Australian Immigration Daily News

Dear Ms Allan

As we settle into the New Year it is clear that resolving the immigration status of illegal maritime arrivals (IMAs) in Australia remains amongst the highest priorities for the Australian Government.

The Department continues to invest in initiatives to reduce processing times and support robust decision making. We are seeing a positive increase in finalisations of the legacy caseload of 30,500, some 58 per cent have had their application decided by the Department, or have an application undergoing assessment. The Minister for Immigration and Border Protection has lifted the application bar for the vast majority of IMAs in Australia and invited them to apply for a Temporary Protection visa (TPV) or a Safe Haven Humanitarian visa (SHEV) in Australia. We seek your assistance as industry leaders in ensuring agents and IMAs are aware that IMAs are expected to lodge an application for a TPV or a SHEV as soon as practicable to present their claims for protection and resolve their status in Australia.

There are some IMAs who may not have received their invitation to apply letter.  Not receiving a letter inviting an IMA to lodge an application however does not prevent them from lodging an application. Failure to lodge a visa application will be taken as an indication that an IMA no longer intends to seek protection in Australia. This may  affect their support services, including income support and could also impact their Bridging visa. IMAs who do not lodge a TPV or SHEV application are expected to leave Australia. Our IMA microsite has been updated to ensure all IMAs are aware of the requirement to engage with the visa process. Our Ethnic Liaison Officer network has also been working closely with communities to demystify the application process, make clear the requirement to apply and answer questions.

There are some IMAs who were invited to apply in excess of 9 months ago who have not lodged an application or made contact with us. We have begun sending letters reminding them to apply, beginning with IMAs who were among the first to be invited to apply in 2015. These letters firmly remind IMAs of the need to engage with the department and lodge an application, or where they have decided not to lodge a visa application, to make arrangements to depart Australia. The letters also advise that failure to lodge an application within 60 days may affect their access to support services and payments and the continuity of their Bridging Visa arrangements.

The Department’s expectation is that IMAs who have received a reminder to apply letter have access to sufficient information to lodge a TPV or SHEV application, including information in their own language available from the Department’s website and copies of documents released through FOI or administrative release arrangements, including arrival interview (written and audio recordings) and previous protection visa application forms and supporting documents (including identity documents).

To assist IMAs who genuinely intend to engage with the process and lodge an application, we encourage those providing paid or pro bono assistance to provide the Department with a list of IMAs that you are representing  and prioritise IMAs who were invited to apply first. IMAs were invited to apply in line with order of arrival in Australia.

Agents and representatives can also assist IMAs who have not yet lodged a TPV or SHEV application by:

• submitting a completed Form 956 Advice by a migration agent/exempt person of providing immigration assistance;
• reminding IMAs of the importance of updating the Department whenever they change their address or other contacts such as mobile phone number, by calling 1300 728 662or by email to This email address is being protected from spambots. You need JavaScript enabled to view it. . Notifying a change in address is a Bridging visa condition.

Kind regards

A/g Assistant Secretary

Onshore Protection Branch | Refugee and Humanitarian Visa Management Division

Visa and Citizenship Services Group