As part of a campaign to raise awareness about the purpose of the Protection (subclass 866) visa, the Australian Government is urging Indian nationals living here to make sure their friends and family are not seeking asylum in Australia without a genuine claim.
The government has launched the campaign to educate people about who Protection visas are intended for and to counter misinformation being circulated among culturally and linguistically diverse communities in Australia, particularly by unregistered migration advisers seeking to exploit temporary visa holders.
The appeal to the Indian community in Australia comes after Indian nationals lodged more Protection visa applications than any other country in November 2024. In the same month, only 0.7 per cent of protection claims by Indian nationals were granted.
One of the campaign’s key messages is that Protection visas are for asylum seekers—people who face a real risk of significant harm or persecution if they return to their home country. Many applicants are unaware of the Protection visa criteria and are misguided about whether they are eligible. This then causes a backlog, delaying the processing of genuine cases.
A refused Protection visa application can have lasting effects, including limiting the applicant’s ability to apply for other visas or visit Australia in the future. It can even impact visa applications to other countries, depending on the type of visa being applied for.
The Role of Unregistered Migration Advisers
One of the main factors in non-genuine claims being submitted is unregistered migration advisers taking advantage of vulnerable temporary visa holders, including students.
These advisers are often active on social media or in online groups and give incorrect advice, often charging high fees. They coach visa applicants to give false or misleading information to make visa applications seem stronger and mislead people by telling them that Protection visas take a long time to process, so people can use them as a way to stay longer in Australia to work.
Awareness Campaigns to Educate the Community
Community leaders have taken the initiative to raise awareness about the risks and challenges of applying for a Protection visa. Harpreet Singh Kandra, who leads community awareness programs at the Gurdwara Sri Guru Nanak Darbar Officer and has been the ambassador for the Indian community in the Protection Visa campaign, explains that misinformation from unscrupulous advisers or even well-meaning friends can lead people to make costly mistakes.
“People often apply for a Protection visa believing it is simply a type of work visa that will help them stay longer in Australia. They end up spending significant amounts of money for incorrect advice, unaware of the serious consequences. A refused application stays on their immigration record, making future visa applications much harder,” Kandra warns.
Free Legal Assistance Available
Kandra stresses that free legal help is available to those considering applying for a Protection visa (subclass 866) to ensure they receive accurate information about their eligibility. Seeking legal advice from a specialist refugee and immigration legal provider can help individuals navigate the process, understand the eligibility criteria and learn about the implications of a visa refusal. It can also help determine whether another type of visa might be more suitable for an individual’s circumstances.
Misconceptions About Eligibility and Consequences of False Claims
Another significant issue is the misconception that political unrest in an applicant’s home country automatically qualifies them for asylum. Kandra explains that Protection visas are for people who are at real risk of significant harm or persecution in their home country, and that political instability alone does not mean someone automatically qualifies for a Protection visa.
Kandra says making false claims or providing false documents as part of a Protection visa application could lead to large fines and jail time and prevent family members from visiting or immigrating to Australia in the future.
“The system is complex, and applicants need to understand that taking the wrong approach can have long-term consequences,” Kandra says. “False claims not only jeopardise the applicant’s future in Australia but also harm the integrity of the entire process.”
Kandra also highlights the negative impact of these actions on the community. “It’s not just about the individual. It reflects poorly on the community they represent. We need to educate people about who these visas are meant for,” he says.
Integrity in Community Support Letters
Community organisations are often approached by individuals asking for support letters to assist a person’s visa application. Kandra cautions against .
“If someone applying for a Protection visa asks you to write a support letter for them, you should only do this if you believe they risk significant harm or persecution by returning to their home country,” he says. “Some may be upset if their request is declined but it is better to advise them to access the free legal advice in their state or territory for help with their application.”
-The report first appeared in The Indian Sun, Melbourne, 24/01/2025.
