When a major international conflict erupts, most people follow the news…
Immigration lawyers follow the consequences.
Inevitably so many people are affected. Families trying to understand what happens to approved relatives who can’t travel. Asylum seekers on bridging visas wanting to know if their situation has changed. Visa holders whose visas are expiring soon and they cannot return to their country.
The immediate disruption: a processing system that has effectively stalled
Australia’s embassy in Tehran is suspended. Airspace across the region is closed. The administrative machinery that supports visa processing — interviews, document collection, medical checks, biometrics — has ground to a halt for applicants in the region.
For many people, this is not simply an inconvenience. It is a serious legal and logistical problem.
Iran was the single largest source country for Australia’s Humanitarian Program in 2023-24, accounting for over 30% of all humanitarian visa applications — more than 25,000 lodgements in a single year, the majority filed by Afghan refugees who had been sheltering in Iran after fleeing earlier conflicts.
Many of those applicants had already been granted Australian humanitarian visas. They had cleared health checks and security assessments. They were, in every legal sense, approved to travel to Australia. The only thing missing was a flight — and now, there are none.
The Refugee Council of Australia has written urgently to the Immigration Minister and the Foreign Affairs Minister, warning that these approved visa holders are now stranded in an active conflict zone, facing serious risks to their safety. This is not a bureaucratic backlog problem. It is a humanitarian emergency that sits inside a legal framework that was not designed for it.
The IRGC designation: what it means in practice for applicants
Australia listed the Islamic Revolutionary Guard Corps (IRGC) as a terrorist organisation some months ago. That decision now has direct and practical consequences for Iranian visa applicants that I don’t think are widely understood.
The IRGC is not simply a military organisation. Over decades, it has embedded itself across Iranian civil society — healthcare, construction, manufacturing, banking, and more. Many Iranians, regardless of their personal views or affiliations, have had incidental contact with IRGC-connected institutions simply by going about daily life. Working for an IRGC-affiliated company. Receiving treatment at an IRGC-linked hospital. Completing compulsory military service.
Under Australian immigration law, associations of this kind — even indirect, even involuntary — can trigger additional scrutiny during character and security assessments. It does not mean an application will be refused. But it does mean that applicants with any such connections in their background need to approach their applications with great care. Non-disclosure of relevant associations carries the risk of adverse findings. Disclosure, appropriately handled with proper legal support, can be navigated — but it requires knowing how.
The complexity here is real. This is not an area where a DIY approach is advisable.
The bridging Visa situation: a legal paradox
Apparently there are currently around 9,000 Iranian nationals in Australia on bridging visas, having been refused refugee status through the fast-track assessment process introduced several years ago. Regardless of one’s views on that process, the practical reality right now is stark.
These individuals cannot be deported to an active conflict zone. Australia’s non-refoulement obligations — binding international law under the 1951 Refugee Convention — prohibit the return of any person to a country where their life or safety would be at risk, irrespective of whether they hold formal refugee status. At the same time, under current settings, these individuals have no confirmed pathway to permanency.
The result is a legal gap: they cannot be removed, but they also cannot be resolved. The most legally coherent response to this situation would be either temporary protection extensions or a formal re-assessment of claims in light of materially changed country conditions — since the situation in Iran today is fundamentally different from what it was when many of these decisions were originally made.
Changed country conditions can, in appropriate cases, provide a basis for revisiting previous decisions.
What to expect in the months ahead
Based on experience with previous conflicts — Afghanistan in 2021 being the most recent comparable situation — here is some assessment of what is likely to unfold.
Processing times will lengthen. As the regional situation stabilises and consular operations resume, there will be a significant backlog to work through. Applicants who are currently mid-process should expect delays and plan accordingly.
Security and character assessments will become more detailed. This is neither surprising nor unreasonable given the environment, but it does mean that applications need to be prepared more thoroughly than they might have been previously. Documentation, declarations, and explanations will need to be more comprehensive.
Changed country conditions will become a relevant legal argument. For applicants who were previously refused — particularly those on bridging visas — the material change in Iran’s circumstances creates potential grounds for revisiting those decisions. This is worth exploring with a qualified practitioner.
A dedicated government response program is possible but not yet confirmed. Advocacy organisations are calling for an Iran-specific humanitarian program, similar to the 2021 Afghanistan response, that would fast-track already-approved visas and extend protection to those in limbo. Whether and when that eventuates remains to be seen.
Practical steps if you or your family are affected
If you are currently in the system — whether as an applicant, an approved visa holder waiting to travel, or someone on a bridging visa — here are the most important things you can do right now.
Do not let bridging visas or temporary visas lapse. If an expiry date is approaching, act immediately. Contact your lawyer or a registered migration agent before the visa expires, not after.
Do not travel to Iran or the broader conflict region without first getting legal advice. Departing Australia can affect your current visa status in ways that are difficult to reverse.
Document everything. If you have family members in the region, keep records of their circumstances, any communications, and any evidence of the conditions they are facing. This documentation may be relevant to future applications or re-assessments.
If you have previously been refused, do not assume that decision is final. The legal landscape has shifted. A conversation with a qualified practitioner about whether changed country conditions apply to your case costs very little and could make a significant difference.
This article is intended as general legal information only and does not constitute advice specific to any individual’s circumstances. For advice tailored to your situation, please Contact Phoenix Law Migration Team to arrange a confidential consultation | Multilingual lawyers. CALL +61731800908 or email info@phoenix-law.com.au | Level 8, 320 Adelaide Street, Brisbane
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Images with thanks to https://aviationweek.com/ and https://e.vnexpress.net and The Guardian.
