Protection Visa Interview Questions

What Protection Visa Interview Questions Should an Applicant Expect?

Protection visa interview questions fall into two groups: questions every applicant is asked about identity, family and history, and questions tailored to the particular claim. A person claiming persecution for political opinion will be asked different questions from a person claiming persecution for their religion or sexual orientation.

This article sets out the protection visa interview questions typically asked for each main type of claim, and explains how the officer tests the answers against the written application. It is written for applicants for the Subclass 866 Protection visa who have been invited to an interview by the Department of Home Affairs, or who expect to be.

The Department describes the interview as an opportunity to discuss the application and clarify the claims. Its guidance says the officer may ask about the applicant's situation and reasons for applying, their family, and the information in the application. The Department's Protection Visa Processing Guidelines add detail about how officers are expected to question applicants, and that detail shapes the protection visa interview questions described below.

For how the interview is arranged and conducted, see our protection visa interview page. For the questions organised by the legal elements of a claim, such as the reason for harm, state protection and relocation, see our article on the legal elements each interview question tests.

How Protection Visa Interview Questions Are Built From the Written Application

Protection visa interview questions are built from what the applicant has already written. Before the interview, the officer reads the protection application, the statement of claims, any Form 80, any earlier Australian visa application and the country information relevant to the claims.

The guidelines direct officers to begin with open questions that allow the applicant to tell their story, and then move to focused questions to fill gaps or confirm details. For claims based on sexual orientation or gender identity, the guidelines suggest officers use the applicant's own words in the written claim, such as shame, difference or fear, as a starting point for questioning. The same method is used in practice across claim types. A word or event in the statement of claims often becomes a protection visa interview question.

That has two consequences. First, the applicant should re-read everything lodged before the interview. The protection visa interview questions will follow the written account, and the applicant should recognise it as their own. Our guide to the protection visa statement of claims explains how that account is structured. Second, the officer is looking for detail that fits the applicant's claimed circumstances. The guidelines allow officers to consider whether claims lack the detail that would be expected of a person in the applicant's position, but also direct them not to require an unrealistic degree of precision that would not ordinarily be expected.

Protection Visa Interview Questions Asked in Every Case

Some protection visa interview questions are asked in almost every interview, whatever the claim. They establish identity and test the history on which the claim rests.

The common topics are:

• Identity. Full name, other names, date and place of birth, nationality, ethnicity, religion and languages, checked against the passport and identity documents produced.
• Family. Parents, siblings, partner and children, where they live, and when the applicant last had contact with them.
• Education and work. Schools, employment and periods without work, checked against the application and any Form 80.
• Departure. When and how the applicant left their country, which documents were used, whether there was difficulty at the border, and who arranged the travel.
• Arrival and delay. Why the applicant came to Australia, what visa was used, and why the protection application was made when it was.
• Return travel and embassy contact. Whether the applicant has returned to their country since the events claimed, and whether they have had contact with their country's embassy in Australia.

These questions are not a warm-up. An inconsistency in identity or travel history can undermine an otherwise strong claim, because the Department treats identity as central to the protection assessment.

Sample Protection Visa Interview Questions

The sample protection visa interview questions below are illustrative. They show the kind of questions officers commonly ask, but every interview is different and the questions are shaped by the individual claim.

• "Please tell me, in your own words, why you left your country."
• "What do you think would happen to you if you returned today?"
• "Who do you fear, and why would they want to harm you in particular?"
• "When did this first happen? Where were you? Who else was present?"
• "Did you report what happened to the police or anyone else? What happened when you did, or why did you not?"
• "Could you live safely in another city or region of your country? Why not?"
• "How would those people find you if you moved elsewhere?"
• "Why did you not raise this when you applied for the visa you used to come to Australia?"
• "Have you returned to your country since these events? Why?"
• "Your application says one thing about this event, and today you have said another. Can you explain the difference?"

Each of these protection visa interview questions connects to a legal element of the claim: the reason for the harm, the future risk, state protection, relocation, delay or credibility. Understanding the purpose of a question helps an applicant give a complete answer rather than a short one.

Protection Visa Interview Questions for Political Opinion Claims

Protection visa interview questions for a political opinion claim test whether the applicant holds, or is believed to hold, the political opinion claimed, and whether the authorities or others know about it.

Typical questions include which party, movement or group the applicant belonged to, when and how they joined, what role they held, what activities they took part in, and what the group stands for. The officer will ask what happened to the applicant because of that activity, who was responsible, and how those people knew of the applicant's views. The officer may ask about other members and what has happened to them.

Where the claim is based on an imputed political opinion, meaning an opinion the persecutors attribute to the applicant even if the applicant does not hold it, the questions focus on why the persecutors believe the applicant holds that view. A person targeted because of a relative's activity, or because they refused to join an armed group, may have an imputed political opinion claim.

The officer may also ask about political activity in Australia, such as attending protests or posting online. Section 5J(6) of the Migration Act 1958 requires conduct in Australia to be disregarded in assessing a refugee claim unless the applicant satisfies the Minister that the conduct was engaged in otherwise than for the purpose of strengthening the claim. Questions about activity in Australia test motive, and the honest answer is the one to give.

Protection Visa Interview Questions for Religious Claims

Protection visa interview questions for a religious claim test the applicant's actual religious identity and practice, and how that practice would lead to harm on return.

Officers typically ask when and how the applicant's faith began or changed, what the faith means to them, how they practise it, where and with whom they worship, and what happened because of it. For a person who converted, the questions explore why and how the conversion happened, who knew, and what the reaction was from family, community and authorities. Officers may ask about religious teachings and practices. Those questions should be proportionate. The guidelines direct officers not to require a level of knowledge or detail that would not ordinarily be expected of a person in the applicant's position.

The officer will also ask how the applicant would practise their faith if returned. Section 5J(3) of the Migration Act 1958 provides that an applicant is not expected to modify behaviour in a way that would require them to alter their religious beliefs, conceal their true religious beliefs, or cease to be involved in the practice of their faith. The question is therefore not whether the applicant could hide their religion, but how they would actually live. Where the conversion occurred in Australia, the officer will test whether it is genuine, having regard to section 5J(6). Our page on religious persecution explains how these claims are assessed.

Protection Visa Interview Questions for LGBTI Claims

Protection visa interview questions for a claim based on sexual orientation, gender identity or intersex status are governed by specific guidance in the Department's guidelines. That guidance sets out both the questions that are appropriate and the questions that are not.

The guidelines state that it is not appropriate for officers to ask applicants for details of their intimate sexual activity. They describe appropriate lines of enquiry grouped under family, self-awareness, relationships, perception of others, claims and community. Typical questions under those headings include:

• When the applicant first felt different, and what that sense of difference meant for them.
• How the applicant's family and community reacted, or would react, and whether the applicant has disclosed their sexual orientation or gender identity to anyone.
• Whether the applicant has had relationships, how they met partners, and the reasons if they have not.
• How the applicant concealed their identity, and what might happen if others found out.
• What treatment the applicant experienced from family, community and authorities.
• Any involvement with LGBTIQ+ communities in Australia and, if none, why not.

The guidelines note that "why" questions are often more useful than "what" or "how" questions, and that a past heterosexual marriage or children do not mean the applicant is not LGBTIQ+ if there is a consistent and reasonable explanation. Section 5J(3) also provides that an applicant is not expected to conceal their sexual orientation, gender identity or intersex status. Our page on LGBTI protection visas and our article on complementary protection for LGBTI applicants explain the law.

Protection Visa Interview Questions for Ethnicity and Particular Social Group Claims

Protection visa interview questions for a claim based on ethnicity, or on membership of a particular social group, test whether the applicant belongs to the group, how others identify members of it, and why the group is targeted.

For an ethnicity claim, the officer may ask how the applicant's ethnicity is recognised in their country, for example through language, name, appearance, religion or place of origin, and how members of that group are treated. For a particular social group claim, the questions go to the characteristic that defines the group. Section 5L of the Migration Act 1958 defines a particular social group, other than a family, by reference to a shared characteristic that is innate or immutable or fundamental to a member's identity or conscience, and that distinguishes the group from the rest of society. Section 5K deals with a particular social group consisting of the applicant's family.

Examples of particular social group claims include divorced women, people with a disability, and members of a family targeted in a feud. The officer will ask how the applicant came to be in the group, how society perceives the group, what has happened to others in it, and what has happened to the applicant. Our article on divorced women as a particular social group gives an example of how such a group is analysed.

Protection Visa Interview Questions for Gender-Based Claims

Protection visa interview questions for a gender-based claim, such as family violence, forced marriage or harm for transgressing gender roles, focus on who caused the harm, why, and whether the authorities would protect the applicant.

The officer is likely to ask about the relationship with the person responsible, the history of the harm, whether the applicant reported it to police or sought help from others, what happened if they did, and why they did not if they did not. The officer will ask whether the applicant could live safely in another part of the country, and what that would involve for a woman in the applicant's circumstances, including her ability to find housing and work.

The guidelines recognise barriers women face in presenting these claims, and state that a female officer and female interpreter can help. They also recognise that a woman included in a family application may have her own claims and may need to be interviewed separately from male family members. A request for those arrangements should be made in writing before the interview.

Protection Visa Interview Questions for Complementary Protection and Non-State Actor Claims

Protection visa interview questions for claims involving criminal groups, family feuds, debts or land disputes often test whether the claim falls within complementary protection rather than the refugee definition, and whether any exception applies.

The officer will ask who the person or group feared is, why they want to harm the applicant specifically, how far their reach extends, and what they have done. The officer will ask whether the applicant sought help from police and why the police could not or would not protect them. Section 36(2B) of the Migration Act 1958 provides that there is taken not to be a real risk of significant harm where the applicant could reasonably relocate within the country, could obtain protection from an authority such that there would not be a real risk of significant harm, or where the risk is faced by the population generally and not by the applicant personally. Each of those points becomes a question.

How Answers Are Tested Against the Written Claims

Every answer to protection visa interview questions is compared with the written application and with other information the Department holds. That comparison is where most credibility findings are made.

The guidelines direct officers to consider whether an inconsistency concerns material information, whether there are mitigating circumstances, and whether it is serious enough to bring the whole account into question. They state that an inability to give a precisely accurate account of past events should not lead to automatic rejection, and that officers must not join a series of minor inconsistencies together to avoid accepting a claim. They list mental or emotional trauma, forgetfulness, feelings of shame, fear and mistrust of authorities as mitigating circumstances.

Where a significant inconsistency does raise credibility concerns, the applicant should be given an opportunity to comment on it, often at the interview itself, under section 57. The guidelines also allow demeanour to be taken into account, but state that demeanour must not be the sole basis for an adverse finding and should at best be a minor factor, given the effect of interpretation, anxiety, trauma and cultural background.

The guidelines also describe when the benefit of the doubt may be given. That includes where the applicant has made a genuine effort to substantiate the claims, has provided the evidence available or explained its absence, and has given an account that is generally coherent and plausible. Our guide to evidence in a protection visa application explains how supporting material helps.

Protection Visa Interview Questions About Delay and Late Claims

Protection visa interview questions about timing are asked in most interviews. The officer will want to know why the applicant did not seek protection earlier, why they applied when they did, and why any claim raised after lodgement was not in the original application.

The guidelines recognise many reasons for delay, including changes in the home country after arrival, being unaware of the right to seek protection, fear, stress or anxiety, inadequate immigration advice, and uncertainty about whether certain information was relevant. They state that delay should not be the only reason for rejecting a claim, and that officers should explore the reasons thoroughly. The applicant should give the real reason plainly. Our article on whether delaying a Subclass 866 application affects your claim explains how delay is assessed.

Questions Family Members May Be Asked

Family members included in the application may also face protection visa interview questions, either about their own claims or to corroborate the main applicant's account. A partner or adult child may be asked what they saw, what they knew at the time, and what they fear on return.

Family members often remember the same event differently. The Department's guidelines recognise that two or more applicants may give differing accounts because their perceptions differ, and direct that where differing accounts affect credibility, the applicant should be given an opportunity to comment. Family members should not rehearse a shared version of events. Each should describe what they personally experienced and saw.

How to Answer Protection Visa Interview Questions

The best answers to protection visa interview questions are truthful, specific and in the applicant's own words. There is no technique that substitutes for knowing one's own history and describing it clearly.

• Answer the question asked. Listen to the full question and answer it, then stop. The officer will follow up.
• Give detail where it exists. Names, places, dates and what was said make an account credible. Where detail is not remembered, say so.
• Do not guess. A guessed date that conflicts with the application creates a problem that did not exist.
• Ask for clarification. If a question is unclear, or the interpretation seems wrong, say so immediately so that it is on the recording.
• Deal with difficult facts directly. Return travel, earlier visa applications and delay should be explained truthfully, not avoided.
• Correct errors. If the applicant realises during the interview that something in the application is wrong, it should be corrected there and then. The Department states that the applicant can change information given before at the interview.

How My Migration Lawyers Prepares Clients for Protection Visa Interview Questions

My Migration Lawyers prepares clients for protection visa interview questions by identifying, from the whole file, the questions most likely to be asked in that client's case. The firm acts in many Subclass 866 matters and regularly handles complex cases, including religious conversion claims, claims based on sexual orientation and gender identity, political and imputed political opinion claims, and claims against non-state actors that turn on state protection and relocation.

The preparation usually covers:

• File review. The application, statement of claims, Form 80, earlier visa applications and country information are reviewed to identify the likely lines of questioning and any inconsistency that needs explanation.
• Legal issues. The claim is analysed against sections 5H, 5J and 36 so the client understands why particular protection visa interview questions will be asked.
• Process preparation. The client is taken through the interview process, the recording, the oath or affirmation and how to ask for clarification. The firm does not script answers. The evidence is the client's own.
• Pre-interview and post-interview submissions. Corrections and further evidence are lodged before the interview, and any adverse information raised is answered in writing afterwards.
• Attendance. Where appropriate, the lawyer attends the interview and makes submissions.

The firm's protection practice is led by Principal Lawyer Weiwei Zhang. Consultations are held by video, so clients anywhere in Australia are assisted in the same way. Our protection visa lawyers and Subclass 866 Protection visa pages explain how the firm acts, and our protection visa refusals page explains the options if a case has already been refused.

An applicant facing protection visa interview questions should prepare with the whole file in view. Book a consultation with My Migration Lawyers, or call 1300 040 300.