA 114 (17 June 2004)

• SGCB v Minister for Immigration [2003] FMCA 464 (3 November 2003)

• WAGO v Minister for Immigration [2004] FMCA 412 (28 June 2004)

• SFHB v Minister for Immigration [2004] FMCA 317 (17 August 2004)

• SBAK v Minister for Immigration Multicultural Indigenous Affairs [2002] FCA 731 (19 June 2002)

• SBBJ v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 761 (28 November 2002)

• SXGB v Minister for Immigration [2005] FMCA 1182 (26 August 2005)

• SBBR v Minister for Immigration Multicultural Indigenous Affairs [2002] FCA 842 (3 July 2002)

• SDAH v Minister for Immigration Multicultural Indigenous Affairs [2002] FCA 1033 (19 August 2002)

• SDAG v Minister for Immigration Multicultural Indigenous Affairs [2002] FCA 1051 (26 August 2002)

• SCAZ v Minister for Immigration Multicultural Indigenous Affairs [2002] FCA 1377 (6 November 2002)

• Shahram Dorraji v Minister for Immigration Multicultural Affairs [2002] FCA 765 (17 June 2002)

• SBBG v Minister for Immigration Multicultural Indigenous Affairs [2002] FCA 1451 (30 October 2002)

• SCAR v Minister for Immigration Multicultural Indigenous Affairs [2002] FCA 1481 (28 November 2002)

• SCAX v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1483 (28 November 2002)

• WAJW v Minister for Immigration Multicultural Indigenous Affairs [2004] FCAFC 330 (20 December 2004)

• SGGB SGHB v Minister for Immigration [2002] FMCA 367 (1 May 2003)

• SGNB v Minister for Immigration [2003] FMCA 38 (1 May 2003)

• SHCB v Minister for Immigration Multicultural Indigenous Affairs [2003] FCAFC 308 (22 December 2003)

• SGDB v Minister for Immigration Multicultural Indigenous Affairs [2004] FCAFC 59 (15 March 2004)

• Secretary, Department of Immigration and Multicultural and Indigenous Affairs v Mastipour [2004] FCAFC 93

• VQAB v Minister for Immigration Multicultural Indigenous Affairs [2004] FCAFC 104 (4 May 2004)

• WAJS v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 139 (21 May 2004)

• Rahmatullah v Minister for Immigration Multicultural Indigenous Affairs [2004] FCAFC 200 (17 August 2004)

• Minister for Immigration Multicultural Indigenous Affairsv SGJB [2003] FCAFC 290 (16 December 2003)

• MIMIA v SGLB [2003] HCATrans 296 (14 August 2003)

• MIMIA v SGKB [2003] HCATrans 313 (14 August 2003)

• MIMIA v SGLB [2004] HCATrans 9 (12 February 2004)

• Nguyen and Minister for Immigration and Multicultural and Indigenous Affairs [2005] AATA 444 (17 May 2005)

• SCAN v Minister for Immigration [2002] FMCA 129 (9 July 2002)

• SDAD v Minister for Immigration [2002] FMCA 132 (9 July 2002)

• SDAA SDAB v Minister for Immigration [2002] FMCA 184 (30 August 2002)

• SDAF v Minister for Immigration [2002] FMCA 187 (30 August 2002)

• WAAG v Minister for Immigration [2002] FMCA 191 (30 August 2002)

• SFLB Anor v Minister for Immigration [2002] FMCA 196 (5 September 2002)

• SCAF v Minister for Immigration Multicultural Indigenous Affairs [2005] FCA 237 (14 March 2005)

• SZDNI v Minister for Immigration Multicultural Indigenous Affairs [2005] FCA 253 (22 March 2005)

• SYVB v Refugee Review Tribunal [2005] FCA 1093 (12 August 2005)

• SQLB v Minister for Immigration Multicultural Indigenous Affairs [2005] FCA 1151 (1 August 2005)

• Applicant M67/2003 v Minister for Immigration and Multicultural Affairs [2006] FCA 74 (10 February 2006)

• SQMB v Minister for Immigration Multicultural Indigenous Affairs [2005] FCA 98 (18 February 2005)

• Minister for Immigration Multicultural Affairs v SBAA [2002] FCAFC 195 (21 June 2002)

• SDAN v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 351 (19 November 2002)

• SBBS v Minister for Immigration Multicultural Indigenous Affairs [2002] FCAFC 361 (22 November 2002)

• Minister for Immigration Multicultural Indigenous Affairsv SBAN [2002] FCAFC 431 (18 December 2002)

• SGKB v Minister for Immigration Multicultural Indigenous Affairs [2003] FCAFC 44 (18 March 2003)

• Minister for Immigration Multicultural Indigenous Affairsv WAAG [2003] FCAFC 60 (9 April 2003)

• 74/06 Applicant M67/2003 v Minister for Immigration and Multicultural Affairs [2006] FCA 76 (10 February 2006)

• SBBA v Minister for Immigration Multicultural Indigenous Affairs [2003] FCAFC 90 (9 May 2003)

• SFTB v Minister for Immigration Multicultural Indigenous Affairs [2003] FCAFC 108 (27 May 2003)

• SBBG v Minister for Immigration Multicultural Indigenous Affairs [2003] FCAFC 121 (6 June 2003)

• Minister for Immigration Multicultural Indigenous Affairsv SCAR [2003] FCAFC 126 (6 June 2003)

• SDAF v Minister for Immigration Multicultural Indigenous Affairs [2003] FCAFC 127 (14 May 2003)

• Minister for Immigration Multicultural Indigenous Affairs v VFAY [2003] FCAFC 191 (22 August 2003)

• NABE v MIMIA [2005] HCATrans 473 (1 August 2005)

• WABR v MIMA [2003] HCATrans 304 (14 August 2003)

• SFLB Anor v MIMIA [2004] HCATrans 301 (12 August 2004)

• SGJB v Minister for Immigration Multicultural Indigenous Affairs [2002] FCA 1601 (19 December 2002)

• SGDB v Minister for Immigration Multicultural Indigenous Affairs [2003] FCA 74 (14 February 2003)

• SFGB v Minister for Immigration Multicultural Indigenous Affairs [2002] FCA 1389 (15 November 2002)

• SCAN v Minister for Immigration Multicultural Indigenous Affairs [2003] FCA 168 (11 March 2003)

• SGLB v Minister for Immigration Multicultural Indigenous Affairs (includes corrigendum dated 24 March 2003) [2003] FCA 176 (11 March 2003)

• SHCB v Minister for Immigration Multicultural Indigenous Affairs [2003] FCA 229 (24 March 2003)

• WAGL v Minister for Immigration Multicultural Indigenous Affairs [2003] FCA 595 (13 June 2003)

• SGBB v Minister for Immigration Multicultural Indigenous Affairs [2003] FCA 709 (16 July 2003)

• SDAO Anor v Minister for Immigration Multicultural Indigenous Affairs [2003] FCA 132 (4 March 2003)

• SGNB v Minister for Immigration Multicultural Indigenous Affairs [2003] FCA 886 (22 August 2003)

• WAHI v Minister for Immigration Multicultural Indigenous Affairs [2003] FCA 908 (28 August 2003)

• SGCB v Minister for Immigration Multicultural Indigenous Affairs [2003] FCA 909 (28 August 2003)

• SAAK v Minister for Immigration Multicultural Indigenous Affairs [2003] FCA 921 (27 August 2003)

Recognition

The service has been discussed in academic papers. http://www.austlii.edu.au//cgi-bin/disp.pl/au/journals/UWSLRev/2005/4.html?query=RASSA#disp1 As well as significant coverage in domestic and international media. http://www.guardian.co.uk/weekend/story/0,,720726,00.html http://www.motherjones.com/news/feature/2003/03/ma_274_01.html

The service was awarded a special notice from HREOC in 2003.