A Canberra law firm representing a number of Commonwealth Games athletes seeking asylum in Australia says Home Affairs has rejected their clients’ request to postpone protection visa interviews so they can access psychological counselling.
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Welcome Legal principal lawyer Liz Huang Hughes-Brown said the department had refused the Braddon law firm’s request to push back interviews one month to ensure its clients were mentally and emotionally strong enough to be interviewed.
She said it could be “extremely distressing” for an applicant to discuss their claim when it included physical and psychological abuse and threats to their family.
“There is a perception that because these are elite athletes who have been successful in sports they are somehow invincible,” Ms Hughes-Brown said.
“In fact, they can be vulnerable to abuse and threats and the damaging effects like everyone else.”
Earlier this month, Senate Estimates heard almost 200 Commonwealth Games athletes and officials applied for various visas - predominantly protection visas - after the Gold Coast event. Another 50 had remained in the country illegally.
Ms Hughes-Brown, a registered migration agent, said the process was progressing faster than usual. She said she was concerned fair process was being sacrificed as a result.
Ms Hughes-Brown added the Braddon firm felt it was “sending lambs to the slaughter” after hearing that one man’s application was rejected before he could secure legal representation.
On the man, who was rejected just more than a month after applying, she said: “He was unrepresented at the protection interview because he was unable to secure representation in time.
“It is unclear whether he was notified in accordance with the Migration Act about why his application may be rejected and if he was given a fair opportunity to respond by providing further information.”
The same case worker was allocated to interview Welcome Legal’s clients in the next two weeks, she said.
As well, Ms Hughes-Brown will be required to attend three interviews for three applicants in a single day after Home Affairs changed one appointment.
“The department case officers will get to alternate, but under this arrangement I will be expected to attend the three interviews back to back,” she said.
“As interviews usually take at least two hours, this is not even likely to be logistically possible.”
Home Affairs referred The Canberra Times to statements made at Senate Estimates.
