Asylum in Australia - the application process and key steps from application to appeal

Last updated: 1 October 2026

IntroductionAustralia is one of the most popular countries for asylum applications. It is known for its commitment to human rights, political stability, and robust refugee protection system. Australian asylum laws strictly regulate the process, ensuring that those facing threats of persecution receive adequate protection.

In this article, we'll take a detailed look at the asylum application process in Australia, including the key steps:

1. Submitting an application.
2. Consideration of the application.
3. Appeal.
4. Submitting a new application in case of refusal.

This guide will help you understand how to apply for asylum correctly and what steps to take to ensure a successful outcome.

1. Applying for Asylum The
asylum application process in Australia begins with submitting an application to the Australian Immigration and Citizenship Service (Department of Home Affairs).

At the Border or Airport
If you arrive in Australia, you can apply for asylum at the border or airport. To do this, you must declare your intention to apply for asylum during immigration clearance. It is important that you clearly state the reasons why you cannot return to your home country.

Domestically
If you are already in Australia, you can apply through an online platform or in person at Department of Home Affairs offices. When submitting your application, you will need to provide:

• Personal information (passport, visas, birth certificates, if any).
• A detailed explanation of the reasons why you cannot return to your country.
• Evidence of harassment or threats (written threats, medical records, letters, witnesses).

2. Application ProcessingOnce your application has been submitted, its processing begins. This process can take several months, depending on the complexity of the case.

Applicant Interview
: The applicant will be invited to an interview where they will be asked to provide a full description of their situation, including the reasons why they cannot safely return home. The interview will help immigration officials assess the credibility and seriousness of the threat.

Threat Assessment
: The Australian Immigration Service will review the applicant's circumstances, including their personal situation, conditions in their country of origin, and the evidence provided. It is important to provide as much information as possible to demonstrate that the applicant is genuinely facing persecution.

Case Decision:
After the application has been processed, if it is approved, the applicant will be granted refugee status and will be able to apply for permanent residence in Australia.

3. Appealing a refusal
If your application is refused, you have the right to appeal to the Administrative Appeals Tribunal (AAT).

The appeal process is:

1. Timeframe: The appeal must be filed within 28 days of receiving the refusal.
2. New Evidence: It is important to present new evidence or explanations that were not presented at the initial review stage.
3. Appeal Review: The court considers whether errors were made in assessing your evidence and whether the legal framework was applied correctly.

4. The role of the expert report in the appeal

At the appeal stage, the expert report becomes a key tool

It helps:

• Confirm that the Department of Home Affairs' decision failed to take into account important aspects of the case.
• Point out errors in the interpretation of evidence or the situation in the country.
• Substantiate new evidence if the situation in the applicant's country has changed.

What is a Country Expert Report?
An expert report is an independent document prepared by an expert to confirm the reality of threats in the applicant's country.
The report's objectives are to:

Confirm the overall context:

• Describe the current situation in the country: political instability, repression, conflicts.
• Show how these conditions affect the applicant.

Strengthen the evidence base:

• Justify that the applicant belongs to a vulnerable group.
• Show why he cannot safely return to his country.

Support the facts with links:

• Each fact is confirmed by references to Amnesty International, Human Rights Watch, the UN and others.

Russia and CIS Expert: Assistance in preparing expert witness reports for asylum applicants from Russia, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan

My name is Maxim Kharitonov, and I am an expert on human rights , political repression, and social abuses in the CIS countries. My work focuses on providing objective and professional expert witness reports for asylum seekers in countries such as the United States, United Kingdom, Canada, and the European Union. I specialize in analyzing and presenting evidence supporting the risks of persecution in the former Soviet Union.

My achievements:

• Over 100 successfully prepared expert witness reports for asylum applicants from CIS countries, including Russia, Belarus, Tajikistan, Ukraine, Armenia, Azerbaijan, Kazakhstan, Georgia, Kyrgyzstan, Moldova, Turkmenistan, and Uzbekistan – at the appeals and initial application stages.
• Collaboration with leading US and UK law firms, including the preparation of reports that have become key evidence in successful asylum cases.
• Winner of the Expert Witness Awards 2024 in the category "Best Expert on Immigration Issues".
• My in-depth knowledge of the legal and political situation in the CIS countries allows me to objectively assess the risks of political persecution, human rights violations, and other factors affecting the safety of applicants.
• Recognition as a respected expert in the field of human rights and political repression, including inclusion in the Experts for Immigration and Justice (EIN) database: https://www.ein.org.uk/experts/kharitonov

Having gone through the asylum process myself, I understand how important it is to present the court with a complete and accurate picture of what happened.

If you are looking for a professional expert on political asylum issues from the CIS countries, my services will help you prepare a strong and compelling case for your clients.

How I prepare an expert report:

• Analysis of the General Situation: I examine the political, religious and social conditions in the applicant's country of origin, including repression, persecution, human rights violations and other threats.
• Analysis of the applicant's circumstances: I study the statement, interview, provided documents and the decision of the court or immigration authority.
• Research: I use international and local sources, such as Amnesty International, Human Rights Watch, the UN , and local media. I support every fact with references using the OSCOLA methodology.
• Compliance with standards:
• My reports are strictly regulated and comply with the guidelines set out in the Upper Tribunal's Practice Direction on Expert Evidence.
• Having accepted responsibility for the analysis and preparation of the report, I confirm the accuracy of all facts presented and the correctness of the opinions expressed.

Declaration of Truthfulness:

At the end of each report, I sign a declaration confirming that all information presented is based on reliable sources and that the opinions expressed are my own.

Liability to Court:

• My professional remuneration is not dependent on the outcome of the case, which guarantees objectivity and the fulfillment of my duty to the court.
• In some cases, I may be called to court to provide evidence regarding circumstances in the appellant's country of origin.

— Maxim Kharitonov

How to contact me
: Email: info@thehuman-rights.com

Application on the website:
thehuman-rights.com

Working hours:

• I respond to requests within 1 hour.

• I prepare reports within 1 week, including complex and extensive cases.

5. Appeal to the Council of State (Conseil d'État)
If your appeal is rejected, you can file a complaint with the Conseil d'État, France's highest court.

When is this possible?
A complaint is filed in the event of legal errors or procedural irregularities at the CNDA.

The filing process:

• The complaint must be filed within 2 months of the CNDA refusal.
• The court may overturn the CNDA's decision and remand the case for retrial.

6. New application (réexamen)
If all previous attempts have been unsuccessful, you can submit a new application based on new circumstances.

What do you need for a new application?

• New evidence confirming the change in the situation in the country.
• Expert report substantiating the relevance of the threats

7. Fresh Claim
If all the previous steps fail, you can file a Fresh Claim.To do this, you need:

• New evidence that significantly changes the essence of the case.
• An expert report confirming changes in the situation in the country.

Conclusion:
The asylum application process in France is complex, but with the right preparation and support, you have every chance of success.

An expert report is a key tool to help you explain your story and justify the risks.

Contact me:

• Email: info@thehuman-rights.com
• Web: thehuman-rights.com