Australia now makes asylum seekers pay A$1,863.50 upfront to appeal a refused protection visa

L2Who’s affected

More than 111,000 people living in Australia have a failed protection visa claim, and almost 35,000 of them are contesting the refusal at the tribunal, according to Home Affairs data cited by SMH. The fee is not payable by people in immigration detention, or when the application is combined with another one whose fee is paid (Register of Legislation). Applicants have 28 days to seek review (ASRC; The Wire). ASRC deputy chief executive Jana Favero: "Nobody's right to challenge a government decision that could put their life in danger should depend on how much money they have in their bank account."

L3Why it’s quiet

Analysis · OVERLOOKED The change came by regulation, not legislation. SMH reports refugee services did not expect it and tribunal officials did not mention it at Senate estimates the Monday before.

L4Deeper impact

Home Affairs Minister Tony Burke, in a statement: "Sadly, 85 per cent of those who appeal the decision are found not to be owed protection obligations and, of those, less than 20 per cent have been paying." He said fewer meritless applications would make the system faster for genuine asylum seekers (SMH). Former immigration department official Abul Rizvi said tightening other visa rules makes "a breakout in asylum applications" more likely (SMH).

L5Full context

The tribunal had 34,546 protection visa appeals at the end of September, taking a median of one year and 37 weeks. Of 6,729 cases it dealt with in the first three months of the financial year, 4,778 refusals were upheld and 521 overturned (SMH). The whole fee must be refunded if the tribunal varies the decision, sets it aside or remits it, among other cases (Register of Legislation). So-called "visa overstayers" have become a political issue pursued by the Coalition and One Nation (SMH).

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