• • • • cerning his eligibility for protection, and the US government makes no submissions against the application. • Adversarial procedure – for individuals who have been placed in immigration court removal proceedings, i.e. asylum is raised as a defence against removal. The US government is represented in all cases by an attorney. However, the asylum-seeker often has no legal representation, as they are ineligible for free representation.37 The Department of Homeland Security takes responsibility for the processing of asylum claims. Within the Department there are three agencies likely to come into contact with VoTs: Immigration and Customs Enforcement (ICE), the interior enforcement branch; Citizenship and Immigration Services (CIS), which includes asylum officers and other adjudicators; and Customs and Border Protection (CBP), which handles inspections at land borders and airports. The “one-year bar” is a controversial rule whereby an asylum-seeker must prove they applied for asylum within one year of entering the USA or that they fall into one of two limited exceptions.38 This rule does not take into account that many asylum-seekers who arrive in the USA have faced physically and mentally traumatic journeys and may not be able to familiarise themselves with the asylum system or even be aware that they are eligible to claim asylum. Applicants who are denied asylum may appeal the decision to the Board of Immigration Appeals, then to a Circuit Court of Appeals and finally to the US Supreme Court.39 If asylum is denied, but protection is given under the UNCAT, benefits are limited as they do not lead to permanent residence or citizenship, and do not provide derivative protection for dependents. In contrast, an asylee can obtain asylum for the dependent spouse and minor children and may apply after a year for permanent residency, and after five years for US citizenship.40 The Pacific – Key asylum trends and procedures Asylum trends • • • • Asylum procedures in Australia • The number of asylum applications in the region increased by 36 percent during 2012. Australia saw applications increase by 37 percent. In New Zealand, the number of asylum applications lodged has remained fairly stable over the past seven years (on average 300 new claims per year).41 Australia and New Zealand both provide for an annual quota of resettlement refugees. There is a two-tiered refugee determination procedure depending on whether the asylum-seeker arrives on the mainland or at one of the excised offshore places (e.g. Christmas Island): • Arrival on the mainland — the Department of Immigration and Citizenship (DIAC) makes a primary assessment as to whether an applicant meets the criteria for refugee status. If the person is not a refugee but is at risk of human rights abuse on return, including torture, they might be elegible for complementary protection. If the ... Recognising victims of torture in national asylum procedures / 17