- Read your statement of claims or have it read to you through a translator before you sign it – this is extremely important as you are signing a declaration that everything you have written is true and correct.
- Know where your supporting documents have come from – the DIAC case officer will likely check to see if any documents you provide are genuine so it is important that you know they are.
- Always tell the truth! Your best chance of having a successful Protection visa application is to tell the truth. If the DIAC find out that you have lied or something in your application is not true, this will be very bad for your case. The DIAC has access to a lot of information and will also check anything you say about your story. If there is anything untrue the DIAC will find out as they have many ways of investigating claims so it is best not to lie. If you are granted a Protection visa on the basis of false information that you have provided, your Protection visa can be cancelled.
- Tell the DIAC your new address – if you do not tell the DIAC your new address, you will not receive important paperwork regarding your Protection visa application, such as your interview date which will be very bad for your case if you miss it, or even worse, if your application is rejected, your decision. If this happens you might become unlawful and you could also lose your right to have your case reviewed at the RRT. Remember always to inform the DIAC in writing using a Form 929 – change of person details form as soon as you move address.
- Give document to the DIAC with a receipt – If you give original documents to the DIAC during the interview, you should ask for a receipt that the DIAC has taken them in case they are misplaced. If the DIAC asks to keep your original passport to get it examined, ask for a photocopy of your passport.
- Send information to the DIAC using registered post – Where there are original documents and confidential information and highly sensitive its appropriate for register mail and also if there are any original documents and they get lost you will not be able to use them to support your application.
- Keep copies of everything submitted to the DIAC – this is important because it is very important to know what information has been supplied to the DIAC so that you know what you have previously stated to the DIAC and if any stage they seek legal assistance it will be much easier to provide a copy of their application rather than trying to get it from the in case DIAC misplaces anything.
- Don’t try to make your refugee claims stronger – sometimes people with very strong claims will try to make them stronger by adding things that are not true. The important thing is to remember to always to tell the truth!
- Follow time limits – it is important to always follow time limits, this is the best way to make sure you are lawful at all times and that your legal rights are protected.
- Go to your biometrics appointment within 14 days – your application will become invalid and if you don’t apply again within the life of your existing visa you will become unlawful.
- Apply to the RRT within 28 days if you are rejected – if you do not do this you will lose your right to have your application reviewed by the RRT.
- Attend the DIAC interview – anytime a migration agent/lawyer or friend tells you to not go to the DIAC interview, do not listen to them. You must always attend your DIAC interview.
- Don’t guess during the DIAC interview – if you are confused, you don’t know the answer to a question or if you can’t remember something don’t guess. If you don’t know the answer, don’t feel like you have to give one. Just explain to the case officer why you don’t know the answer, for example because you can’t remember. If you guess and you give an incorrect answer this can affect your case badly.
- Stay calm during the DIAC interview – if you lose your cool during the DIAC interview or personally criticise the DIAC case officer, this will affect your chances of success. If you feel you are getting upset or angry, ask the DIAC officer for a break.
- Say if there is a problem with the Interpreter during the DIAC interview - It is very important that if there is a problem with the interpreter you let the case officer know during the interview. Do not wait until a decision is made to inform the officer that the interpreter is not interpreting you correctly. If there are problems with the interpretation or if the interpreter makes a mistake this can mean the case officer doesn’t understand your story properly. It is your right to have an interpreter that interprets your story accurately. The officer can arrange for a different Interpreter. If for any reason you do not feel comfortable telling your story in front of the interpreter it is very important that you let your case officer know. If you are embarrassed to tell the case officer in front of the interpreter you can ask for a break and tell your migration agent or support person who can talk to the case officer for you.
- Tell the DIAC case officer all of your experiences of persecution or mistreatment – it is very important that you tell the DIAC officer everything that has happened to you. If you are not comfortable talking about something, tell the DIAC officer what you can and explain why you cannot say anything further.
An initiative of the ASRC: www.asrc.org.au
Victoria's Legal Services Board is an independent regulator that protects consumers and enhances the integrity of legal services in Victoria.
Visit: www.lsb.vic.gov.au