Black and Skipsey: Careers in refugee rights and migration 

By Joseph Black (JD II)

Many students may have little idea of what sort of career they would like to pursue after graduating from their degree. Others may have some sort of idea. Why not pursue a career in refugee rights and migration? Here are some highlights of a discussion Joseph Black had with Mitchell Skipsey, Lawyer at The Refugee Advice & Casework Service (RACS), on the field.

J: Thank you so much for being open to an interview, Mitchell.  Let me start with perhaps a big question: How can one start a career in refugee rights and migration, and what kinds of careers are available for law students?

One consequence of the limitations on funding and resources in the sector is that there’s not necessarily a single well-trodden path for graduating law students [unlike, say, clerkship programs at big firms]. Instead, there’s a variety of ways into this kind of work, such as through government teams at various Legal Aid commissions, community legal centres like RACS, or even some private firms working in migration [ranging from suburban solicitors through boutique firms and right up to a couple of fairly major organisations]. That means that plenty of my current and former colleagues have come from a wide array of backgrounds working with different kinds of people-centred areas of law, and go on to do a number of diverse and interesting things within the law. 

J: How did you start your current career? Why did you choose to work with RACS? 

While I was at uni, I worked part time at a boutique migration firm in Parramatta, Kah Lawyers. When I finished my degree in 2013, I started work there as a graduate but for the first year I was able to balance my time 50-50 with academic work at Sydney Uni as a research assistant to Mary Crock. I learned plenty of different skills in each context, and after about 18 months a role at RACS opened up. I applied and have been here ever since. 

J: What have been the most difficult parts of your current career? The most enjoyable?

I sometimes describe refugee law and jurisprudence as “relatively narrow, but extremely deep” – it’s a very complex area that’s constantly changing, particularly at the behest of the federal government. The parts of my work I find hardest often involve having to explain to clients why very complex and seemingly arbitrary decisions made by governments or courts have operated to alter and, often, seriously restrict, their rights. Those conversations are made harder by the fact that when such changes happen, they often affect large numbers of people – meaning that we find ourselves having these same difficult conversations over and over again in quick succession.

The most enjoyable parts are, essentially, the “wins”. We get to meet some incredible people in this work, from political dissidents, to women’s rights activists, to members of religious and philosophical minorities. The only real universal common thread is that something has forced them to flee their homes and come to Australia. It’s a privilege to meet many of these people, and it’s even more satisfying to be able to help them achieve safety and start to build a new life. It’s those moments you remember, many of which I’ll be proud of for the rest of my life.

J: How can lawyers working in refugee rights and migration practice self-care and maintain well-being? 

I think every single one of my colleagues has their own answers to this, as it’s something we all have to deal with every day given the emotional toll our work can take and the vicarious trauma that comes with it. There’s some universal “dos” (exercise, sleep, learning to “switch off” at the end of the day, taking leave before you burn out, etc) and “don’ts” (work yourself into the ground, isolate yourself from relationships, etc), but the specifics really vary from person to person. It can be difficult, as we can’t discuss client situations and what they’ve been through due to confidentiality, but I do debrief regularly with my wife about how I am feeling, at the end of a day over a glass of wine. I also go on long runs.

J: As a lawyer working in refugee rights and migration, one may find oneself interacting with individuals coming from different cultures and with diverse cultural practices. This may make communication difficult at times. Should lawyers seek to enhance intercultural communication skills, and how can they?

I think the answer to the first part of your question is “definitely, yes” – the second part is a bit harder. There’s some concrete skills that we can become more comfortable with, such as how to use interpreters or learning about a few relatively general cultural/religious issues, but a lot of intercultural communication simply comes with practice and an openness to others’ ideas and experiences. For myself, I find it helpful to make an effort to read and consume art from a variety of other cultures, particularly those I’ll find myself coming into contact with regularly, and drawing a lot on things I learned in my humanities subjects at uni. And, ultimately, I think the most important thing I have to keep reminding myself of: try and listen more than you talk, and do so with humility and openness.

J: Can students do anything during their degrees to prepare for a career in refugee rights and migration? 

There are obviously certain subjects that are directly relevant to the subject matter [migration law, administrative law, etc], but really a lot of what we’re looking for in a prospective refugee lawyer is about your interpersonal skills and your values. Volunteering in this and related sectors [including both legal and non-legal volunteering], and/or participation in projects that show thoughtfulness and generosity in helping more vulnerable people, can really signal that you’re somebody who’s committed to this kind of work and that you’ve got the personal management skills to handle some of the more rocky moments. It’s also extremely helpful if you learn to speak one or more other languages!

J: Can students volunteer at RACS? If not physically at RACS amid the pandemic, can they volunteer remotely? Do you have any links to RACS volunteer opportunities? 

What a great follow-up question! In short, yes – recent grads or near-grads can do their PLT at RACS even during our COVID-19-modified times. RACS offers remote supervision in line with the requirements of the GDLP program if that’s something you’re interested in. Unfortunately, while we usually also have a small army of legal student volunteers helping us with answering phones, filling forms, etc we’re not able to take on new volunteers at the moment due to COVID-19, but look forward to having new volunteers join us in the future.

There are a couple of non-legal volunteer roles available, involving fundraising and communications, which can be done remotely.

You can find information about our volunteer opportunities, and/or apply, at: https://www.racs.org.au/volunteer

J: Moving onto policy, the idea of implementing a sponsorship program for refugees similar to the one in Canada seems to have gained traction in Australia recently. Do you think this could be a possibility in Australia?

Australia already has a program designed to support community sponsorship of refugees for resettlement, known as the “Community Support Program”; it’s still relatively small and new, and relies upon community resettlement organisations as intermediaries rather than simply individual or groups of citizens as in the Canadian model. There are a lot of exciting possibilities bound up in the idea of directly engaging Australians in resettling people in need, and I think there are plenty of generous people who would gladly get involved. The pitfalls, though, with any such model would be if governments were to use this as a reason to evade responsibility for caring for the world’s displaced people, and shift it onto individuals instead. I think it’s therefore vitally important that any sponsored resettlement program operates in addition to existing programs, rather than being used to reduce the resettlement places offered by the Australian government directly.