5 Common reasons for protection visa refusals

Receiving a refusal for a subclass 866 protection visa when you are seeking asylum as a refugee can be devastating, especially when the decision feels unfair. While every case is different, there are a few common reasons why protection applications are refused. Understanding these issues can help you prepare a stronger application or appeal.

1.      They do not believe your story

One of the most frequent reasons for refusal is that the Department of Home Affairs does not find your claims credible. This can happen for several reasons, including:

• inconsistencies between your written application and your interview

• differences between your evidence and external country information

• unclear explanations about events in your past

• missing details or documents

Credibility is central in protection visa cases. Even small inconsistencies can cause doubt. This is why it is important to provide a clear, consistent account from the beginning, supported by documents whenever possible.

If you receive a refusal for this reason, it does not necessarily mean the tribunal will agree. The tribunal has the power to listen to your story again, ask questions and consider new evidence that you were not able to provide earlier.

2.      They say there is no longer any risk in your country

Another common reason for refusal is the Department of Home Affairs’ view that you no longer face a real chance of harm in your home country. The Department relies heavily on country information from various sources. Sometimes this information may not reflect your personal circumstances or the real conditions affecting your group, religion, ethnicity, political opinion or other attributes.

If the Department believes the risk has reduced, you may need to provide:

• proof of ongoing threats

• updated country information

• expert reports or letters

• evidence of recent events affecting people like you

Protection visas are based on the risk faced by you as an individual, not just the general situation in your country. If the Department’s country information does not reflect your real situation, the tribunal may make a different finding.

3.      They say you can relocate within your country

The Department may accept that you face danger in your own area but still refuse your application because they believe you can move to another part of your country and live safely. This is often referred to as internal relocation.

If this was the reason for your refusal, you may need to present more detailed evidence about why relocation is unsafe for you specifically.

4.      You can live in another country

In some cases, the Department may refuse a protection visa because they believe you could live safely in a third country. This usually arises if you have the right to live in another country.

If this applies to your case, you may need to provide evidence about why relocation to another country is impossible, unsafe or not available to you.

5.      They say the authorities in your home country can protect you

Another common refusal reason is the assumption that your home country’s authorities can provide effective protection. The Department may argue that you should seek help from the police or government before asking Australia for protection.

However, protection may still be needed if:

• the authorities have previously ignored your complaints

• the police are corrupt or connected to the people harming you

• the government is unwilling or unable to protect people like you

• reporting the harm would expose you to further danger

Evidence of past attempts to seek help, corruption, discrimination or police inaction can be important in challenging this finding.

Conclusion

5 Common reasons for protection visa refusals

Protection visas are challenging visas to prepare even if you have a genuine fear of returning to your country. The law is complex, and very detailed is required for all the aspects of your case. However if your visa has been refused, thoroughly preparing your case and addressing the reasons for refusal, is an excellent chance to be successful.  

If you are seeking asylum or a refugee and want to apply for a protection visa, or if you have received a refusal, getting professional advice can be the difference between staying in Australia and running out of options to stay.

If you need assistance with your subclass 866 protection visa application or refusal, book a free consultation with Mandeville Migration to find out how we can help.