More than one hundred people who were refused a Protection visa on the basis they did not engage Australia's protection obligations have now been located and detained by the Department of Home Affairs. This includes people who sought to misuse Australia's Protection visa system.
Operation ABAXIAL, launched on 26 February 2024, has made significant progress in identifying, detaining and removing individuals whose Protection visa claims did not meet the criteria.
As of 13 August 2024, Operation ABAXIAL has resulted in 88 people being removed from Australia. A further 66 people whose Protection visa applications were refused have left Australia voluntarily.
Non-citizens who do not hold a visa should make arrangements to leave Australia as soon as possible, otherwise they will be liable for detention and removal. An Australian visa refusal can affect future visa applications to Australia and other countries.
Australia's Protection visa system is designed for genuine asylum seekers at real risk of significant harm or persecution in their home country. The Australian Government will not tolerate disingenuous applications from temporary visa holders who are simply seeking to extend their stay in Australia for other purposes.
In response, Home Affairs has implemented major changes to the Protection visa application process, with most new applications now decided almost 8 times faster compared with recent years. This allows for quicker visa grants to those in genuine need and swift refusals for those misusing the system.
Applicants are now able to access free legal advice from specialist refugee and immigration legal providers in every state and territory when lodging Protection visa applications - making it easier for them to navigate Australia's visa regime while helping reducing ineligible Protection visa applications.
But applicants whose Protection visa application is refused and who do not hold a valid visa must leave Australia. Those without valid visas face detention and removal.
It is a criminal offence to employ, refer, coerce or contract a non-citizen who doesn't have the right to work in Australia. Employers face penalties for allowing illegal work.
It is quick and easy for employers to do the right thing: they are able to check the work rights of prospective employees by using Home Affairs' Visa Entitlement Verification Online system to ensure they do not inadvertently allow illegal work. Check visa conditions online (VEVO).
Meanwhile, the Australian Government remains committed to maintaining the integrity of our migration system and ensuring those in genuine need of protection receive timely and effective support.
Quotes attributable to ABF Assistant Commissioner Immigration Compliance Operations Sandra Jeffery:
"The Australian Government will not tolerate disingenuous Protection visa applications. The success of Operation ABAXIAL shows that people who attempt this are wasting their time. Unfounded protection claims will not succeed. If you don't hold a valid visa you should leave Australia now," Assistant Commissioner Jeffery said.
"The Department of Home Affairs is committed to ensuring our Protection visa system remains fair and efficient. By decreasing Protection visa processing times for most new applications and targeting those who misuse the system, we are able to provide faster support to genuine asylum seekers, while maintaining the integrity of our immigration system," she said.
"It always remains the responsibility of incoming international travellers to ensure they comply with Australia's strict visa programs," Assistant Commissioner Jeffery said.
