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The RMP provides support to children and young people who are refugees, under 18years of age and are in Victoria without their parents. They are known as ‘Unaccompanied Humanitarian (or Refugee) Minors’ (UHM’s).The Department of Immigration and Border Protection (DIBP) refer UHM clients who reside in Victoria with a custodian or a carer to the RMP.
There are three different types of unaccompanied minors:
•UHM non-wards are young people who are granted a visa under Australia’s Humanitarian Program and entered Australia in the charge of or for the purposes of living with a relativewho is 21 years or older. DIBP will ask the relative to sign an Agreement to Undertake Care (or a ‘care undertaking’).
•UHM wards are young people who are granted a visa under Australia’s Humanitarian Program anddid not enter Australia in the charge of or for the purposes of living with a parent or relative who is 21 years or older. The Minister for Immigration and Border Protection becomes the legal guardian of wards, and request the DHS (through the RMP) to act as the delegated guardian (refer to Section 5(1)of the IGOC Act).
•Unaccompanied asylum seeking minors are children and young people under the age of 18 years whoenter Australia without parents or a relative, and apply for refugee status under the Refugee Convention. They may have no approved visa status and will be classified as being in either ‘Community Detention’ or ‘Alternative Place of Detention’ or may hold a Bridging Visa.
On 31 May 2013 the Immigration (Guardianship of Children) Delegation 2013 (Instrument of delegation) was signed by the Minister for Immigration, which allows for the Minister’s guardianship of unaccompanied minors who are recognised as wards to be delegated to the States and Territories.
The RMP’s role in such cases requires careful consideration and negotiation with DIBP, and may include searching, assessing and approving prospective custodians; reporting and providing a recommendation to DIBP as to the outcome of the assessment for their consideration; and working with custodians, carers and the child/young person.
To receive this publication in an accessible format phone9096 0000, using the National Relay Service 13 36 77 if required.Authorised and published by the Victorian Government, 1 Treasury Place, Melbourne.
© State of Victoria, Department of Health and Human Services May, 2017.
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