If you’re applying for a Protection visa (subclass 866) in Australia, every single detail you include in your application must be truthful and accurate. This applies even if someone else fills in or submits the application on your behalf.
Australian law takes honesty in visa applications extremely seriously. Under the Migration Act 1958 (s.234), giving false or misleading information in your visa application is a criminal offence. The penalties are severe and the law allows for:
- Immediate visa refusal or cancellation
- Large fines
- Prison sentences of up to 10 years
- Long-term bans on returning to Australia
You are legally accountable for your visa application, regardless of who helps you prepare or submit it. Whether a registered migration agent or immigration lawyer completes the form, a family member lodges it online on your behalf, or a community volunteer assists with the paperwork, the responsibility remains yours. By signing the application, you are declaring that all the information and documents provided are true and correct. If they are not, it is you, not the person who helped, that will face the legal consequences.
What exactly counts as false or misleading?
False or misleading information can include:
- Fake or altered documents – Example: A forged birth certificate, edited passport, or a ‘bought’ police clearance.
- Lies or exaggerations – Example: Claiming you were politically persecuted when in fact you were not.
- Leaving things out – Example: Failing to mention a previous visa refusal, criminal charge, or travel history.
- Errors or inconsistencies – Example: Mismatched dates of entry/exit, incorrect names on documents, or conflicting answers across forms.
What is a Protection Visa (subclass 866)?
A Protection Visa (subclass 866) is a permanent visa that allows people who are already in Australia to stay if they cannot return to their home country because they face a real risk of persecution due to their race, religion, nationality, political opinion, or membership of a social group, or if they would face serious harm if sent back.
Important points to know:
- You must already be in Australia on a valid visa and immigration-cleared on arrival.
- This visa is not a backdoor pathway for people who simply want to work or stay longer.
- More than 85% of applications are refused because applicants cannot prove genuine need for asylum.
- Once refused, the decision stays on your record for life and can affect not only Australian visas but also visa applications to other countries. This can make it extremely difficult for you to travel internationally in the future.
How to protect yourself?
Applying for a Protection visa is a serious process with life-changing consequences. To avoid mistakes that could put your future in Australia at risk, it’s important to follow the rules carefully, be truthful in every detail, and seek the right kind of help. The guidelines below will help you protect yourself and ensure your application is handled correctly.
- Only apply if you genuinely need protection. Please note that the visa is not for work or study extensions.
- Be honest and thorough and double-check every detail in your application before signing.
- Get professional advice from a trusted, registered source such as immigration lawyers or migration agents before submitting your application.
- Be cautious with support letters. Make sure to only write or accept a letter of support if the claims are genuine.
How SALIA Lawyers & Associates Can Help
Applying for a Protection visa is one of the most important steps you’ll ever take. However, even a small mistake or untrue detail can have life-changing consequences. You don’t have to go through this alone.
At SALIA Lawyers & Associates, we’re here to make sure your story is told honestly and clearly, and that your application is as strong as it can be. If you’re thinking about applying, or if you’re unsure where to start, reach out to us today. A quick conversation could be the difference between a refused visa and a new life in Australia.
Disclaimer: Please note that the information provided is intended as a general guide and should not be relied upon as legal or migration advice. As migration laws and regulations can change, we recommend consulting an Australian Lawyer or Registered Migration Agent for advice tailored to your circumstances.
