Protection Visa 866 Processing Times

Protection Visa 866 processing times vary widely, and the Department of Home Affairs does not publish a figure for them. Two applications lodged on the same day can be decided far apart. The difference is usually not luck. It is the amount of work the application creates for the Department: missing information, identity problems, inconsistencies, new claims, checks and letters that must be answered. This article explains what slows Protection Visa 866 processing times down, which causes an applicant can control, and which they cannot.

The Department's protection visa guidance states that most new protection visa applications are now being decided much faster than in previous years. That is a general statement about the Department's caseload. For an individual applicant, the factors below have far more effect on how long their own application takes.

What affects Protection Visa 866 processing times?

The factors that affect Protection Visa 866 processing times fall into two groups.

Factors the applicant can influence:

• how complete the statement of claims is at lodgement;
• whether identity documents are genuine, complete and translated;
• whether the application is consistent with the applicant's earlier visa applications;
• whether new claims are raised late, and whether the delay is explained;
• how quickly and fully the applicant responds to Department letters;
• whether the Department is told about changes in circumstances; and
• whether the applicant keeps their contact details current.

Factors outside the applicant's control:

• the Department's overall caseload and how it allocates applications;
• the priority the Department gives to certain groups;
• health, character and security checks, some of which involve other agencies;
• whether the case is treated as sensitive; and
• changes in conditions in the applicant's country.

The sections below take each factor in turn. The stages of the process itself are explained in the complete guide to the Subclass 866 protection visa, and the Department's caseload is discussed in the guide to protection visa processing times and waiting.

Priority groups and Protection Visa 866 processing times

Priority groups affect Protection Visa 866 processing times for everyone. Section 51 of the Migration Act allows the Department to decide protection visa applications in any order it considers reasonable. The Department's guidelines state that, as a matter of policy, higher priority should be given to applications from people in immigration detention, unaccompanied minors, torture and trauma cases, people receiving certain government support, and people with special needs such as disability or serious ill health.

The guidelines also require other applications to continue to be decided, with officers taking into account when each was made. They note that officers should routinely check whether an application's circumstances have changed so that it now falls into a priority group.

For applicants, this has two consequences. An applicant whose circumstances fit a priority group should tell the Department, with evidence such as medical reports or a counsellor's letter. An applicant who does not fit a priority group should expect that some later applications may be decided before theirs. Neither consequence says anything about the strength of the claim.

How to tell whether your wait is normal

There is no published benchmark for Protection Visa 866 processing times, so an applicant cannot compare their wait with an official figure. They can, however, look for signs that the application is progressing or has stalled for a reason that can be fixed.

Signs of progress include a request for personal identifiers, a request for health examinations, an interview invitation, or a section 56 request. Each shows that an officer is working on the file.

Signs that something may need attention include a letter that was never answered, a change of address that was never reported, a bridging visa that has ended, or an ImmiAccount message that was missed. In those cases, the delay may be caused by the application itself, and it can often be fixed. If nothing has been missed and no progress is visible for a long time, a written enquiry is the sensible first step.

An incomplete statement of claims

An incomplete statement of claims is the most common avoidable cause of longer Protection Visa 866 processing times. Section 5AAA of the Migration Act 1958 makes the applicant responsible for specifying all particulars of the claim and providing sufficient evidence to establish it. The Department has no obligation to build the claim for the applicant.

When the statement is thin, the officer must ask for more. That may mean an interview that would not otherwise have been needed, a section 56 request for details, or both. Each request stops the file while the Department waits for the answer. When the answer arrives, it may raise new questions.

A complete statement is detailed, chronological and specific. It explains who the applicant fears, what has happened, why they would be targeted, what they fear on return, and why the authorities could not protect them and they could not live safely elsewhere. The guide to the protection visa statement of claims explains how it is structured. A statement of that kind lets the officer understand the claim the first time it is read.

Identity problems

Identity problems are one of the most significant causes of delay. The Department must decide who the applicant is and which country they would be returned to before it can assess the claims. The Department's guidelines describe identity as resting on three pillars: biometrics, documentation and biography, which are considered together.

Where the applicant provides a genuine passport, national identity documents and a consistent life history, identity can usually be resolved quickly. Where documents are missing, of doubtful origin, or inconsistent with the applicant's biometric records or earlier applications, the officer may need to investigate. The Department may refer a document for examination, request further evidence under section 91W, or put concerns to the applicant under section 57.

Sections 91W and 91WA are strict. A bogus identity document, or a failure to provide identity evidence without a reasonable explanation, requires the visa to be refused. Identity problems therefore cause not only delay but real risk. The protection visa documents checklist lists the identity documents usually provided.

Inconsistencies with earlier visa applications

Inconsistencies with earlier visa applications lengthen Protection Visa 866 processing times because the Department must put them to the applicant before relying on them. Most Subclass 866 applicants have made earlier applications, for example for a visitor or student visa, and the Department compares those applications with the protection application.

If the protection application gives a different employment history, marital status, family composition, travel history or address, the officer will usually raise it. The guidelines identify inconsistencies between the protection application and information given in other dealings with the Department as information that may be put to the applicant for comment under section 57. That means another letter, another response period and another round of consideration.

Many inconsistencies have innocent explanations. An agent may have completed an earlier form, or the applicant may have hidden something dangerous to disclose. The explanation should be given in the protection application itself, so the officer does not need to ask.

Late new claims

New claims raised after lodgement can add significant time to Protection Visa 866 processing times. A new claim may need new research, a new interview or new country information. It may also raise credibility questions. The Department's guidelines state that delay in presenting information may be a reason to doubt it, although the officer should explore the reasons first.

There can be good reasons for a late claim. Fear, trauma, shame and poor earlier advice are all recognised. Conditions in the home country may also have changed. But a late claim should be put in writing with a clear explanation, not raised for the first time at interview. The guide on whether delaying a Subclass 866 application affects the claim explains how delay is assessed.

The interview and interpreters

The interview can affect Protection Visa 866 processing times in several ways. There is no legal requirement for the Department to interview every applicant, so an application that can be decided on the papers may avoid this stage entirely. Where an interview is needed, it must be scheduled with an interpreter, and it may need to be rescheduled if the applicant cannot attend.

The guidelines state that if an applicant does not attend, the officer may decide the application on the information already held. That can shorten the process, but in the worst way. An interview that raises new inconsistencies, or at which the applicant gives a different account, usually leads to further letters. An interview at which the applicant's account matches the statement can move the file towards a decision. The protection visa interview page and the guide to protection visa interview questions explain how to prepare.

Slow or incomplete responses to Department letters

Slow or incomplete responses to Department letters are a direct cause of longer Protection Visa 866 processing times, and sometimes of refusal. A section 56 letter asks for specific information. A section 57 letter invites comment on adverse information. Each states how and by when to respond. The time allowed is short.

A response that arrives late may be too late: section 62 allows the Department to decide once the time has passed. A response that is incomplete may lead to another letter. A response that answers the question directly, with evidence, lets the officer move on. The guide to responding to a section 56 request explains the approach.

Withdrawing and reapplying does not reset the clock

Some applicants consider withdrawing a protection visa application and lodging a new one, hoping to fix problems or restart the process. Withdrawal rarely helps with Protection Visa 866 processing times, and it carries real risk.

Under section 49 of the Migration Act, an applicant may withdraw in writing at any time before a decision. The Department's guidelines explain that a withdrawal is not a refusal, so the section 48A bar on further protection applications does not apply. But the guidelines also state that information in the withdrawn application may be taken into account in a later application. The earlier statement does not disappear. Any difference between the two applications can be put to the applicant as an inconsistency.

A withdrawal also affects the associated bridging visa, which generally ends after a period following withdrawal, and a new application starts again at the beginning of the process. In most cases, a supplementary statement and further evidence lodged in the existing application are a better way to address problems. Withdrawal should never be done without legal advice.

Representatives and correspondence

How correspondence is managed affects Protection Visa 866 processing times. An applicant may appoint a registered migration agent or lawyer as their representative, or appoint an authorised recipient to receive documents. The Department then sends correspondence to that person.

Problems arise when a representative stops acting and the Department is not told, when an applicant changes representative without the new appointment being lodged, or when an applicant's email address is no longer monitored. Each can mean a letter is sent to the wrong place. The guides to changing your immigration lawyer and to Form 956 and Form 956A explain how appointments are made and changed.

Health, character and security checks

Health, character and security checks can lengthen Protection Visa 866 processing times even where the protection claim itself is straightforward. Before grant, the applicant must meet the health criteria, the character requirements in PICs 4001 and 4003A, and the security criteria in sections 36(1B) and 36(1C). Security assessments involve the Australian Security Intelligence Organisation.

Applicants with no criminal history and no health issues usually pass these checks without difficulty. Applicants with a criminal record in Australia or overseas, a serious health condition, or a background that requires closer security assessment can expect this stage to take longer. Some of this work is done by other agencies, so the officer cannot always speed it up.

Sensitive cases

Some applications are treated as sensitive cases, which can affect Protection Visa 866 processing times. The Department's guidelines describe a sensitive case as one where there is, or could be, a public profile or media attention, interest from the Minister or senior executive, an effect on foreign relations, a risk to community safety or national security, or whole-of-government interest.

The guidelines also list examples, including vulnerable applicants who need extensive support, high-profile foreign citizens such as current or former politicians or diplomats, and applicants being considered for exclusion or character refusal. Sensitive cases are recorded on a register and managed with additional oversight. That can mean extra steps before a decision is made. It does not mean the claim will fail.

Changes in family circumstances

Changes in family circumstances can add time to Protection Visa 866 processing times, but they must still be reported. Section 104 of the Migration Act requires applicants to notify the Department of changes as soon as practicable.

A child born in Australia after the parent applied is generally taken to have applied for the same visa, and the Department must make findings on the child's application too. A partner or dependent child may be added to an undecided application in some cases. A separation or new relationship may require the Department to reconsider who is a member of the family unit. Each of these can mean further information and further assessment. The guide to Form 1022 explains how changes are reported.

Changes in country conditions

Changes in conditions in the applicant's country can affect Protection Visa 866 processing times. The assessment looks forward, at the risk on return at the time of decision. If conditions change significantly, the officer may need new country information, and may need to ask the applicant to comment on it. A change can help or harm a claim. Either way, it can add time, and the applicant should be ready to respond with evidence of how the change affects them personally. Applicants should also keep their own evidence current. A letter from a witness, a medical report or a police document that is several years old may carry less weight than recent material. Updating key evidence while waiting can reduce the need for a request later in Protection Visa 866 processing times.

Cases sent back by the Tribunal

Cases sent back to the Department by the Administrative Review Tribunal have their own effect on Protection Visa 866 processing times. If the Tribunal sets aside a refusal and remits the matter, the application returns to the Department to be decided again in accordance with the Tribunal's findings. The Department's guidelines deal with remitted applications separately. The applicant may need to provide updated information, and further checks may be required before grant.

For applicants in that position, the wait is not a sign that the Tribunal's decision is in doubt. It reflects the remaining steps the Department must complete, such as health, character and security checks, before the visa can be granted. The guide to appealing a protection visa refusal to the ART explains the review stage.

Missed letters and outdated contact details

Missed letters and outdated contact details are the most avoidable cause of delay and refusal. The Department sends letters, interview invitations and decisions to the contact details it holds. A letter sent by the correct method to the last address provided is generally treated as received, even if the applicant never saw it.

A missed interview or a missed response period can lead to a decision on the information already held. The applicant may only learn of the problem when a refusal arrives, at which point a short and strictly applied time limit to apply for review begins. The guide to Form 956 and Form 956A explains how a representative can be appointed to receive correspondence.

A checklist to avoid delays in Protection Visa 866 processing times

A checklist to avoid delays in Protection Visa 866 processing times covers the factors within the applicant's control:

• Lodge a complete statement of claims, covering the harm feared, the reasons, protection and relocation.
• Provide genuine, translated identity documents, and explain any that are missing.
• Check the application against earlier visa applications, and explain every difference.
• Put any new claim in writing, with a clear reason for the delay.
• Answer every Department letter in full and on time.
• Report changes in circumstances promptly, including births, relationships and address.
• Keep contact details current, and make sure any representative appointment is up to date.
• Raise genuine priority circumstances with evidence.

None of these steps ensures a fast decision. Together, they remove the reasons most applications are delayed.

What does not slow Protection Visa 866 processing times

Some things applicants worry about do not, of themselves, slow Protection Visa 866 processing times:

• Having a lawyer. Appointing a representative does not delay a decision. A representative usually reduces delay by preventing the problems described above.
• Asking about the status. A polite written enquiry does not harm the application.
• Providing further evidence. Relevant evidence given before a decision must be considered, and it can prevent a later request.
• Requesting priority for a genuine reason. Raising serious illness, torture or trauma, or other special needs, with evidence, is appropriate.

How My Migration Lawyers reduces delays in Protection Visa 866 processing times

My Migration Lawyers reduces delays in Protection Visa 866 processing times by removing the problems that cause them, before and after lodgement. The firm deals with complex protection matters and acts in many Subclass 866 applications, including applications with identity issues, earlier visa histories that need explaining, late claims and family changes. It is capable of handling matters of this kind at any stage.

The work includes:

• A complete statement at lodgement. The statement is the applicant's own account, reviewed and corrected by the applicant, and the applicant decides which claims are advanced.
• Visa history checks. The firm obtains the applicant's visa and travel history itself where possible, so inconsistencies are explained before the Department raises them.
• Identity preparation. Identity documents are reviewed for origin and consistency, and translated where needed.
• Prompt responses. As representative, the firm receives Department correspondence and answers every request within time.
• Updates and priority. Changes in circumstances are reported properly, and priority circumstances are raised with evidence.

The firm is led by Principal Lawyer Weiwei Zhang and acts for applicants across Australia through its protection visa lawyers practice.

If your application is waiting, or you want to avoid delays in Protection Visa 866 processing times before you lodge, book a consultation with My Migration Lawyers online, or call 1300 040 300.