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Protection visas are for asylum seekers

​​​​​Protection visa applicant stories

Jone the PALM scheme worker

Jone came to Australia on a Temporary Work (International Relations) (subclass 403) visa under the Pacific Australia Labour Mobility (PALM) scheme in 2024 to work on a farm in Queensland. After just 4 months he moved to Brisbane to look for another job, but he did not tell his employer. One of Jone’s friends suggested he should apply for a Protection (subclass 866) visa as a good way to stay in Australia longer to work. Jone took his advice and applied for a Protection visa.

As Jone did not meet the visa criteria, the Department of Home Affairs (the department) refused to grant him a Protection visa after a few months. The department also cancelled his Temporary Work visa because he stopped working for his PALM scheme employer. Despite this, Jone stayed in Australia and kept working without a visa. After a few weeks the Australian Border Force (ABF) identified and detained him. He spent 3 months in immigration detention before the department removed him from Australia. Jone now owes the Australian Government thousands of dollars for the cost of his removal, and he may not be able to return to Australia.

Jone’s son Jioji wants to come to Australia to work under the PALM scheme. However, because his father’s visa was cancelled and his protection visa was refused, Jioji may struggle to get a visa to travel to and work in Australia.

Jone’s lesson: A refused Protection visa application stays on your immigration record for life and can make it harder for you and your family to come to Australia in the future. 

Gabriella the student

Gabriella moved from her home country to Sydney on a Student (subclass 500) visa in 2022. When she was close to finishing her course and preparing to return home, she saw a TikTok from someone claiming to be a ‘migration adviser'. They said they could get people permanent residence in Australia.

Although their fees were high, the adviser said they would take care of everything and make the application for her. Because Gabriella trusted them, she did not check what visa the adviser had applied for. She was not aware they had applied for a Protection visa on her behalf using bogus documents and providing false information.

The visa decision-maker at the department quickly identified the bogus documents and false information. They determined that Gabriella did not meet the criteria for a Protection visa and the department refused to grant her a visa shortly after. She could now face a large fine and up to 10 years in jail for providing false and misleading information in her Protection visa application.

Gabriella’s lesson: Do not pay anyone for visa advice in Australia unless they are a registered migration agent or Australian legal practitioner. ​

Ahn the visitor

Ahn arrived in Australia on a Visitor (subclass 600) visa in 2024. She paid an agent in her home country a lot of money to organise the visa, which the agent falsely claimed would allow Ahn to work while here. The agent also gave her the phone number of someone in Melbourne who would give Ahn a job when she arrived.

After Ahn contacted this person, they sent her to work on a citrus farm in Victoria. She was told that an application had been made on her behalf for a visa that would let her stay and work in Australia permanently. All she had to do was attend a biometrics interview at the department to have her photo taken and her fingerprints recorded.

Ahn travelled to Melbourne for her interview and was surprised when she discovered that the application was for a Protection visa. This visa was not for people like her who wanted to stay in Australia to work. As she did not speak English well, Ahn kept quiet and did not tell the department that she was not eligible for a Protection visa. Instead, she returned to the citrus farm and kept working.

Ahn soon realised the department had refused her Protection visa application, which meant she could not apply for most other visas while she was in Australia. Shortly after that, her Visitor visa expired. Because Ahn no longer held a valid visa, the ABF detained and removed her. She now owes the Australian Government thousands of dollars and has returned home with much less money than when she arrived in Australia.

Ahn’s lesson: You should always know what type of visa you are applying for, even if someone else is applying for you.

Qian the visitor

Qian came to Australia in 2025 to visit friends who were studying at university. A friend showed him an ad on Red Note from a business claiming they could get people Australian permanent residence visas.

Qian contacted the business who told him they could apply for a Protection visa on his behalf using a fake story about his circumstances at home. Although Qian felt uneasy about this, he paid a large fee to let the business make a Protection visa application for him.​

A few days later, Qian saw a social media post on the department’s Facebook page that said Protection visas were only for asylum seekers. Qian became alarmed, so he did his own research. He soon discovered that the department refuses more than 85% of Protection visa applications because the applicant does not meet the visa criteria. Applicants from some countries have a refusal rate close to 100%.

Qian also learned that a Protection visa comes with travel restrictions. If the department granted him a Protection visa, he would need to seek permission from the Australian Government to visit his home country, even to see his family. Qian also discovered that a refused Protection visa application would stay on his immigration record for life. This would make it difficult for him and his family to ever return to Australia.

Qian decided the risks were not worth it. Although he knew he was unlikely to get back the money he paid the business, Qian withdrew his Protection visa application.

Qian’s lesson: If you get a Protection visa, you will not be able to travel to the country you have sought asylum from without permission from the Australian Government. This applies even if you want to visit family.

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