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Feb 21, 2026

Home Affairs vows visa bans and jail for British and Irish backpackers abusing Australia’s protection-visa system

Home Affairs vows visa bans and jail for British and Irish backpackers abusing Australia’s protection-visa system
The Department of Home Affairs has fired a warning shot at Working Holiday Maker (WHM) visitors from the United Kingdom and Ireland who lodge protection-visa applications as a tactic to extend their stay. In a statement posted on 20 February 2026—and amplified by migration-industry site Getting Down Under—the department says it is pursuing cancellations, multi-year re-entry bans and even criminal prosecution for applicants who submit “manifestly unfounded” asylum claims.

Australia’s Protection (subclass 866) visa exists for people who face persecution, yet in the past two programme years officials have seen a spike in WHM holders filing claims shortly before the end of their second working-holiday stint. Internal data cited by Home Affairs suggests that 82 percent of such claims from UK and Irish nationals are refused at the primary stage, tying up tribunal and court resources and leaving genuine refugees waiting longer.

If you’re a traveller trying to navigate Australia’s shifting visa landscape, VisaHQ can help you understand legitimate options—such as second-year WHM extensions, visitor visas or regional work routes—before you arrive. Their easy-to-use portal (https://www.visahq.com/australia/) consolidates official requirements, documents and processing times, letting you apply online and avoid risky maneuvers that could jeopardize future entry to Australia.

Home Affairs vows visa bans and jail for British and Irish backpackers abusing Australia’s protection-visa system


Under new compliance measures, immigration officers can now:
• Cancel the underlying WHM visa while the protection application is still pending if they detect fabricated evidence;
• Rely on information-sharing with UK and Irish authorities to verify claimed persecution; and
• Refer egregious cases for prosecution under section 234 of the Migration Act (penalties up to 10 years’ imprisonment).

Home Affairs is also working with hostels, regional employers and labour-hire firms to circulate an English-language factsheet titled “Stay legal – don’t gamble with a Protection visa”.

For Australian agribusinesses that depend on backpacker labour, the crackdown could thin the pool of seasonal workers in 2026-27. Migration agents meanwhile say genuine WHM visitors need clearer pathways—such as the new Agriculture Visa pilot or state-nominated regional visas—if policymakers want to stop the ‘protection-visa loophole’ without hurting rural employers.

The warning follows media scrutiny last year when a Freedom of Information release showed that almost 3,000 Britons and 1,800 Irish citizens had sought asylum in Australia since 2021, despite their home countries ranking in the world’s top-ten for personal freedom. Industry observers expect the department to run targeted airport operations during the March-April backpacker peak to identify over-stayers and lodge immediate cancellation notices.
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