Are people abusing Australia's protection visa to stay in the country?

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Key Points

Experts say applying for protection visas is being seen as an ‘affordable’ way to extend stays in Australia.
The federal government has launched Operation ABAXIAL to crack down on ‘non-genuine’ protection visa applications.
Over 26,000 people have applied for the protection visa onshore since February 2024.

Arshdeep (not his real name) has been living and working in Australia for the past two years while he awaits a decision on his application for a protection visa.

The Indian national arrived in Australia on a three-month tourist visa and, when that lapsed, applied for the protection visa.

“I wanted to extend my stay in Australia. My agent suggested (the) protection visa pathway. It was an affordable alternative to (be able to) stay and work here,” he told SBS Punjabi.

He didn’t know the grounds for his application as his agent “took care of it,” he explains.

Arshdeep paid $1,500 to his agent despite the application fee for the being $45.

Arshdeep is not alone in taking the ‘affordable’ option to extend his stay in Australia.

Rise in onshore protection visa applications

According to Department of Home Affairs data, 26,287 people applied for the onshore protection visa from .

This is a rise from a total of .

Only 0.80 per cent of onshore protection visa applications from Indian nationals were granted in, 0.61 per cent in, and 0.70 per cent in .

Experts believe there has been a rise in the applicants due to the “closure of other routes” to be able to stay and work in the country.

Migration lawyer, Ajay Bansal Credit: Ajay Bansal

“The Australian government has . People who would jump from tourist visa to student visa or from one student visa to another are now not allowed to do (so anymore),” Ajay Bansal, principal solicitor at Bansal Lawyers, told SBS Punjabi.

“Thus, they are looking for other options.

“Until a final decision is received on their visa applications, all applicants get rights to stay and work in Australia.

“This lures even the non-genuine applicants to consider this option to extend their stays here.”

Bansal said that while many people faced economic hardship and limited opportunities in their home countries, this was not grounds for applying for protection visas.

He said the average protection visa application processing time of between two-and-a-half years to, in some cases, five years was another lure.

People saw this time as a way to satisfy their “short-term economic goals” and “improve their living conditions back home”, he said.

“However, the processing times are getting (shorter). A protection visa application is being opened as early as (between) four-eight weeks now.

“Once a file opens, applicants are asked for further information and supporting documents. If an applicant fails to fulfil the conditions, their application can be rejected within months.”

He added that people often did not realise there were serious consequences for “disingenuous” applications.

Effect on genuine applications

Bansal said the rise in ‘non-genuine’ applications was slowing down processing times for authentic cases — people who fear persecution or even death if they returned to their home countries.

For example, Australia was comparatively safer for certain communities such as the LGBTQI+ community as well as certain religious minorities, he said.

He added that people from these groups therefore had every right to apply for the visa.

“Even though (the visa is) being misused, these rights need to continue to be there to ensure the genuine applicants are not harmed,” he said.

The Department of Home Affairs has also launched a campaign to educate people about the dangers and consequences of applying for a protection visa when not eligible.

Harpreet Singh Kandra is the ambassador for the Indian community for the government’s protection visa campaign. Credit: Harpreet Singh Kandra

Harpreet Singh Kandra has been appointed as ambassador for the Indian community as part of the protection visa campaign.

He told SBS Punjabi that “misinformation” about the visa system was a problem in the community.

“Many dodgy ‘migration agents’ tell people to file for a protection visa as a legit way to stay in Australia and make them pay hefty amounts for it,” he said.

“But people need to check if they are eligible for the visa.”

He also urged people to only seek consultations with registered agents.

“Even if people could stay here while their visa is still being processed, once a non-genuine person is found, they can face deportation and even jail time,” Kandra said.

“If found misusing the system, one can be barred from applying for any visas for Australia in future. The consequences can extend to their family members as well.”

Operation ABAXIAL

The federal government launched in February 2024 to crack down on ‘fake’ protection visa applications.

As of 13 August 2024, the operation resulted in 88 people being removed from Australia.

A further 66 people whose protection visa applications were refused have left Australia voluntarily, according to the Department of Home Affairs.

The department also claims that most new applications are now being decided almost eight times faster compared with recent years to allow quicker visa grants to genuine applicants and swifter refusals for those misusing the system.

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Disclaimer: This content is for general information purposes only and should not be used as a substitute for consultation with professional advisers.

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