4.1
This chapter provides updates on the number of Australian citizens, permanent residents and visa holders in Afghanistan, and those who have left the country and arrived in Australia.
4.2
It then discusses Australia’s visa programs as they relate to Afghan evacuees and other Afghan nationals, including issues relating to the number of visas allocated, and the processes involved in visa application processing and finalisation.
Australian citizens, permanent residents and visa holders in Afghanistan
4.3
The Department of Foreign Affairs and Trade (DFAT) stated in its supplementary submission that since Australia’s immediate evacuation efforts ceased on 26 August 2021, DFAT has supported the safe travel of ‘over 2,400 more Australians, permanent resident and at-risk visa holders out of Afghanistan and in to Australia’. This represents an increase of approximately 1,400 additional people who have departed Afghanistan and arrived in Australia since DFAT’s last update to the committee in November 2021.
4.4
In relation to the travel options taken in recent months, DFAT submitted:
We were able to use a small number of Qatar Airways flights during October and November 2021 to facilitate the departure of Australian visa holders from Kabul. This has not been an option since early December 2021 as the Taliban regime paused flights of this nature.
A steady flow of visa holders continues to seek Australian assistance to enter Pakistan and at other border crossing points when open. It is a requirement of the Pakistan Government that anyone travelling from Afghanistan to Pakistan must enter with a valid passport and Pakistan visa for every family member.
4.5
DFAT noted in March 2022 that some charter flights by Qatar have recently resumed from Kabul, and stated that DFAT continues ‘to assess the viability of this route for assisting Australian citizens and Australian visa holders to depart Afghanistan’. DFAT stated further that since November 2021, it has utilised Australian Defence Force contracted flights, facilitated commercial flights and charter options to bring people to Australia.
4.6
DFAT noted that as at 24 January 2022, it was aware of 61 Australian citizens and permanent residents residing in Afghanistan (down from 87 citizens and 82 permanent residents at the time of DFAT’s previous update to the committee in November 2021).
4.7
DFAT provided further detail at the committee’s public hearing on 2 February 2022, with officials stating that DFAT is ‘now tracking in our database 35 Australian citizens, 26 permanent residents and 148 foreign citizens who are immediate family members of Australians or permanent residents’ in Afghanistan.
4.8
In line with evidence given during the first phase of the inquiry, officials reiterated that they do not track precisely how many holders of a valid Australian visa are located in Afghanistan.
4.9
DFAT submitted that it ‘is important to note that not all of our citizens and permanent residents wish to leave Afghanistan, and some wish to leave but not at this time’. DFAT elaborated further:
Australia’s consular numbers in Afghanistan are dynamic, reflecting the changing circumstances of individuals, including their willingness to stay or leave. Australian citizens and permanent residents who are currently unable or unwilling to depart Afghanistan advise us that this is due to:
family members not holding Australian visas;
not holding travel documentation;
the difficulty of obtaining passports in Afghanistan; and
the complexity of visa processes in transit countries accessible by commercial means from Afghanistan.
Consular assistance
4.10
DFAT submitted that while its ability to provide consular assistance in Afghanistan is severely limited, ‘we continue to support Australian citizens, permanent residents and their immediate families in Afghanistan’ through a dedicated team within DFAT and consular officials across the region, including:
support to renew or replace Australian travel documents;
regular welfare checks; and
financial assistance for those needing support with living expenses.
4.11
As at 13 January 2022, DFAT consular officials ‘have sent over 9,000 emails and 8,000 SMS messages to provide critical updates to travel advice and to respond to emergency enquiries since evacuation operations commenced in August 2021’.
Arrivals in Australia
4.12
At a recent additional estimates hearing the Department of Home Affairs (Home Affairs) advised that as at 11 February 2022 the updated numbers for arrivals from Afghanistan in various visa classes are:
Class XB [Refugee and humanitarian]—that is, subclasses 200, 202, 203 and 204— is 111; class XB subclass 201, which is in country, is 336; other permanent, which is a broad range, is 199; subclass 449 is 4,927; other temporary is 206; and Australian citizen is 417. We previously reported that there are also 167 transit, which were people who came on flights into Australia but have subsequently gone elsewhere. They're usually nationals of other countries.
4.13
Mr David Wilden, First Assistant Secretary, Refugee, Humanitarian and Settlement, Immigration and Settlement Services, Home Affairs, added that there are two elements in terms of flights being organised for people to come to Australia from Afghanistan:
The first is just normal commercial travel. Just to give you a sense, we've had flights heading out almost daily, but they might have had one person, five people, three people, coming through Singapore, coming through Doha et cetera. There's that sort of a general flow. There are also charter flights which the Department of Foreign Affairs have organised. They've been fairly regular out of Islamabad. I think I gave evidence that we had two flights out of Doha. Since those two came, there hasn't been another one planned out of Doha because of issues with the Qatari government and their arrangements with the Taliban.
Visa applications, grants and processing times for Afghan nationals
Announcement of Australian visa places for Afghan nationals
4.14
On 21 January 2022, the same day the committee’s interim report was published, the Minister for Immigration Citizenship, Migrant Services and Multicultural Affairs, the Hon Alex Hawke MP, announced that the Australian Government ‘will provide at least 15,000 places for Afghan nationals, through our Humanitarian and Family Visa Program over four years’, including 10,000 places within Australia’s existing Humanitarian Program and at least 5,000 visas within the Family stream.
4.15
The Minister stated:
Today’s announcement of 15,000 places follows our initial allocation of 3,000 places to Afghanistan in August 2021, which as we indicated then, was a floor and not a ceiling. This continues to be the case. The Government will continue to monitor processing numbers and reserves the right to increase the program in future years.
4.16
The announcement noted that Australia will give priority in the Humanitarian Program to:
former Locally Engaged Employees (LEE) and their immediate family members;
subclass 449 holders (current and former) and their immediate family members;
those with enduring links to Australia, such as Afghans who were employed by Australian non-government organisations or who worked on Australian Government funded projects, and Coalition partner LEE and their immediate family; and
Women and girls, ethnic minorities, LGBTQI+ and other identified minority groups.
4.17
The announcement stated that Australia is ‘continuing to work closely with the United Nations High Commissioner for Refugees [UNHCR] to identify and progress cases for those most in need of resettlement’. Further, it noted that the Minister has directed Home Affairs ‘to give priority processing to the Afghan cohort in the Humanitarian Program and to give priority processing to all Afghan nationals within the Family Program’.
4.18
It was also noted that Minister Hawke would ‘conduct a series of roundtables with the Afghan-Australian community in the coming weeks’.
4.19
Mr Wilden provided some further detail at the committee’s 2 February public hearing:
The 15,000 is the announcement over the next four years, consisting of 10,000 humanitarian and 5,000 family. The minister has been conducting forums with the Afghan community in the last few days, where he has made it clear that what is set at the moment is the minimum commitment. At this stage it will be 5,000 places, minimum, this program year in the humanitarian space.
The partner program is slightly different in that it is demand driven... If you’re an Afghan and you put in your partner visa, you have priority based on the minister's priorities in that program. However, it doesn't mean the thousand places that were announced—that's announced as a minimum; if it's 1,100, if it's 1,400, if it's 1,800, if it can be processed this program year it will be. For our 5,000 this year, that is a combination of both onshore and offshore [applicants].
4.20
Mr Wilden explained further how the priority groups were identified within the broader pool of humanitarian applications being received:
We have applications rolling in all the time. They are receipted and identified as being a lawful application, which is a very important step in the process. Then, as we get a large number in, we have triage activities which go to the identified priorities that the minister has said. We then draw them out, and they go to the processing team who then start. Then we move on to the next group of receipts, and it's sort of a rolling program. People who applied later who are in those priority groups will move ahead of other people who are not.
4.21
Mr Wilden confirmed there is no ‘cut-off date’ for applications from individuals in the nominated priority groups.
Updates from Home Affairs on visa applications and processing
4.22
Home Affairs provided an update on visa applications, processing times and grants for several visa categories relating to Afghanistan.
Subclass 449 visas
4.23
In relation to Humanitarian Stay (Temporary) subclass 449 visas, which were issued during and after Australia’s evacuation efforts, Home Affairs stated that between 19 August and 30 November 2021, it issued 6,929 invitations for subclass 449 visas, granted 6,095 subclass 449 visas, and facilitated the arrival of 4,145 subclass 449 visa holders to Australia.
4.24
Home Affairs provided a further update on 15 February 2022 in response to a question on notice:
During the evacuation phase, 6,294 persons were invited to apply for Humanitarian Stay (Temporary) (subclass 449) visas. As at 1 October 2021, a total of 5,317 subclass 449 visas had been granted. Of those granted subclass 449 visas, 2,844 people (including four babies born during the evacuation) had arrived in Australia.
Following the formal evacuation phase, Australia has continued to facilitate the ad hoc movement of smaller numbers of people, where possible, including subclass 449 visa holders who have fled Afghanistan. Between 19 August and 31 December 2021, the Department issued a total of 7,186 invitations for subclass 449 visas, granted 6,043 subclass 449 visas and facilitated the arrival of 4,328 subclass 449 visa holders to Australia.
4.25
As noted above, in an update on 14 February 2022, Home Affairs reported that as at 11 February 2022, 4,927 subclass 449 visa holders have arrived in Australia.
4.26
When asked for its most recent update on how many people holding a current subclass 449 visa are still yet to arrive in Australia, Home Affairs advised:
As at 08 February 2022, there were 517 Afghans with a valid subclass 449 visa that had not yet travelled to Australia.
The Department of Home Affairs is aware that around half of these visa holders are outside Afghanistan and being assisted by Australian diplomatic missions to finalise processes and arrange travel to Australia.
Processing permanent visa applications from subclass 449 visa holders
4.27
Home Affairs submitted that it ‘will soon contact subclass 449 visa holders and provide notice of the period in which they can lodge their humanitarian visa applications’, noting that this process involves the Minister ‘lifting the bar’ for an applicant, after which the applicant has seven days to lodge their permanent visa application. Home Affairs submitted:
Work is underway to ensure that the number of bar lifts at any one time does not overwhelm legal or other support services. Applicants will have sufficient prior notice to ensure they are able to lodge their application and associated documentation.
4.28
Mr Wilden from Home Affairs explained that the department is contacting 449 holders via letter ‘in batches’ to facilitate this process:
Additional funding was provided by the government, on top of existing funding, to allow legal practitioners to assist the preparation of applications for protection. We talked to them around capacity, how many they can actually do, because there is no point sending out all the letters and then finding that applications can't be done, because the way the law works in these cases is that you have a seven-day window to lodge your case. The way we're managing that is that we're sending out—it will basically be weekly—tranches of letters to people. That first letter will say, 'In 30 days time, the minister will lift the bar for you to put your application in.' So that gives them the 30-day period to prepare their case. If the lawyers have a problem, they can let us know, and we can look at later dates. The minister then lifts the bar, and they then put in their protection claim.
4.29
When asked about how many of these letters have been sent to date, Home Affairs responded on 14 February 2022:
The first letter has been sent for 26 family groups covering 155 subclass 449 visa holders. This first cohort has been identified as requiring access to particular services [which are only available to permanent visa holders].
This letter advises the visa holders that in coming weeks they will be receiving a notice identifying that they are able to apply for a permanent visa and they should take the identified steps to prepare. A reminder letter will be emailed two weeks after the first letter and a third letter will notify visa holders that they are able to lodge a visa application and have the legislated seven working days to do so. The purpose of the information letters is to give the 449 visa holders enough time to access the government funded legal services, if they wish, and to prepare their application form.
4.30
On 14 February 2022, at an additional estimates hearing, Home Affairs reported that the team processing the visa caseload has increased from 19 to 28 staff.
Subclass 449 visas that have ceased
4.31
As noted in the committee’s interim report, the government announced in November 2021 that subclass 449 visa holders in Australia, as well as subclass 449 visa holders outside of Australia with links to the LEE program, would have their initial three-month visas reissued to extend their validity.
4.32
When asked how many people have had their subclass 499 visa lapse without being renewed, Home Affairs advised that, as at 31 December 2021, a total of 1,520 subclass 449 visas granted to evacuees from Afghanistan have ceased. Home Affairs noted that this includes:
53 who are in Australia were determined to already hold a valid substantive visa, such as a Family visa, or who have been granted a longer term visa since arriving;
1,398 who never entered Australia; and
69 who have now left Australia for New Zealand. Australia assisted these people with uplift from Afghanistan on behalf of New Zealand, and were granted a subclass 449 visa for the time they spent in Australia before they travelled onward to New Zealand.
4.33
When asked how many individuals linked to the Afghan LEE program and still outside Australia have had their subclass 449 visas reissued on an extended basis, since the Minister’s announcement on 18 November 2021 that this would occur, Home Affairs responded:
The Minister’s announcement of 18 November stated that the decision provides an ongoing extension to visas issued to certified Locally Engaged Employees from the Department of Defence, [DFAT], and the Australian Federal Police, as well as persons with other working relationships with the Australian Government and their families who were issued temporary humanitarian visas.
Between 18 November 2021 and 08 February 2022, 1,104 subclass 449 visas have been granted.
This includes extensions of visas for applicants onshore by way of a secondary grant, a secondary visa granted to applicants offshore where their visa had expired before travel, and applicants offshore granted their first subclass 449 visa upon approval from the Minister. This may also include certified LEE who had a Class XB application pending that was not able to be finalised prior to the Taliban seizing control, and was provided a 449 visa for emergency travel to Australia but had not travelled prior to the initial 449 visa expiring. Departmental systems do not allow for reporting on these groups separately.
Humanitarian visa applications and grants
4.34
Home Affairs submitted in January 2022 that there were more than 32,500 applications for Humanitarian program visas from Afghan nationals on hand, representing approximately 144,000 applicants. Home Affairs stated that ‘over 23,000 of these applications [were] yet to be registered as at 5 January 2022’.
4.35
On 14 February 2022, at additional estimates hearings, Home Affairs gave updated figures, reporting that they have ‘received and receipted, as in deemed to be lawful applications, about 55,000 applications now—generally for the XB class visa’. In addition, there are about another 100,000 which have not yet been certified as a legal application.
4.36
Home Affairs commented on processing times in its supplementary submission:
Applications are acknowledged in writing and processed as quickly as possible, according to their date of receipt.
All visa applications will be processed in accordance with Government announcements and within program priorities, and assessed on an individual basis. All applicants must meet the visa criteria and satisfy public interest criteria for character, security and health.
Processing times can vary according to the particular circumstances of the applicant, their location (be it inside or outside their home country) and their ability to travel, provide documents or access to Australian government officials.
4.37
When asked why the initial receipting of applications had not been completed by the end of 2021, as Home Affairs indicated it would seek to do in previous evidence to the committee, Mr Wilden of Home Affairs commented at the committee’s public hearing on 2 February:
I don't think it was a commitment that they would be done; it was an aspiration. We'd hoped to get them done but they've kept coming in large numbers. It's like a bucket: we empty the bucket with our certification and then more keep coming in. That is progressing quite well. We are a bit behind where we wanted to be, and that's as it is. We've done over 10,000, so there are 50,000 people who currently have their applications receipted.
4.38
Mr Wilden elaborated further on the process used by Home Affairs and its current status:
There are several steps here. People can lodge online and they will get, if you like, a notification: 'We've got your application.' Under the migration regulations, we then have to do a test to make sure it's a valid application, that it includes what is required. That's the step we've done for somewhere around 10,000 primary applications, which is about 50,000 people. We then triage to look at the relative priorities around what the minister has said—LEE, LEE immediate family, LGBTQI+, women and children at risk. We lift those out and then they go into processing, if you like. At the same time, we've got another team that's continuing to do the receipting for the others. It's quite an active process.
Visas have been granted all year. There were quite a number granted before the evacuation, there were visas granted during the evacuation—this is in the offshore lot—and there are visas currently being granted. That's the offshore group. The first are those who email in, which are around about the numbers I gave you. There are also paper applications, which go to Amman. There are about 1,800, which are about 8,000 applications. Again, the teams there are working on those.
4.39
Home Affairs noted that it does not have a physical presence in Afghanistan, and ‘visa processing presents significant challenges and security concerns’:
For example, access to service delivery partners and panel doctors to provide biometric and health checks in Afghanistan remains restricted at this time. The Department continues to process Class XB visa applications for Afghan nationals in third countries.
…
For those remaining in Afghanistan, the situation remains highly volatile, and travel throughout Afghanistan can be extremely dangerous. Some borders are closed or may close without notice (as outlined in Smartraveller advice). The Department urges all people remaining in Afghanistan to prioritise their safety and carefully consider the risks should they attempt to leave by any route.
Humanitarian visas granted
4.40
Home Affairs submitted that between 1 July 2021 and 30 November 2021, 783 offshore Humanitarian Program (Class XB) visas were granted to Afghan nationals. This does not include the 6,095 subclass 449 visas granted to Afghan nationals. A further 21 onshore Humanitarian Program visas were also granted to Afghan nationals in this period.
4.41
Home Affairs clarified further that between the last evacuation flight out of Kabul on 26 August 2021 and 30 November 2021, there have been 204 offshore Humanitarian visa grants to Afghan nationals (52 in the Refugee stream and 152 in the Special Humanitarian Program stream).
4.42
On 14 February 2022, at additional estimates hearings, Home Affairs advised that around 1,000 Class XB visas have been granted with the intention to complete the 5,000 places for this year by 30 June 2022.
Visas granted for LEE cohort
4.43
Home Affairs also provided updated data on humanitarian visa grants for Afghan LEE, stating that between 1 July 2021 and 30 November 2021, 549 offshore humanitarian visas had been granted for the LEE cohort. When asked to provide an update on the average processing time for Afghan LEE granted Offshore Humanitarian visas for 2021–22, which was 35.8 weeks as of October 2021, Home Affairs advised:
As at 04 February 2022, the average processing time for Afghan LEE applicants to be granted a Class XB visa is 38.9 weeks.
Given visa applicants in Afghanistan were not able to complete the requirements for their visa (biometrics collection and medical assessment) following the Taliban takeover, departmental focus shifted to providing subclass 449 visas to those LEE who had applications on hand. The LEE cases can have complications with documentation and one case took 68 weeks to finalise, whilst others can be finalised within six weeks. It is the 68 week case that caused the average processing time to increase by 3.1 weeks.
4.44
Home Affairs noted that as at 4 February 2022, 411 Afghan LEE visa applications (85 LEE and 326 family members) were before the department for consideration.
Updates from the Department of Defence and DFAT on LEE applications and certifications
4.45
The Department of Defence (Defence) provided updated statistics on LEE applications it has received and processed over the life of the LEE program. Defence stated that as at 28 February 2022, 1,638 LEE applications have been processed by Defence in total. This includes 89 LEE applications received since August 2021. Defence stated that as at 28 February 2022, it has completed the evaluation of all LEE applications it has received.
4.46
DFAT provided an update on LEE applications it has received since its last update to the committee in November 2021, stating:
As at 28 February 2022, since the hearing on 15 November [2021], DFAT has received around 70 new DFAT LEE applications. All applications are in the process of being reviewed and finalised. [In the same time period], 187 DFAT LEE applications have been considered by the Foreign Minister.
Partner and family visa applications and grants
4.47
The committee sought updates from Home Affairs in relation to the number of partner and family and partner visa applications on hand for people from Afghanistan, and processing of these applications.
4.48
On 14 February 2022, at additional estimates hearings, Home Affairs reported that as at 30 December 2021, there were 7,204 partner visa applications on hand relating to Afghans outside Australia, and 716 within Australia. Mr Michael Willard, First Assistant Secretary, Immigration Programs, Immigration and Settlement Services, Home Affairs added that:
We're seeing an acceleration in grants. There's been 763 grants of 300s and 309s to Afghan nationals since July 2021. As I said, because we've gone through that exercise of reviewing the cases and issuing 1,700 requests for further information to allow us to finalise the application, we're starting to see an acceleration. The latest advice I've got from the team is that in the week ending 28 January there were 54 grants.
4.49
Mr Wilden from Home Affairs informed the committee at the 2 February public hearing that as of January 2022, the overall numbers of partner visa applications on hand is well within the allocated program numbers for this year. Mr Wilden stated further:
The minister said at a forum yesterday that those people from Afghanistan who are applying for partner visas will be, if you like, lifted up and looked at first because of their situation. We anticipate that will happen over the coming months.
Submitter and witness comments on humanitarian and other visa programs
4.50
Several submitters reiterated concerns with the level of Australia’s humanitarian intake from Afghanistan that were canvassed in the committee’s interim report, again urging for measures including:
a special humanitarian intake of 20,000 people from Afghanistan in addition to the general Humanitarian Program cap;
reviewing Australia’s policy of not resettling Afghan refugees located in Indonesia; and
providing greater access to pathways for permanent residency for people on Temporary Protection Visas and Safe Haven Enterprise Visas.
4.51
Submitters were also critical of delays in visa processing and confusion about the process, as well as highlighting the need to prioritise family reunion for Afghans in Australia’s visa programs.
Level of Australia’s humanitarian intake
4.52
Several witnesses gave evidence that the Minister’s 21 January 2022 announcement that 10,000 places within Australia’s existing Humanitarian Program and at least 5,000 visas within the Family stream would be allocated to Afghan nationals over four years is insufficient.
4.53
The Refugee Council of Australia (RCA) submitted:
[T]he number of humanitarian visas granted to Afghan nationals since the Taliban took power is extremely modest—with just over 300 Refugee or Humanitarian (XB subclass) visas granted between August and 1 November 2021… This is despite over 145,000 people in the applications that have already been submitted, some of which have been pending for nearly a decade.
4.54
The RCA submitted further:
The 10,000 humanitarian visas and 5,000 family visas announced by the Minister for Immigration on 21 January 2022 is completely inadequate to address the scale and urgency of the crisis. The 10,000 humanitarian visas announced are within the existing humanitarian program quota of 13,750. This figure also includes the 4,300 people who are already in Australia as part of the August 2021 evacuation from Kabul, and comprises the 3,000 places already committed by the Prime Minister in August. This allocation is also over four years, and fails to grasp the urgent life and death situation for people trapped in Afghanistan or otherwise stranded in countries of first asylum. This commitment pales in comparison to our coalition partners who were also involved in the war in Afghanistan.
4.55
Dr Nouria Salehi AM, Founder and Executive Director, Afghan Australian Development Organisation (AADO), expressed similar concern to the committee about the fact that the 15,000 places committed by the Australian Government will be allocated over four years:
I welcome the decision of the Australian government to give visas to 15,000, but over four years? Just imagine: people are hiding from the Taliban now, so they cannot wait for four years to come to Australia. We should have them today, not in four years’ time.
4.56
Mr Nawid Cina, Acting General Manager of Mahboba's Promise, which has been attempting to facilitate the evacuation of vulnerable women and children from Afghanistan in recent months, stated that while the Government’s announcement was welcomed, it was unclear whether it would provide sufficient assistance given the urgency of their current situation:
Any announcement has been welcomed because it has been silent for so long. Especially from our organisation's perspective, we understand that it's through collaboration with the government that anything will happen, and we are very grateful for what has happened already. But…[we] also know that there are 5,000 to 6,000 interpreters and translators that worked directly with the Australian military who would most likely be given the highest prioritisation. That leaves a very small number, spread out over four years within existing quotas, to be evacuated… So in a case like ours, though we welcome the announcement, we're in a situation where it's already been months. I honestly don't know what we're going to do after this, especially when the winter ends. Even though we fulfilled criteria and we would be high up, there's no guarantee we'd even get an acceptance for this year. So they are the issues I see with the current announcement.
4.57
A number of submitters and witnesses reiterated the call for Australia to offer an additional 20,000 humanitarian places for people from Afghanistan, over and above the government’s annual cap of places in the humanitarian visa program.
4.58
Ms Shabnam Safa, Chair of the National Refugee-led Advisory and Advocacy Group (NRAAG), commented:
NRAAG has been quite involved in the advocacy that the Afghan Australian community has been doing over the last six months, asking for an additional 20,000 humanitarian places. That is because of the outpouring of support…from across different sectors of Australia. The way the community has come together behind this issue has been unprecedented in Australia, and that's evidence enough that we can do more. Australia can absolutely be taking in more.
We also don't want the crisis in Afghanistan to be taking away from the need to resettle refugees from other parts of the world. There are still, unfortunately, many crises happening. We also want to honour the intervention and the involvement that Australia has had in Afghanistan for 20 years. To honour that commitment and the progress that was made there by the Australian government, the least we can do is have an additional intake. That's what the Afghan community has been calling for over many months now.
[T]he Refugee Council wishes to reiterate the urgent need for Australia to make a significant and additional commitment to providing pathways to safety to Afghans at greatest risk, as well as to families in Australia desperately seeking to bring their wives, children and other family members to safety. As part of its contribution to a coordinated international response, the Australian Government should offer 20,000 additional resettlement places over a two year period for refugees from Afghanistan. This is premised on the significant humanitarian needs, our country’s deep links with Afghanistan, and the fact that Australia has the capacity and has made special intakes like this before. There is also strong community support for Australia to step up and support our Afghan allies.
4.60
The RCA submitted that 20,000 additional places is in line with the number of humanitarian places that were originally planned through forward estimates in the 2019–20 Federal Budget, but ‘were not realised due to the cut to the program in 2020–21 and the disruption to resettlement visa processing caused by the COVID-19 pandemic’. Mr Paul Power, Chief Executive Officer of the RCA, expanded further at the committee’s public hearing:
When we analysed [the] announcement of 10,000 humanitarian and 5,000 family migration visas over four years for Afghan nationals, we note that there won't be many more than 6,000 humanitarian visas remaining once, as expected, the vast majority of people who arrived on subclass 449 visas have applied for, and received, humanitarian visas. By comparison, in the four years to June 2019, well before the current crisis began, 6,125 Afghan nationals arrived on humanitarian visas over that four-year period. The 5,000 family visas for Afghans over four years is, in fact, lower than the number of family visas issued in the four years to June 2019, when 7,314 family visas were issued to Afghan nationals, or the four years to June 2020, when 8,140 visas were granted. So once the 4,300 evacuees apply for and receive permanent visas, there will be fewer humanitarian and family visas available for Afghans over four years than were issued over four years prior to the current crisis.
What makes this worse is that the government has cut 28,382 visas out of the refugee and humanitarian program since the 2019 election. The 2019 budget, which was delivered just before the election was called, included a humanitarian program of 18,750 visas a year over the four years of the forward estimates. The government's plans were to issue 75,000 humanitarian visas between July 2019 and June 2023. That figure has since been reduced to less than 47,000. The government cut 5,000 places per year over three years from the program from July 2020 and, because of the COVID pandemic, failed to issue 13,382 of the remaining visas between March 2020 and June 2021. By contrast, the migration program exceeded its target of 160,000 places last financial year, despite the pandemic.
4.61
In supporting this measure, the Australian Red Cross submitted:
We are aware of people evacuated from Afghanistan whose family members remain in Afghanistan. We are particularly concerned for women and children at risk. We are also aware of cases where family members left Afghanistan by their own means seeking safety in neighbouring countries, such as Pakistan and others remain in countries without access to effective assistance, protection, and durable solutions, such as Indonesia. We are also aware that some people made vulnerable due to their affiliation with the Australian Defence Force are in similar situations.
Given the scale of the crisis, Australia’s humanitarian and other connections to Afghanistan, and the pressing humanitarian need for protection, Red Cross recommend that an additional intake to the Humanitarian Program be established specifically for people from Afghanistan in need of humanitarian assistance and protection.
4.62
In addition to an additional 20,000 humanitarian intake, the Australian Red Cross recommended that Australia should provide ‘initial support to countries in the region providing protection’ to those fleeing Afghanistan, and also address resettlement needs in our region, ‘including reviewing the decision to not resettle refugees in Indonesia who registered with the UNHCR after July 2014’.
4.63
World Vision Australia (WVA) submitted:
Refugee Legal advised that there are already 45,000 applications representing over 150,000 Afghan people overall. For four months, these individuals and families have been waiting on a decision by the Australian Government to start their immediate repatriation. To this end, the Australian Government should urgently support safe passage and resettlement of vulnerable Afghans, including by committing to an initial intake of 20,000 Afghan refugees.
4.64
The Settlement Council of Australia (SCOA) supported the calls for an intake of at least 20,000 Afghan refugees, and stated that the settlement sector and the broader Australian community have the needed expertise and capacity to assist such an intake:
While recognising the [settlement] sector has faced limitations in supporting Afghan evacuees…[t]he fact remains, Australia has successfully welcomed over 4,000 Afghan evacuees. While there have been some challenges, and there are lessons that can be taken forward into future resettlement efforts, the settlement of Afghan evacuees has been successful overall. Australia, and our settlement infrastructure, is capable of settling many more Afghan refugees…
Immediately following the fall of Kabul, SCOA asked its member organisations whether the sector had the capacity to support an intake of at least 20,000 Afghan refugees, as has been called for by many other advocates. The overwhelming response was yes—and in fact, the sector would be prepared to settle many more than 20,000 refugees.
4.65
SCOA submitted further that as well as settlement providers, the broader Australian community ‘are enthusiastic to welcome and support’ a large intake of Afghan refugees:
Many community members provided extensive support to HSP providers to support the settlement of new arrivals—including donations, time and funding. The support from the broader community was so great, that it was more than could be used by the HSP providers at that time. However, it shows that there are great resources in the community that can be leveraged to support a higher intake of Afghan refugees.
Afghan diaspora communities have also proven to be an immense resource, ready and willing to support evacuees to settle in Australia. Many are employed by or volunteer with settlement service providers, and are critical in ensuring the sector provides tailored, and culturally responsive support. In addition, various Afghan community groups have volunteered to assist those who have arrived in practical ways, and have provided extensive social support.
4.66
Micah Australia, convenor of the Christians United for Afghanistan campaign which supports calls for an additional intake of 20,000 humanitarian places, submitted:
Whilst the campaign makes request of the government to act, the Christian community across Australia does not leave the government and those newly resettled refugees unsupported. Christian denominational bodies are ready and wanting to use their significant facilities to provide temporary accommodation if required. The social arm of these denominations seeks to provide support for a smooth settlement into the country and belonging within their communities. On a local level, individual church communities have historically provided key assistance to refugees within their areas, and this continues to be true. Small churches across Australia have already provided support for the 4000 Afghan people whom the Government recently evacuated, with food, clothing and financial donations being provided by these faith communities. This support has been reported on through various media publications, with it being clear that churches support a greater intake of refugees who are fleeing Afghanistan. From the large scale to the small community level, Christians within Australia are equipped and eager provide support to Afghan refugees.
Home Affairs response
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When asked what the Government’s rationale was for allocating humanitarian places within the existing cap, rather than offering 20,000 additional places as argued for by many stakeholders, Home Affairs advised:
The announcement of 15,000 places for Afghan nationals within the Humanitarian and Family Visa Programs is a significant contribution to the international response to the ongoing humanitarian situation in Afghanistan, and provides certainty on Australia’s ongoing commitment to resettling the most vulnerable Afghans. The allocation of 10,000 humanitarian resettlement places over four years is a measured, proportionate response that balances the immediate needs of vulnerable Afghan citizens with broader global resettlement needs.
The increased intake is consistent with the general approach taken to managing Australia’s Humanitarian Program, which aims to be flexible and responsive to changing global resettlement needs and emerging humanitarian situations.
Situation for temporary visa holders
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A number of submitters reiterated calls for individuals from Afghanistan who are currently in Australia on temporary visas to be granted pathways to permanent residency, given the ongoing crises in Afghanistan.
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The Western Australian Government (WA Government) noted the difficulties faced by Afghan temporary visa holders:
Due to ineligibility or limited access to settlement support services, Afghan temporary visa holders often experience financial hardship and mental health issues exacerbated by prolonged family separation without prospect of family reunion, absence of social activities, and uncertainty over their visa status and return to Afghanistan.
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The WA Government recommended that, ‘given the continuing mental health issues, trauma, anxiety and uncertainty faced by Afghan community members…policies regarding the transition of temporary visas holders to permanent residency be considered by the Australian Government to ensure better settlement outcomes’, including providing support for people in Australia whose applications for asylum were previously unsuccessful to resubmit new claims in response to the current situation in Afghanistan.
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The WA Government argued that the Australian Government should consider ‘providing permanent residency pathways to nearly 20,000 people already residing in Australia on TPVs and SHEVs, including many Afghan nationals who cannot return to Afghanistan and aspire to settle in Australia’. It submitted that this ‘will have the additional benefit of boosting the supply of migrant workers in key areas of labour demand’:
Based on ABS data, it can be noted that when temporary migrants transition to permanent residency, labour force participation rates increase by 23 per cent and unemployment rates are more than halved. Research into temporary visa holders has indicated around 90 per cent of TPV and SHEV holders are at peak earning ages (under 45), have functional English skills, and many have years of sought-after work experience as chefs, personal carers, construction workers, carpenters, builders and plumbers. Such measures can reduce the burden on government and settlement services and deliver long-term economic returns on investment by enabling migrants to upgrade their skills, sustain and grow their own businesses, employ other workers, and integrate into their local communities.
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The Australian Red Cross recommended that Home Affairs ensure that people in Australia with links to Afghanistan ‘can settle and build their lives here, including providing access to pathways to permanency’, in particular for people who are on TTPVs and SHEVs. It stated:
[A]s at 31 December 2021, there were 4389 people from Afghanistan who have been recognised by Australia as refugees in need of protection under the 1951 Refugee Convention but who remain on Safe Haven Enterprise Visas (SHEVs) or Temporary Protection Visas (TPVs), which do not provide them with certainty and safety about their future.
Our longitudinal research study on the impact of visa uncertainty… highlights the significant negative impacts that insecure visas have on people’s ability to feel safe, secure, and plan for the future. We further note that as at 31 November 2021, there were at least an additional 346 people from Afghanistan in Australia on other temporary visas (excluding people on a Bridging Visa E) who may require pathways to permanency to ensure safety and certainty.
Australia’s current policy settings mean that access to durable solutions in Australia are not equally available to everyone and may hinder the effectiveness of the international refugee protection regime.
Delays in responsiveness to requests and visa processing issues
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Several submitters criticised the progress made on visa processing for Afghan humanitarian applicants.
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The RCA described the current progress on processing these applications as ‘completely inadequate’. It stated that the small number of permanent visas granted in recent months is ‘especially disappointing given the extremely dangerous situation many applicants find themselves in following the takeover of the Taliban’, and argued that Home Affairs ‘must prioritise and provide additional resources to the assessment and processing of this cohort’.
We understand that delays in visa processing partly relate to the need for priorities to be determined and applications triaged in the context of demand outstripping visa places by some magnitude. The lack of progress on visa processing and finalisation, along with an absence of any communication with visa applicants about the status of their files, continues to cause acute distress and anxiety for those living precariously overseas, as well as for family members in Australia.
Poor communication with visa applicants
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Communication from Home Affairs to visa applicants was criticised by several submitters and witnesses.
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The RCA recommended that Home Affairs ‘urgently provide acknowledgement letters to all applicants from Afghanistan, including their reference number, to assist with ongoing processing and communication’, explaining:
Community organisations, migration agents and other support groups in Australia continue to be inundated with requests for assistance from those wishing to apply for a Humanitarian visa or who have applications pending and are seeking information or updates about their cases. Many have submitted applications in September without receiving an acknowledgement letter. While we understand that priorities and triaging may have delayed the processing of applications, the lack of communication and information provided to applicants and proposers on the status of their applications is causing heightened distress and burden.
The lack of an acknowledgement letter creates significant issues for community members and legal providers. An acknowledgement letter confirms the Department’s receipt of the application and provides a reference number for future correspondence. Without it, individual applicants face administrative difficulties in following up their application. Further, lawyers are not able to assist applicants, as they do not have a reference number in which to note in their communication with the Department and do not even know if the application was lodged successfully. The Department should expedite sending acknowledgement letters to all applicants.
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The RCA also contended that Home Affairs should urgently publish estimates for visa processing timeframes and communicate these timeframes to all applicants and to legal providers:
While it is understandable that the number of applications has caused significant delays, applicants should be given an estimate of how long their application will take in order to reduce stress and anxiety and provide a realistic expectation for those waiting. Providing an estimate for processing will also allow people to make choices as to their safety in Afghanistan, for example, whether to wait in hiding or try to find temporary safety elsewhere.
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Mr Cina gave evidence that Mahboba’s Promise has heard nothing directly from Home Affairs in relation to permanent visa applications lodged on behalf of approximately 90 individuals people it is desperately attempting to resettle from Afghanistan:
Those applications have been in for months, and we have not received anything back. Nor do I believe that anyone has received any visa grants since the airport closed. I've only heard of one organisation that may have received some emergency visas a few weeks after the airport closed, but, since then—and it doesn't matter what has happened—there's been nothing.
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Ms Jackie Fristacky AM, President, AADO, gave evidence that their organisation is similarly awaiting communication from Home Affairs in relation to humanitarian visa applications:
[W]e are also awaiting advice on at least 10 people who we put applications for humanitarian visas in for and we're still awaiting advice. We did that [between September and October 2021], and now, so many months later in this matter of urgency, we haven't heard anything. This is in relation to security guards who worked in security who we know can be targeted. Some of them are in hiding for that reason.
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Multicultural Australia recommended that the Australian Government ‘provide clear and ongoing messaging to Afghan community members around scope of support available and visa processing options for evacuees’, including:
Settlement and Humanitarian specialist support available (e.g., HSP, SETS, SIS, Refugee Health, FASSTT);
pathways/options for family reunification for subclass 449 visa holders;
options and processes for humanitarian visa applications; and
legal assistance and advice available to all subclass 449 visa holders towards their visa applications.
Priority criteria for humanitarian visa places
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Some submitters and witnesses commented on the categories of priority criteria announced by the government for granting humanitarian visas to Afghan applicants, which are:
former Locally Engaged Employees (LEE) and their immediate family members;
subclass 449 holders (current and former) and their immediate family members;
those with enduring links to Australia, such as Afghans who were employed by Australian non-government organisations or who worked on Australian Government funded projects, and Coalition partner LEE and their immediate family; and
Women and girls, ethnic minorities, LGBTQI+ and other identified minority groups.
[S]uch categories are too broad to advise applicants of their chances of success when lodging an application, especially when only 10,000 visas over four years for people offshore are available. With the likelihood of success so low, people must be given realistic expectations regarding their application. For example, “Women and girls, ethnic minorities, LGBTQI+ and other identified minority groups” captures over 18 million people. The Department should provide clear and detailed guidance as to how applications will be prioritised so that individuals can have greater clarity about their chances of a positive outcome and lawyers and migration agents can adequately advise clients.
Without such guidance, many may be waiting years without any knowledge of whether their application will be successful. Family members may choose to stay in regions where their lives are at risk, expecting that they may soon be brought to Australia, while others may flee elsewhere only to later find out their case had a higher likelihood of being considered.
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The RCA recommended that, as a matter of urgency, Home Affairs should publish their ‘criteria and guidelines for prioritisation of humanitarian visas for the Afghan cohort, in order to assess applications and their representatives and provide for realistic expectations as to the likelihood of success’.
Visa pathways for family reunion
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SCOA submitted that a key challenge for the Afghan evacuee cohort is the need for reunion with immediate family members who are still overseas:
Many Afghan evacuees who have arrived in Australia have unfortunately been separated from immediate family members overseas. Where families are separated, this becomes the immediate focus and priority of the client, affecting progress in their settlement journey. It is impossible for a client to feel settled until they are reunited with immediate family members.
Out of desperation to be united with their families, some clients are spending significant time asking any individual or service that might possibly be able to support them for advice, hoping for a favourable answer. However, due to arriving on a 449 visa, there is little certainty about the pathway forward for reuniting with families. A clearer pathway for family reunion and clear advice on how family reunion will be facilitated would provide some assurance to clients, and assist them in focusing on other aspects of their settlement journey in the interim.
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SCOA recommended that Australian Government should ‘provide clear advice and messaging on the pathway for family reunion for 449 visa holders separated from immediate family’.
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The RCA submitted that those in Australia seeking to reunite with family members ‘are facing a multitude of visa processing challenges’:
As well as the lack of communication, updates on progress and the vastly inadequate number of places available compared to demand, policy barriers preventing family reunification where a proposer arrived in Australia by boat remain.
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The Australian Red Cross noted that a number of people have experienced separation from relatives during evacuation to Australia from Afghanistan, including unaccompanied children. It stated the speed in which evacuations had to be carried out and the separation of families that occurred during the emergency evacuation ‘has had significant psychological impacts on people who arrived in Australia’.
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The Australian Red Cross submitted that it is working with government and other major service providers to register individuals where there are separation concerns, and facilitate family union wherever possible. It recommended that:
Home Affairs broaden eligibility and increase flexibility in processing of family reunion visas for separated family members, including by removing any distinctions by humanitarian visa type or mode of arrival in the family reunion processing prioritisation; and
the Australian Government work with its international partners and support agencies to develop and establish a protocol to assess and record, in an emergency evacuation, instances of family separation of people in their care to (a) reduce instances and (b) enable prompt action to resolve instances.
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Multicultural Australia recommended that the Australian Government:
expedite visa processing for Afghan Australians wanting to bring family to Australia—including applications for humanitarian visas and under the Family Visa Program; and
consider relaxation of requirements for applicants under the Family Visa process, given the extenuating circumstances for this cohort (for example, allowing applications to progress without local police and health/medical checks and examinations).
Partner visa applicants
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The RCA gave evidence that it ‘has heard many reports of separated family members left without communication or updates regarding their application for a partner visa’, and elaborated:
There are many partner visa applications that were lodged prior to the Taliban takeover, some still pending dating back seven years or more. To applicants, it is not understandable why these applications are not being prioritised or offered emergency evacuation when they have been waiting for a visa for so long.
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The RCA also reiterated the difficulties for applicants to meet health and biometric checks from Afghanistan:
Partner visa applicants are…required to undergo health checks that are not waivable, unlike humanitarian visa applicants, a requirement which is incredibly difficult following the fall of Kabul and the lack of infrastructure in Afghanistan. RCOA understands that it is very difficult, if not impossible, to undergo the compulsory biometric tests in Afghanistan, and applicants must undergo these tests in the United Arab Emirates. However, the UAE suspended issuing visas to Afghans in early 2021 and there are no flights available, making this requirement unattainable for partner visa applicants still in Afghanistan.
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The RCA recommended that Home Affairs ‘prioritise processing partner visas for Afghan nationals and facilitate identity and medical assessments in order to support applicants to meet these requirements’.
Visas for humanitarian workers
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The committee received evidence concerning visa applications from humanitarian workers in Afghanistan who have worked with Australian NGOs and are now seeking protection in Australia. Ms Brigid O’Farrell, Policy and Advocacy Advisor, ACFID, informed the committee:
When we last gave evidence [in November 2021] we outlined that there were approximately 209 applications that had been lodged for humanitarian visas… We note that the minister did confirm that individuals who have worked with Australian NGOs or on the delivery of Australia funded programs will be considered priorities. But…we all are deeply concerned about the delays we're seeing in the processing of these visas and in efforts to bring these people to safety.
We've had a very small number of visas granted—I think there were two or three who were evacuated—and then a further couple were granted visas but haven't been able to safely leave the country. So the vast majority are still waiting an outcome. They're, obviously, individual cases, and the notification and updates go directly to the individuals, so we can't provide that kind of detail. But, yes, we do understand that there needs to be far more urgency. These are people who are facing danger every single day.
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WVA submitted that it is currently assisting with 87 visa applications, consisting of past and present World Vision staff and staff from World Vision’s implementing partners with links to DFAT-funded programs that have operated in Afghanistan:
For many years, DFAT funded programs implemented by World Vision that have addressed women’s access to education, supported small business opportunities and strengthened civil rights. The focus and success of these programs have made some frontline staff and their implementing partners fearful for their safety should they remain in Afghanistan.
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WVA submitted that a common and significant roadblock faced by applicants is difficulty in lodging their application, with no online portal available for the subclass 842 visa pathway (without proposer) and paper copies being required by Australian consulates:
This is prohibitive to all our applicants, who cannot safely or practically access a consulate in-country or in any nearby countries. It is only via NGO assistance that the applications are being lodged at all—and this is only done via secured post to Australian Embassies abroad.
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DFAT commented as follows in relation to Afghan aid workers who had applied for humanitarian protection in Australia under the LEE program:
As at 28 February 2022, of the Afghan aid workers who applied for certification as a Locally Engaged Employee (LEE) with the Department of Foreign Affairs and Trade, decisions have been made on 236 applications. Of the 236, 43 were certified as meeting the criteria set out in the Legislative Instrument IMMI 12/127.