Australia Responds to Afghanistan Crisis with Evacuation Plans and Pathways for Visas

In August 2021, the Australian Government responded to the current political and social unrest in Afghanistan. With several Australian individuals affected the Australian Department of Foreign Affairs and Trade (DFAT) has been working in Afghanistan with the Australian military with aims to safely evacuate those seeking to depart Afghanistan. The Government also has several visa pathways available.

Evacuation Plans for Afghans

Under an agreement with the Taliban, the Hamid Karzai International Airport in Kabul, Afghanistan is expected to stay open until 31 August 2021 and if safe to do so individuals listed below are advised to go to Abbey Gate as the North Gate is closed. The Government is currently establishing safe flight options for:

  • Australian citizens

  • Permanent visa holders

  • Australian visa holders

  • Afghan former Locally Engaged Employees (LEEs)

  • And family members of the above

  • Afghan visa applicants with lodged visa that have not yet been decided

All individuals mentioned above that are seeking to leave Afghanistan are urged to register their details with DFAT at Home (dfat.gov.au) and check Afghanistan Travel Advice & Safety | Smartraveller for constant updates. DFAT must be made aware of individuals who are in Afghanistan to then determine appropriately who to evacuate. Individuals or loved ones of those who remain in Afghanistan may email foreign.minister@dfat.gov.au and/or afghanistanvisaenquiries@dfat.gov.au.

Details to be included in the emails:

  • Personal details (full name and date of birth)

  • Visa details if the individual has held any visas or lodged any applications

  • Identification (E.g., passport, birth certificate, driver’s license, national ID card, etc.)

  • Any family ties to Australia (E.g., Australian relatives, relationships, etc.)

  • Contact details (if any) for Afghanistan and Australia

    • This is pertinent as prioritized evacuees will be contacted by Australian authorities with details of an evacuation.

Refugee/ Humanitarian Visas for Afghans

 The 1951 Refugee Convention defines a refugee as:

‘someone who is unable or unwilling to return to their country of origin owing to a well-founded fear or being persecuted for reasons of race, region, nationality, membership of a particular social group, or political opinion’

 

Australia’s current annual humanitarian program has an allocation of 13,750 refugees and on 18 August 2021, the Government announced that 3,000 humanitarian places will be made available specifically for Afghan nationals.

Prioritised individuals:

  • Women and girls

  • Children

  • The Hazaras

  • Other vulnerable groups

    • The Government plans to liaise with leaders from the Australian-Afghan community to identify groups that are most at risk

Individuals will still be subject to the visa criteria and character, security, and health requirements. Current Subclass 790 Safe Haven Enterprise visa and Subclass 785 Temporary Protection visa holders may not sponsor their Afghan family members. The available visas and their conditions are listed below:

Processing times on such visas will vary depending on each individual’s circumstances such as location, their ability to travel and ability to provide the necessary documentation. If an individual has limited access to communications affecting their ability to apply, another person may apply on their behalf.

 Alternatively, individuals still have the option to apply to migrate due to their skills or family ties in Australia. Currently, all existing citizenship by descent applications for Afghan nationals who are in Afghanistan is being processed as a high priority. To explore other migration visa options visit Explore visa options (homeaffairs.gov.au).

For more information on the Government’s announcement concerning the current situation in Afghanistan please see the Afghanistan update (homeaffairs.gov.au).

The Government’s 24-hour Consular Emergency Centre is available for urgent assistance:

  • In Australia:

    • 1300 555 135

  • Outside Australia:

    • +61 2 6261 3305

 

How Can Agape Henry Crux Help

At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are well trained to handle highly complex matters.  You can book one of our lawyers or agents to seek professional advice by calling 02-72002700 or email us to book in a time at info@ahclawyers.com.

We speak fluent English, Korean, Burmese, Japanese, Mandarin, Cantonese, Indonesian, and Malay. If this isn’t your language, we can also help you arrange an interpreter.


This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact our office.

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