The policy document used by the Department to determine SRSS eligibility, in force from April 2017

Document 1

1 of 9

Document 1

2 of 9

Document 1

3 of 9

Status Resolution Support Services (SRSS) Programme Operational Procedures Manual (Version 5) 2017 | 20

Part 2 – Eligibility for SRSS

2.1 Eligibility for SRSS

The Department determines the Band under which an SRSS recipient receives services.

Similarly, the Department decides if, and when, the level of service and Band should change for

an SRSS recipient. Eligibility for the SRSS Programme will be communicated to SRSS Providers

at the time of Referral in the Service Provider Portal. This Referral will specify the relevant Band

and Services that are required. SRSS recipients will include, but are not limited to:

− UAMs in Alternative Places of Detention (APOD)

− UAMs, adults and family groups who are legally detained under the Migration

Act 1958 (the Act) and who reside in the community under Residence

Determination arrangements

− adults and family groups who reside in the community on Bridging visas or

other temporary visas

− other vulnerable people in the community in the process of resolving their

immigration status.

Where the Department receives an allegation or conflicting information in relation to any SRSS

recipient’s eligibility for SRSS, the SRSS Provider may be instructed to review the Recipient’s

circumstances.

For the purpose of the SRSS Programme, a UAM is a minor under the age of 18 years of age,

who does not have a parent or adult relative who is at least 21 years old to provide a carer or

supervisory role.

2.1.1 Band 1 Eligibility

Eligibility for Band 1 Services generally requires the SRSS recipient to be an unaccompanied

minor (UAM) residing in an APOD, who requires additional care arrangements, as determined by

the Department. Other minors may be referred to Band 1 at the discretion of the Department

where their parent/guardian is unavailable due to circumstances such as a medical emergency

where no other appropriate care options exist.

Band 1 services should not be used to provide SRSS recipients respite or child care

arrangements. Services under Band 1 are not available to children to assist parents to attend

interviews, appointments or other non-emergency activities. It is expected that alternative carer

arrangements are sourced in such situations.

APODs may include:

− Immigration Residential Housing (IRH)

− Immigration Transit Accommodation (ITA)

− Any other location designated as an alternative place of detention by the Minister or a

delegate in the Department, including hotels or hospitals.

Band 1 Recipients will cease to be eligible for Band 1 services if or when the recipient:

− turns, or is determined to be over 18 years of age

− is transferred to another SRSS Band or location where they do not require

Band 1 Services

− is granted a visa

Document 1

4 of 9

Status Resolution Support Services (SRSS) Programme Operational Procedures Manual (Version 5) 2017 | 21

− is in the care of a suitable adult family member (for example, they are moved to a location

with a family member, a family member arrives in Australia and is able to care for them or

a family member they arrived with becomes able to provide care)

− departs Australia.

2.1.2 Band 2 Eligibility

Eligibility for Band 2 Services generally requires the SRSS recipient to be an unlawful non-citizen

UAM, detained under the Act, accommodated in the community under Residence Determination.

The Minister must make a Residence Determination under section 197AB of the Act, for the

SRSS recipient to reside at a specified place.

2.1.3 Band 3 Eligibility

Eligibility for Band 3 Services generally requires the SRSS recipient to be an unlawful non-citizen,

detained under the Act, accommodated in the community under Residence Determination.

The Minister must make a Residence Determination, under section 197AB of the Act, for the

SRSS recipient to reside at a specified place.

2.1.4 Band 4 Eligibility

Eligibility for Band 4 Services is based on a person being released from immigration detention

(held or Residence Determination) through the grant of a visa (Bridging visa or substantive visa),

and requiring transitional support. Band 4 Recipients are eligible to access up to six weeks of

Band 4 support, unless extended by the Department. In instances where an SRSS recipient no

longer requires Band 4 support services prior to the end of these timeframes; SRSS Providers

should refer to 2.3.6 Transferring Bands, Locations and SRSS Providers

for further guidance.

Noting that from the time an SRSS recipient enters Band 4, SRSS Providers should be focused

on helping the SRSS recipient to secure Independent Accommodation and register with essential

services as soon as possible.

IMA families with children aged 10 and under who are exiting immigration detention and have a

Bridging E visa are eligible for enhanced support in Band 4 (refer to Enhanced Support

below for

further details).

People granted a substantive visa and transitioning out of held detention or SRSS should access

mainstream services including support payments for which they are eligible. Income support,

including financial hardship and rent and bond loans, are not available from the date of visa grant.

Upon release from held detention, individuals may be eligible to receive a one-off initial payment.

Please refer to Section 3.2.1 Initial Payments

for further information.

2.1.5 Band 5 Eligibility

Eligibility for Band 5 Services is based on a non-citizen in the Australian community (who is not

detained under the Act), being assessed by a departmental officer as having a prescribed

vulnerability and is experiencing barriers which impede their ability to resolve their immigration

status. Recipients in Bands 4 and 6 can be referred for assessment to receive Band 5 services.

Eligible Band 5 Recipients must demonstrate they:

− have an unresolved immigration status and engage with the Department in resolving their

immigration status such as:

• a departmental primary decision

Document 1

5 of 9

Status Resolution Support Services (SRSS) Programme Operational Procedures Manual (Version 5) 2017 | 22

• an independent merits review decision of a primary refusal

• a final decision as per the fast track process

• assistance with the next steps in resolving their immigration status after a negative

merits review outcome

• assistance to depart Australia.

− have inadequate support in the community to manage independently

− are disadvantaged by one or more of the prescribed vulnerabilities below and as a result

are unable to support themselves or manage independently and face barriers to

resolution of their immigration status:

− a mental health condition which has been diagnosed by a qualified mental health

practitioner or qualified medical practitioner

− a physical health concern, disability or medical condition which has been

diagnosed by a qualified medical practitioner

− an elderly person who is unable to manage independently

− a minor or unaccompanied minor at risk of harm

− the parent or guardian of a minor at risk of harm

− a person who is suffering from the effects of torture and trauma that has been

diagnosed by a qualified practitioner. A qualified practitioner includes a doctor,

psychologist, psychiatrist or qualified torture and trauma counsellor

− a person who has suffered a significant event outside of their control.

IMA families with children aged 10 and under (and who were eligible for enhanced support while

in Band 4) may be eligible for up to 12 weeks of support in Band 5 on exiting Band 4 where

required (refer to Enhanced Support below for further details).

Negative merits review cohort

The government’s policy is that people who do not engage Australia’s protection obligations and

do not have another lawful basis to remain in Australia are expected to depart.

Where a case is subject to a negative merits review decision, DIBP Status Resolution Officers will

need to make a judgement about whether continued support should be offered under Band 5.

SRSS is not intended to provide indefinite welfare support for people who have no ongoing

matters in relation their immigration status, continued SRSS support after negative merits review

can assist in maintaining a person’s engagement with the department and/ or preventing

vulnerability escalating to the point that it becomes a barrier to voluntary departure or removal.

Assessment of eligibility following negative merits review will take into consideration a person’s

engagement with the Department in resolving their immigration status, whether there are any

ongoing matters in relation to their immigration status and any particular vulnerabilities they may

present. Engagement will encompass meeting individual milestones, which are set by the

Department. Milestones should relate to the person’s individual immigration pathway and may not

be specifically about departure, but should focus on removing or managing barriers to status

resolution. The DIBP Status Resolution Officer should set new milestones at each meeting and

the family will need to demonstrate they are working towards those milestones, this includes steps

to departure.

Please note that families who have had a negative merits review decision are not eligible to

receive enhanced support, however, the vulnerability criteria relating to children at risk of harm

and parents of minors at risk of harm would take into consideration a family with children at risk of

destitution or homelessness.

Document 1

6 of 9

Document 1

7 of 9

Status Resolution Support Services (SRSS) Programme Operational Procedures Manual (Version 5) 2017 | 186

14.2 SRSS Acronyms

ABF Australian Border Force

AMEP Adult Migrant English Programme

APOD Alternative Place of Detention

ASA Accommodation Suitability Assessment

ASAS Asylum Seeker Assistance Scheme

AVO Apprehended Violence Order

BHG Basic Household Goods

BVE Bridging Visa E

CAS Community Assistance Support

CDT Community Detention Team

COI Commencement of Identity

CP Community Placement

CPON Community Programmes Operations Network

DIBP Department of Immigration and Border Protection

DHS Department of Human Services

DHSP Detention Health Service Provider

DSP Detention Service Provider

ESL English as a Second Language

FASSTT Forum of Australian Services for Survivors of Torture and Trauma

HAS Health Advice Service

HAS Household Allowance Scheme

HDA Health Discharge Assessment

HDS Health Discharge Summary

IAP Immigration Assistance Programme

IGOC Act Immigration (Guardianship of Children) Act 1946

IHMS International Health and Medical Services

IMA Illegal Maritime Arrival

IOM International Organization for Migration

IRH Immigration Residential Housing

ITA Immigration transit accommodation

MBS Medicare Benefits Schedule

OT Occupational Therapy

OPM Operational Procedures Manual

PAM Policy Advice Manual

PBS Pharmaceuticals Benefits Scheme

PGPA Act Public Governance, Performance and Accountability Act 2013

SRSS Status Resolution Support Services

SCWA State Child Welfare Agency

TIS Translating and Interpreting Service

TOP Transition Out Plan

UAM Unaccompanied Minor

UHM Unaccompanied Humanitarian Minor

Document 1

8 of 9

Status Resolution Support Services

(SRSS) Programme

Operational Procedures Manual Version 5

Addendum

2.1.6 Band 6 Eligibility

Eligibility for Band 6 Services is based on a non-citizen in the Australian community (who is not detained

under the Act), who is assessed as experiencing financial hardship and is seeking to engage Australia’s

protection obligations through the grant of an appropriate protection or humanitarian visa. For IMAs, this

means being invited or having an application for a TPV or SHEV with the Department or with merits review.

For non-IMAs, as well as demonstrating financial hardship, their original entry visa to Australia must be

expired, they must hold a valid BVE and have a valid Protection Visa application awaiting assessment with

the Department or with merits review. Individuals cannot request the cancellation of their substantive visa in

order to be eligible for SRSS.

A person or family can be considered to be in financial hardship when:

− the income of the family unit is less than 89% of the Centrelink Special Benefit payment that would

be paid to a family of similar size and composition

− there are no disposable assets or funds in Australia or overseas that the family can draw upon to

sustain themselves

− there is no continuing and adequate support from family, friends or other people or organisations in

the Australian community or overseas.

Individuals whose country of origin has reciprocal health rights and services with Australia (New Zealand,

United Kingdom etc), may not be eligible to receive support through SRSS.

Individuals or families who are found to be transferring funds overseas are not eligible for SRSS.

s. 22(1)(a)(ii)

Document 1

9 of 9