Should Student Visa Holders Be Allowed to Apply for Protection Visas in Australia?
As a definition – A Protection Visa (subclass 866) is granted to individuals who engage Australia’s protection obligations by meeting the criteria of a refugee or by being at real risk of significant harm if returned to their home country. It’s a vital part of Australia’s commitment to international human rights conventions.
But here’s the problem:
Student visa holders are required to meet strict criteria to be granted a visa:
- A compelling Genuine Student (GS) Statement explaining why they are coming to study.
- A declaration of financial capacity, demonstrating that they can support themselves without undue hardship.
- Clear intent to return home after studies.
By definition, if a student was genuinely at risk in their home country, these requirements should disqualify them from obtaining a student visa in the first place.
Yet, a growing number of student visa holders are applying for protection visas once they should apply for a new visa oe leave Australia. This creates three critical issues:
- It undermines the integrity of the student visa system and affects the risk of education providers.
- It places immense pressure on Australia’s asylum system.
- It opens the door for misuse by those exploiting a loophole to extend their stay indefinitely.
Of course, genuine cases must be protected, Australia has international obligations and a proud humanitarian record. But these applications should be made offshore, or at a minimum, in person at an immigration office where claims can be assessed seriously, including the possibility of detention if the applicant is found to have made misleading claims.
Such a step would eliminate opportunistic, non-genuine applications and restore trust in both visa streams.
It’s time we stopped confusing visa pathways with protection obligations.
Protection is a right, not a backdoor strategy.
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