Need help? We are available to speak to you 7 days a weekRead More

Covid 408 visas are expiring now - learn more about your options here.

Need help? We are available 7 days a week.

0800 010 010
Open 7 days
1300 150 745

Afghanistan visa Australia

Managing Associate (Lawyer)
May 16, 2024
15
minute read

The Australian Afghanistan humanitarian visa

The Australian Government is offering limited humanitarian visas to Afghan citizens seeking refuge in Australia. However, with only 3000 visa places currently allocated for Afghan refugees and a success rate of less than 10%, the process can be challenging and slow. Applicants are encouraged to visit the Australian Government's website for detailed information on humanitarian visa options or contact the provided phone number for assistance.

Individuals from Afghanistan can access Form 842 Application for an Offshore Humanitarian visa, with no application fee required. If unable to apply personally, another individual, such as a close family member or an Australian official, can apply on their behalf by completing Form 956. However, the success of the application largely depends on various factors, including the priority given by the Australian Government. Alternatively, Aghani nationals may apply for the Global Special Humanitarian visa (subclass 202), requiring an Australian sponsor. 

Priority for humanitarian visas is given to Afghan allies of the Australian Defence Force and those with Australian relatives. Factors such as the severity of persecution and danger in their current situation influence prioritisation. Afghan individuals with Australian relatives can apply through the Family Stream, but it's costly and lengthy. Consulting an Australian Migration Lawyer is recommended. DFAT tracks visa holders and applicants for processing and travel arrangements; registration on the DFAT Smartraveller portal is advised.

If you require resources in an alternate language, they can be found here:

How do you apply for a protection visa as an Afghani national in Australia?

The eligibility criteria for Afghani protection visas:

The first Humanitarian visa avenue open to Afghani nationals is through the Offshore Humanitarian stream (Form 842). Applicants must demonstrate that they are subjected to substantial discrimination in their home country, amounting to a gross violation of their human rights. This criterion aims to provide protection and assistance to those facing severe persecution or discrimination based on various factors such as race, religion, ethnicity, or political beliefs.

Furthermore, meeting the health and character requirements is essential for both the applicant and any accompanying family members. This ensures that individuals entering Australia do not pose a health or security risk to the Australian community. Additionally, applicants are required to sign the Australian values statement, confirming their commitment to respecting the Australian way of life and obeying Australian laws.

Priority for Humanitarian Program placements extends to various groups outside Afghanistan, including certified former Locally Engaged Employees (LEE) and their immediate family members, immediate family members of Refugee and Humanitarian visa holders, security personnel, Afghan government and military officials previously employed by the Australian Government, women, girls, ethnic minorities, LGBTQI+ individuals, and other identified minority groups, as well as refugees referred by the United Nations High Commissioner for Refugees (UNHCR) for resettlement in Australia.

Another avenue to apply for a protection visa is to apply for a Global Special Humanitarian visa (subclass 202), which requires an Australian sponsor. To be eligible for a Global Special Humanitarian (subclass 202) visa, certain criteria must be met. Firstly, applicants must be residing outside Australia and their country of origin at the time of application. This ensures that individuals are genuinely seeking refuge and assistance from persecution or discrimination in their home country. Additionally, applicants need to have a proposer who can be either an Australian citizen, an Australian permanent resident, or an organisation based in Australia. Immediate family members can also act as proposers if they meet the eligibility requirements for a split family visa application. The proposer plays a crucial role in supporting the applicant's resettlement process and may be responsible for covering travel expenses if needed. 

[free_consultation]

Book a Consultation


If you are interested in getting more information about a visa, get in touch with Australian Migration Lawyers for a consultation.
[/free_consultation]

Supporting documentation for the Afghanistan visa

Identity Documents:

  • Current passport pages displaying photo, personal details, and issue/expiry dates.
  • National identity card (if applicable).
  • Proof of change of name (e.g., marriage certificate).

Humanitarian Circumstances:

  • Proof of registration with international refugee organisations (e.g., UNHCR).
  • Detailed statement in English explaining reasons for leaving their home country.

Visas or Residence Permits:

  • Certified copies of any visas or residence permits held.

Relationship Documents:

  • Certified copies of marriage certificates or relationship registrations for all applicants.

Photographs:

  • 2 passport-sized photographs per applicant (for paper applications).

Application Forms:

  • Form 681 Refugee and special humanitarian proposal.
  • Form 842 Application for an Offshore Humanitarian Visa.
  • Additional proposal form for Community Support Program (if applicable).

Character Documents:

  • Military service records or discharge papers (if applicable).

Notification of Assistance:

  • Use Form 956A for authorised recipient nomination or Form 956 for immigration assistance nomination.

Partner Documents:

  • Identity documents.
  • Character documents.
  • Documents proving relationship or de facto status.
  • Any visas or residence permits held.
  • Photographs as per specifications.

Dependents under 18 Documents:

  • Identity documents or explanation for absence.
  • Proof of relationship.
  • Any visas or residence permits held.
  • Marriage certificates or relationship registrations.
  • Character documents if applicable.
  • Photographs as per specifications.

Dependents over 18 Documents:

  • Identity documents.
  • Documents related to other relationships.
  • Character documents.
  • Any visas or residence permits held.
  • Photographs as per specifications.
  • Proof of dependency.

Translation:

  • Translate all non-English documents into English, including full details of translators.

Document Preparation for Online Applications:

  • Colour scan or photograph of all documents.
  • Ensure clarity and proper labelling.
  • Combine multi-page documents into one file.
  • Save photos under the individual's name and label other files in English.

Additionally, if you are applying for a Global Special Humanitarian visa (subclass 202) 

  • Proof of sponsor's Australian citizenship, permanent residency, or organisational affiliation.
  • Relationship proof (if sponsor is a family member).
  • Confirmation of sponsor's financial support for travel expenses.
  • Documentation related to IOM travel assistance, including NILS application and travel bookings.
  • Commitment to assist with settlement in Australia.

Lodging an Afghanistan humanitarian visa 

The process of lodging your application for a Humanitarian visa can be completed online or by post. Applying online is the preferred method, offering convenience and efficiency. Submit the necessary forms, including Form 842 for the Offshore Humanitarian visa and Form 681 for the refugee and special humanitarian proposal, along with required documents, through the online webform. Alternatively, if opting for a paper application, mail the completed application and supporting documents to the Special Humanitarian Processing Centre at the Department of Home Affairs in Sydney, NSW, using the provided address: GPO Box 9984, Sydney, NSW 2001.

Alternatively, if applying offshore using a Form 842, applications can be submitted to the following addresses:

[table]

[thead]

[tr]

[th]Application location [/th]

[th]Address for refugee applications (form 842 only)[/th]

[/tr]

[/thead]

[tbody]

[tr]

[td]​Africa (including Egypt), Europe, Israel, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan[/td]

[td]Australian High Commission, Nairobi, Kenya

​Post, PO Box 39765, Parklands, Nairobi Kenya, 00623

Courier, Limuru Rd, Rosslyn, Nairobi Kenya 00621

[/td]

[/tr]

[tr]

[td]Turkiye, Georgia, Azerbaijan[/td]

[td]Australian Embassy, Ankara, Turkiye

MNG Building, Ugur Mumcu Caddesi 88, 7th Floor, Gaziosmanpasa, ANKARA 06700, Turkiye​

[/td]

[/tr]

[tr]

[td]​India[/td]

[td]Australian High Commission, New Delhi

1/50 G, Shantipath, Chanakyapuri, New Delhi 110021

[/td]

[/tr]

[tr]

[td]Middle East (other than Israel), Afghanistan, Pakistan[/td]

[td]​Australian Embassy, Amman, Jordan​

Post, PO Box 35201, Amman 11180, Jordan​

Courier, 41 Kayed Al Armouti St Abdoun Al Janoubi, Amman Jordan

[/td]

[/tr]

[/tbody]

[/table]

Afghanistan visa conditions and compliance

If you enter Australia on a Global Special Humanitarian visa (subclass 202) or a Humanitarian visa (Form 842), then the following conditions will apply to your visa:

Stay and Rights:

  • Stay in Australia indefinitely.
  • Work and study in Australia.
  • Enrol in Australia's public healthcare scheme, Medicare.
  • Propose family members for permanent residence.
  • Travel to and from Australia for 5 years.
  • Eligible to become an Australian citizen.
  • Attend free English language classes through the Adult Migrant English Program.

Duration of Stay:

  • Permanent residency begins upon entering Australia on the visa.

Family Inclusion:

  • Eligible family members include partners, dependent children, partner’s dependent children, and other dependent relatives.
  • Family members must meet health and character requirements.
  • Declaration of all family members required, even if not applying together.

Cost:

  • No visa application charge unless proposed under the Community Support Program.

Obligations:

  • Enter Australia before the specified initial arrival date.
  • Obey all Australian laws.

Travel:

  • Responsible for arranging travel to Australia.
  • Can travel to and from Australia for 5 years.
  • Need Resident Return Visa (subclass 155 or 157) after 5 years.

Visa Label:

  • Visa digitally linked to passport or travel document; no physical label provided.

[aml_difference][/aml_difference]

The processing time for an Afghanistan-Australian visa

The Department aims to process humanitarian visas as quickly as possible, however there is a significant number of applications every year.

While efforts are made to process humanitarian visa applications promptly, processing times vary based on individual circumstances, location, and access to documentation or officials. With Australia's humanitarian resettlement program focused in neighbouring countries and beyond, applications not aligning with priorities may be refused, emphasising the need for safety considerations in Afghanistan and timely notification of changes in personal circumstances.

Engaging with immigration lawyers for success

Engaging an Australian Migration Lawyer is highly beneficial when submitting a protection claim. They understand Australia's visa rules well and can guide applicants through the process efficiently. With their help, applicants can ensure all necessary documents are in order and meet the eligibility criteria. Migration lawyers can also handle any legal issues that may arise, making the process smoother. Their expertise boosts applicants' chances of success and eases the stress of the application journey.

The Afghanistan protection visa interview

When attending your protection visa interview at the Department of Home Affairs (DHA), it's important to plan your logistics, understand your statement, and share any new information beforehand. During the interview, an interpreter will assist, and honesty is paramount. Expect detailed questions about your identity, truthfulness, and potential harm in your home country. Be consistent with your statement and address any discrepancies. The officer may have access to various information sources and will address any doubts or concerns. Share any additional relevant information promptly. After the interview, you can provide new information, but honesty is crucial to maintain credibility. Seek professional advice from an Australian Migration Lawyer if needed, especially if unsure about post-interview correspondence from Immigration.

In the interview, the following types of questions may be asked of applicants:

Documentation and Application Review:

  • Questions about obtaining and verifying personal documents such as national ID, passport, work IDs, and immigration-related paperwork.
  • Inquiries regarding the accuracy of the information provided in the asylum application and who assisted in its preparation.

Personal Background and Circumstances:

  • Queries about personal details including marital status, family members, date of birth, place of birth, ethnicity, religion, education, employment history, and residency in different countries.
  • Questions about the applicant's immigration status, previous interactions with immigration authorities, and any involvement with the legal system.

Past and Potential Harms:

  • Interrogations about past experiences of harm or threats in Afghanistan, including details about the nature, frequency, and perpetrators of the harm.
  • Inquiries into the applicant's fears and concerns about returning to Afghanistan, potential risks, and reasons for seeking asylum.

Security and Allegiances:

  • Questions related to security matters, such as involvement with armed groups, interactions with terrorist organisations, payment of bribes or protection money, and encounters at checkpoints.
  • Inquiries about affiliations with political or opposition groups, connections to individuals associated with terrorist organisations, and potential interactions with family members or acquaintances involved in such activities.

Australian Migration Lawyers team

Managing administrative processes

Navigating the administrative process for Afghani humanitarian applicants can be complex, but with the right guidance and assistance, it can be manageable. Here are some key steps to help applicants effectively manage the administrative aspects of their visa application:

Seeking assistance from an experienced Australian Migration Lawyer can significantly simplify the administrative process. These professionals possess in-depth knowledge of immigration laws and procedures and can provide invaluable guidance tailored to individual circumstances.

It's crucial for applicants to thoroughly understand the requirements for their chosen visa category. This includes meeting criteria related to family relationships, health, character, and identity. A Migration Lawyer can help clarify these requirements and ensure all necessary documentation is provided.

Applicants should carefully prepare and review all required documentation before submission. This may include personal identification documents, statements, and evidence supporting their asylum claim. A lawyer can assist in compiling and reviewing these documents to ensure accuracy and completeness.

Applicants may be required to attend interviews with immigration officials to discuss their asylum claim further. It's essential to attend these interviews promptly and provide truthful and comprehensive information. A Migration Lawyer can offer guidance on interview preparation and provide representation during the interview process.

Throughout the application process, immigration authorities may request additional information or clarification on certain aspects of the application. Applicants should promptly respond to these requests and provide the requested information in a timely manner. A Migration Lawyer can assist in drafting responses and ensuring compliance with immigration requirements.

Keeping abreast of updates and changes to immigration policies and procedures is vital for applicants. Additionally, applicants should seek support from reputable organisations and community groups that specialise in assisting refugees and asylum seekers. A Migration Lawyer can also provide ongoing support and guidance throughout the application process.

By following these steps and enlisting the support of an experienced Australian Migration Lawyer, Afghani humanitarian applicants can navigate the administrative process with greater confidence and efficiency.

Specific advice for your case

Whilst there are many useful resources available on the internet, sometimes it is essential to obtain advice specific to your case. Our Australian Migration Lawyers off initial consults to discuss what visa options are available to you, as well as advising you on the most strategic and appropriate pathway forward. It is difficult for any lawyer to provide advice on the specifics of your case without embarking on a thorough interview. 

Legal representation in appeals and reviews

Our team of Australian Migration Lawyers is well placed to provide you with ongoing support, from the time of application all the way through to any appeals and reviews that may be required.Once a decision has been made on your application, we'll promptly communicate the outcome to you. If your application is approved, it's a moment of celebration! However, if the decision is not in your favour, our lawyers are here to support you. We'll advise you on your options for appeal and, if necessary, represent you at Australia's administrative review tribunal or the Federal Court.

Possible changes to Immigration policies

The nature of immigration policy is that it is constantly changing and highly dependent on a variety of geopolitical factors. For this reason, it is difficult to predict the changes that are likely to occur in Australia. 

There are a few matters that the Australian Government has indicated they are likely to treat as a matter of significant concern. For example, Pakistan has introduced an 'Illegal Foreigners Repatriation Plan', requiring individuals without a valid visa to leave by 1 November 2023 or face deportation. Australian visa applicants and holders in Pakistan must comply with these exit permit rules, potentially affecting their travel to Australia. The Department is expediting humanitarian and family visa applications but cannot provide specific processing timelines. Those eligible for humanitarian visas can apply, but they should be aware of Pakistan's exit permit requirements. Collaboration with the Pakistani government and international organisations is ongoing to address refugee departure issues, particularly for Afghan refugees with Australian visas. This is a top priority for the Australian Government. 

Guidance from Australian Migration Lawyers

Managing administrative processes for Afghani humanitarian applicants can be intricate. Seeking assistance from experienced Australian Migration Lawyers simplifies the process significantly. They offer tailored guidance and ensure compliance with immigration laws. Understanding visa requirements thoroughly, compiling necessary documentation accurately, and attending interviews promptly are vital steps. Immigration authorities may request additional information, which should be provided promptly. Staying updated on policy changes and seeking support from reputable organisations are also crucial. By following these steps and seeking legal assistance, applicants can navigate the administrative process with confidence and efficiency.

Related articles

Powered by EngineRoom