Parish Patience Immigration Lawyers

FAQ - Protection Visas


AAT Video Conference Hearings Security.

The COVID-19 pandemic has affected the capacity of the Tribunal to conduct hearings in person and the move to hearings by video conference was made to enable it to continue to meet its objectives. The Tribunal has elected to use the Microsoft Teams application within our Microsoft Azure cloud tenancy to conduct hearings by video because it has the functionality and security to meet the Tribunal’s needs and could be quickly deployed and accessed by users.

Source: Letter from AAT

What is Onshore Protection? 

The Onshore protection part of the Refugee and Humanitarian Program gives you options if you believe you are owed protection after arrival in Australia.

You can apply for protection if you are already in Australia if one of the following applies to you:

  • you meet the United Nations definition of a refugee, as defined in the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol (Refugees Convention)
  • you are owed protection under other international human rights treaties and conventions because there is a real risk that you will suffer from significant harm if returned to your country (complementary protection)

What is Australia’s Refugee and Humanitarian Program all about?

As a member of the international community, Australia shares responsibility for protecting refugees and helping to resolve  refugee situations. We express this commitment through our Refugee and Humanitarian Program. The program has two parts:

  • The Onshore protection offers protection component for persons already in Australia who are found to be a refugee according to the Refugee Convention or who meet the C.P test.
  • The Offshore resettlement component for persons outside Australia who are subject to persecution or substantial discrimination.

What is Offshore Resettlement?

The Offshore resettlement part of the Refugee and Humanitarian Programme brings people to Australia to live. We offer three types of permanent visas:

  • Refugee visas
  • Special humanitarian visas
  • visas granted under the Community Proposal Pilot.

How can a protection visa holder request permission to travel to their home country?

​A protection visa holder with Condition 8559 attached to their visa must apply to the Department for permission to travel to their home country, or country from which they sought protection, before they depart. 

They may make their request in writing or orally in person or by telephone at any office of the Department.

How long will it take to process my application for a Refugee or Humanitarian visa?

See Refugee or Humanitarian Program Visa Processing Times for offshore humanitarian and onshore protection.