Refugee fail: 80,000 rejected asylum claimants still here, 60,000 allowed to work

More than 60,000 of 80,000 failed asylum seekers still in the country have been allowed to remain here with full work and study rights, it can be revealed.

More than 60,000 of 80,000 failed asylum seekers still in the country have been allowed to remain here with full work and study rights, it can be revealed.

Government figures show that 80,000 would-be refugees who originally travelled to Australia on work, study, or tourist visas and later made failed claims for protection are still here despite having their protection claims rejected.

At least 61,525 of those remain in the country with work rights on their bridging visas and 61,554 have rights to study.

Just 17 failed asylum seekers were removed from the country either voluntarily or involuntarily in the last two months.

Data also revealed that large numbers of visitors claiming asylum arrived on student visas.

The most recent figures available showed that 2135 claims were made by student visa holders in the first half of 2023 alone, with Chinese and Indian passport holders the most likely to make a claim despite most refugee applications from those countries being knocked back.

Asylum seekers remaining in Australia despite their claims to refugee status failing sets up a contest between Immigration Minister Andrew Giles (left) and Shadow Immigration Minister Dan Tehan (right).

In April, just one in 10 Chinese applicants and one in 40 Indians dealt with during that month were granted a Final Protection Visa.

Separately, figures released by the Department of Home Affairs also showed that over March and April, around 70 would-be asylum seekers lodged a claim every day, with more than 40,000 claims having been lodged since Labor was elected.

While refugees who arrive by boat are detained, those who apply once they’ve landed legally can stay for years – even if their claim fails. (NCA NewsWire/Dan Peled)

Some 297 asylum Palestinian asylum claims have been lodged since the start of the year, following the government’s granting of hundreds of visas to Palestinians with connections to Australia.

As of February, 330 Palestinians had arrived in Australia since Hamas attacked Israel last October, killing and brutalising more than 1200 civilians and kidnapping hundreds more.

“Under Labor just 15 per cent of onshore asylum seekers are found to have a genuine claim for protection,” said shadow immigration minister Dan Tehan.

“The abuse of the asylum seeker process by non-genuine applicants undermines Australia’s generous humanitarian program and diverts time and money from supporting real refugees.”

“There are now more than 80,000 failed asylum seekers in Australia awaiting deportation, and around 80 per cent still enjoy work and study rights so they have no incentive to leave.”

“Amid a housing crisis, Labor is bringing in a record 1.67 million migrants over five years and they are also not working to remove non-genuine temporary visa holders.

“The Coalition will look at why so many non-genuine asylum seekers remain in the country after they have exhausted all their legal rights,” he said.

Immigration minister Andrew Giles said, “Peter Dutton wrecked Australia’s system of immigration and border security.

Under the former Liberal government more than 140,000 people arrived in Australia and claimed asylum onshore.”

“We are cleaning up this mess.”

“We have invested $160 million in a package of reforms to restore integrity to Australia’s refugee protection system.”

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