Some British and Irish backpackers are becoming so desperate to stay in Australia they are risking jail time by lodging false asylum claims. Wannabe citizens have been filing protection visa applications under false pretences, despite facing penalties of up to 10 years behind bars.
Alarming trend in protection visa applications
The trend has raised alarm bells in the Department of Home Affairs, which flagged a spike in $50 protection visa applications, a pathway reserved for those fleeing persecution. To be granted asylum in Australia, applicants must prove they face a real risk of serious harm or persecution in their home country based on factors such as race, religion, nationality or political views. The UK is considered a safe, democratic country, so it is very difficult for British citizens to meet that threshold.
In practice, lodging a protection visa can allow applicants to remain in Australia for years, even if their claim is ultimately rejected. Once an application is submitted, individuals are typically granted a bridging visa, allowing them to stay lawfully while it is assessed. While there is no fixed processing time, cases can take months to several years to finalise, and significantly longer if refused decisions are appealed through the Administrative Review Tribunal (ART).
Voices from the ground
British woman Amy, who works in hospitality management in Sydney, is trying to secure permanent residency after living in Australia for almost four years. However, she warned those attempting to falsely apply for a protection visa. British man Aaron, who has been in Australia for nearly two years, is on the final year of his working holiday visa and plans to 'never go back.' When asked about reports that British travellers had been falsely claiming asylum, he described their actions as 'silly.'
In an onshore protection visa processing report seen by the Daily Mail, 41 people from the United Kingdom lodged an application for a protection visa in March. The Department of Home Affairs insists the protection visa is not for those seeking to extend their stay.
Expert calls it 'legalised scam'
Visa migration agent Mark Pelley described the ability to apply for a protection visa as 'the biggest legalised scam in the migration industry.' He explained that anyone from anywhere can apply for refugee status, and the process can take from six months to two years for a decision, allowing applicants to stay legally during that time. If rejected, they can appeal to the ART, which could take three years due to the backlog of fake refugee claims. Further appeals to the Federal Court can add years more. Pelley called out those applying for refugee status from first-world countries, saying they are hurting other Brits and Irish trying to do things legitimately, real refugees who need the system, and their own credibility.
Katie, from Ireland, was shocked by the hoops she had to jump through to extend her visa. Friends Andy and Gavin, also from Ireland, said they could see why people would 'do anything' to stay but urged people to do it 'the legal way.'
Sham marriages and exploitation
Pelley also slammed expats entering sham marriages with Australian citizens to secure partner visas. He said he has been approached by travel agents, migration agents, and marriage celebrants offering money to recruit vulnerable local women for sham marriages, with payments up to $50,000. He called on the Albanese government to close the legal loophole by removing the ability for people from certain countries, such as the UK and Ireland, to apply for asylum, and urged improvements to the visa processing system to clear the backlog.
Pelley advised expats to return home, work in a trade, and then apply to come back to Australia if they wish to extend their stay. But Brits like Amy and Aaron say Australia's sunny weather, beaches, and laidback lifestyle are hard to resist.
Legitimate pathways and challenges
Amy, from Manchester, said she hasn't heard of people abusing the visa system but wouldn't be surprised given the many hoops to jump through. She is trying to secure permanent residency through legitimate means and warned against false asylum claims. Aaron, a hospitality worker from Luton, recently moved in with his Australian partner and hopes to apply for a partner visa, but admits it is 'really hard to get one.' He described false claims as 'silly' and unfair to those trying to do it properly.
Zac, a permanent Australian resident from Essex, said he could somewhat understand why some Brits go to extreme lengths, given the lifestyle differences, but urged people to go through correct channels. Katie, from Ireland, moved to Sydney in 2020 for a better quality of life and was shocked by the visa process's difficulty.
Department warnings and statistics
A spokesperson for the Department of Home Affairs told the Daily Mail that the department has denied over 85 per cent of protection visa applications, with refusal rates for some nationalities close to 100 per cent. Applicants who provide false or misleading information face serious consequences, including significant financial penalties, imprisonment for up to 10 years, or both. The department also warned of scam migration agents encouraging fake partner visas. If a protection visa application is refused, applicants and their families may find it harder to visit Australia in the future, and the rejection remains on the applicant's immigration record for life.
Brits were the fastest-growing nationality of people taking up working holiday visas to Australia in 2024/25, a rise of 80 per cent from the previous year, driven by a near doubling of arrivals on temporary working holiday maker visas.
