This service will ensure possible applicants for a Protection visa (subclass 866) have access to accurate migration and visa advice. By contacting one of the free refugee and immigration legal providers listed on the Home Affairs website, they can find out if they are eligible and ensure they do not make the wrong decision.
“These free and confidential legal services can help people understand if they are eligible for a Protection visa before they apply,” a spokesperson for the Australian Department of Home Affairs said.
“This is important, because there can be consequences if you are found to be ineligible and your application is refused.”
Protection visas are for asylum seekers (and their family members) who face a real risk of significant harm if they return to their home country or a real chance of persecution on the grounds of race, religion, nationality, membership of a particular social group or political opinion. They are not for people who just want to stay longer in Australia to work.
A refused Protection visa application stays on a person’s immigration record. People whose applications are refused cannot apply for most other visas in Australia. It may also be harder for refused Protection visa applicants and their families to visit Australia in the future, even on a visitor, student or temporary work visa.
If a person does not hold a valid visa and does not depart Australia, they may be detained and removed from Australia. The applicant may end up having to pay the Australian Government for the cost of their removal, which could be thousands of dollars. It may impact future visa applications to other countries, depending on the visa they are applying for.
“Significantly more Protection visa applications are refused than granted. On average, more than 85% of all applications are refused as they do not meet the visa requirements. Applications from some nationalities have refusal rates close to 100%,” the spokesperson said.
Providing free legal help to possible Protection visa applicants also serves as a deterrent to using unlawful immigration advisers, who often tell people to give false and misleading information when applying for a Protection visa.
“Unregistered migration advisers who promote their services on social media and in online chat groups are telling people to use a Protection visa as a way to simply work or extend their stay in Australia,” the spokesperson said.
“These advisers tell applicants to provide false or misleading information and false documents when applying for a Protection visa, and some charge thousands of dollars for this incorrect advice. This activity is illegal and may result in the applicant facing large fines, possible jail time for up to 10 years, or both.”
In addition to free legal help, big changes have been made to the Protection visa application process to speed up processing times, with most new applications now being decided almost 8 times faster compared with recent years. This means a quicker grant of Protection visas to those in need and swift refusal for those who apply for a Protection visa to simply work or extend their stay in Australia.
“Anyone thinking about applying for a Protection visa is strongly encouraged to seek free advice from one of the refugee and immigration legal providers listed on the Home Affairs website,” said the spokesperson.
For more information about Protection visas and the free legal help available to potential Protection visa applicants, visit homeaffairs.gov.au/protection.
