How to successfully apply for an onshore Protection visa in Australia

Introduction

You might be eligible to apply for a Permanent Protection (subclass 866) Visa if you need protection in Australia, are in Australia, and entered the country legally.

In conclusion, you might be eligible for this visa if:

• You have a valid visa and are currently in Australia.
• Either as a refugee or under Australia’s additional protection program, you are requesting Australia’s protection;
• You are not prohibited from submitting an application for a protection visa.

What conditions must a protection visa meet?

You must show that there is a credible possibility that you will suffer severe damage in your country of origin due to one or more of the following in order to be granted refugee status under Australian law:

• race
• religion
• nationality
• political viewpoints; or
• participation in a social group that your country does not accept, such as homosexuality, lesbianism, transgenderism, or any other form of sexual preference

Protection claims may occasionally include a mix of the aforementioned.

You must demonstrate that, as a necessary and foreseeably occurring result of your removal to your country of origin, you would actually be at risk of one or more of the following forms of significant harm in order to qualify for a protection visa in Australia as a person owed complementary protection by Australia.

• arbitrarily taking someone’s life
• as a death sentence
• torture
• punishment or treatment that is cruel or inhumane; or
• humiliating behavior or punishment.

You must be able to prove that you satisfy one or more of the criteria for protection in addition to passing the necessary identity, health, and character tests.

An application for a visa for permanent protection must also meet additional requirements. Contact us for further information.

Family members may be listed in your subclass 866 visa application if they meet certain requirements and are also present in Australia. Contact us for further information.

What advantages do acquiring a permanent protection visa offer?

Permanent protection (subclass 866) By using a Visa, you can:

• continue to reside in Australia
• work and education in Australia
• enroll in Medicare, Australia’s national healthcare program
• when you are eligible, apply for Australian citizenship.

Sponsor eligible family members for permanent residence; and travel to and from Australia for five years following the day the visa is issued (after that time, you will need a resident return visa or another visa to return to Australia). However, you won’t be permitted to travel the country from which you’ve requested protection unless the Minister has given written approval for the entry.

How we may support your application for a permanent protection visa

It might be very challenging to prove that you are a refugee. The examination for refugee status is prospective in nature. This means that the Department will evaluate whether you actually face a likelihood or risk of injury rather than just relying on the time. You must demonstrate that, despite any prior instances of egregious violations of your human rights, returning to your country of origin will still put you at serious or significant risk of future damage.

An application for a protection visa may require years to process before a decision is made. This is due to the Department’s investigation into your visa application to ascertain the veracity and foundation of the statements you have made. You will typically have a Bridging visa to ensure your legal status in Australia while you wait for the outcome of your Protection visa application. Please get in touch with an immigration lawyer right away if you have already submitted an application for a protection visa but do not already possess one.

To ensure yourself the best chance of winning, it is essential that you have top-notch legal representation.

Different conditions will apply depending on the country the petitioner is requesting protection. This is why it is preferable to seek the decision of an immigration lawyer who can help you with your protection visa application, country research, and creation of the strongest arguments that will help the Departmental case officer decide on your visa application.

We have helped people from all around the world apply for protection visas after escaping death, torture, and other types of abuse. We stand out because of our depth of understanding of each country.

With over 9,000 protection visa cases handled over the past 30 years, we have a wealth of expertise and experience in this area. Before submitting your visa application, we strongly advise you to consult one of our knowledgeable immigration attorneys for guidance.

About Us

Since 1888, we have been offering assistance and support for all types of Visas in Australia. We’ll make sure your application is processed correctly and quickly – so that it meets the requirements necessary to enter this great country! We provide comprehensive solutions to the candidates and support them throughout the entire Visa journey.

Please call our office on 02 9286 8700 or email: ppmail@ppilaw.com.au

Parish Patience Immigration Lawyers is here to assist if you wish to move to Australia as a skilled worker and require professional advice.

Book a Consultation for Expert Advice on subclass 866 Visa.