People evacuated from Afghanistan to Australia will face a seven-day deadline to lodge visa applications, with some advocates concerned the time constraint could place them under undue pressure.
But the federal government maintains the requirements of the process are being communicated to applicants to ensure they’re not caught out by the demand.
SBS News has obtained a letter from the Department of Home Affairs sent to evacuees from Afghanistan outlining the pathway forward for those on humanitarian stay (temporary) subclass 449 visas to apply for a permanent visa.
The emergency visas were issued during the final days of Australia’s evacuation mission in Kabul last August in response to the urgent need for them to be expedited.
Government figures show some 3,568 people granted the visas were airlifted to Australia, and before this point had been told to await further information on their application process.
In a letter dated 2 March, Department of Home Affairs Assistant Secretary Sally Pfeiffer states a subclass 449 visa holder should expect another letter in two weeks requesting they proceed with their application.
“Once you receive this notice you will have seven (7) working days to lodge your visa application,” the letter reads.
“Applications received after the seven (7) working day period will not be considered. If you do not apply within the seven working day period, you will not be able to transition to a permanent visa.”
SBS News has been told the reasoning behind the seven-day deadline relates to complexities within Australian migration law.
People on these 449 visas ordinarily can’t apply for a permanent visa, unless the immigration minister lifts a bar preventing them from doing so, which lasts a period of seven days.
Part of the letter sent to a subclass 449 visa holder evacuated from Afghanistan. Credit: Supplied
“It’s another layer of bureaucracy entirely unfair on refugees and the people helping them,” he told SBS News.
“The pressure is on to get this right - [an application] can very easily be rejected based on one incorrect entry in one line item.”
A spokesperson for the Department of Home Affairs told SBS News all subclass 449 visa holders will receive two pre-notification letters over a four week period advising that in the coming weeks they will be receiving a notice inviting them to apply for a permanent visa for Australia, and suggesting steps that should be taken in preparation.
"If a subclass 449 visa holder attempts to make an application after the seven working day period has passed, the application will be invalid," they said.
"It is open to the Minister to make another determination to lift the bar under section 91L of the Act."
To apply, they would be required to complete an application for a Refugee and Humanitarian (Class XB) visa consisting of 34 pages.
They would also be required to fill out a Form 80 document conveying personal information, including for use in a character assessment, which is 19 pages in length.
The letter from the Department of Home Affairs outlines that evacuees from Afghanistan can access free legal assistance from a list of legal aid services in various states across the country.
Mr Kolomeitz - whose legal service has provided advice to hundreds of people who have fled Afghanistan - said without access to identity documents, many evacuees faced difficulty trying to complete these forms.
“There is no guarantee they are going to get access to lawyers. They are now going to be caught up in a minefield not being able to prove their claims,” he said.
“We know the backlog of support in the refugee advisory services is enormous.”
The department’s letter also states that it will be inviting people to apply in groups over the coming months, so other subclass 449 visa holders may not receive the notice until a later date.
The decision appears to be an attempt to manage demand as the department deals with more than 145,000 applications for humanitarian visas, both in Australia and Afghanistan.
But Hannah Dickinson, principal solicitor for the Asylum Seeker Resource Centre, has also raised concerns about the department's letter and migration law provisions underpinning it.
“It’s going to be very difficult for people in the community to lodge in compliance with these letters and the stress and the panic is unnecessary,” she said.
“The forms to apply for a visa aren’t simple and there is an apprehension in the community about completing them without assistance.”
The department’s letter also states that evacuees from Afghanistan who currently have a permanent visa being considered by the department will continue to have their application processed.
Ms Dickinson said the letter's demands risked adding to the confusion of evacuees, despite the advance warning from the government.
“Even people who do have a process ongoing might not understand their situation; it is quite complex,” she said.
“We’re also really concerned the department hasn’t taken a coordinated approach, for example, providing lists of applicants per state to legal services.
She said another concern was letters being sent directly to evacuees without their lawyer's knowledge, even when these were "on the record for a person".
"The process is being done in a way that is very confusing and stressful for people in the community who receive the letters," she said.
Australia has committed to taking in 10,000 refugees from Afghanistan over the next four years within the humanitarian program and another 5,000 places in the family visa program.
All Afghan evacuees in Australia with a subclass 449 visa - which typically last 90 days - have had their visas automatically extended for another 12 months.
The Department's spokesperson said $6.4 million had been commited towards supporting those evacuees on subclass 449 Temporary Humanitarian Stay visas to transition to permanent visas.
"The Department will engage with subclass 449 visa holders individually regarding their application and the provision of supporting documentation once applications have been received to assist with their settlement journey," they said.
The commitments have been made against the backdrop of safety fears because of the Taliban's ascension to power in Afghanistan.
