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If you are a refugee or fear returning to your home country due to a serious threat of persecution considered unjust under international human rights laws, you can apply for a protection visa in Australia. Get professional assistance and advice from protection visa specialists from Parish Patience Immigration Lawyers. Book a consultation today!
Australia provides protection for asylum seekers who meet the United Nations and the Migration Act 1958 definition of a refugee, which is any person who is outside their home country of origin and residence, and have a ‘well-rounded fear of persecution’ if they are forced to return to their home country.
Refugees are owed protection and asylum in Australia as the country is among the signatories in the Refugees Convention in 1951. One of the key conditions is that a refugee must not be a war criminal and has not been involved in any serious crimes that are in contrast with the United Nations and its principles and purposes as an international organisation promoting global peace and security.
Individuals who are refugees or those who have a ‘well-founded fear of persecution’ can apply for a protection visa in Australia. Applicants of this visa fear returning to their home country because of at least one among five (5) reasons involving the following:
There are three types of protection visas in Australia for refugees and those facing persecution in their home country. These are:
Other humanitarian and refugee-related protection visas also include:
Talk to one of our Visa Experts Now.
As a protection visa applicant, you must convince the Department that there is a real chance you will be persecuted in your home country or previous habitual residence upon your return. You have a ‘well-founded fear of persecution’ if, and only if, you satisfy one or more of the following:
From 24 March 2012, complementary protection claims have been considered as part of the protection visa assessment process. Complementary protection is the term used to describe a category of protection for people who are not refugees but cannot be returned to their home country, in line with Australia’s international obligations, because there is a real risk that the person will suffer certain types of harm.
Applications for protection visas are assessed by trained departmental officers. All claims for protection are assessed with confidentiality on an individual basis against the criteria contained in the Refugees Convention and the complementary protection criteria, in accordance with Australian legislation, case law, and up-to-date information on conditions in the applicant’s country of origin.
People who are found to be owed protection are eligible for the grant of a protection visa in Australia, provided they satisfy health, character, and security checks.
Where an application by a person in Australia is refused by the department, that person can seek a merits review from either the Refugee Review Tribunal (RRT) or the Administrative Appeals Tribunal (AAT). Which independent tribunal has jurisdiction will depend on the basis for refusal.
The RRT conducts a new assessment and examines the applicant’s claims against the Refugees Convention and the complementary protection criteria, providing an informal, non-adversarial setting to hear evidence.
If the RRT is not able to make a favourable decision to the applicant based on the evidence presented, the case can be further taken in court for a hearing.
If the protection visa application was rejected by the relevant Tribunal, the applicant has no more than 28 days left to leave the country. Staying beyond this period may have them removed from Australia.
Asylum seekers that have arrived in Australia legally and subsequently apply for protection may receive a bridging visa upon lodging a protection visa application. This bridging visa enables the applicant to remain lawfully in Australia while the protection visa application is being reviewed and finalised.
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Here is what some of them have said!
The team at parish Patience Immigration Lawyers were incredibly helpful throughout the application process. Their assistance made our lives so much less stressful and their expertise cleared up any confusion we had. They remained engaged with us the whole time and quickly responded to any questions with thoughtful, detailed answers. Special thanks to Usman Ali and Shan . We highly recommend the team at Parish patience immigration lawyer for anyone considering help regarding any kind of visa .
Highly recommended lawyers! Extremely professional and reliable service, with outstanding outcomes. A special thanks to Mr Thong and Marlene, for helping us with our difficult case. Not only did they ensure that everything was ready to go, but their professionalism came in favor when we were granted our visa within just under 6 months!
Thong and Marlene helped my partner gain permanent residency in Australia. We did the application ourselves but it turned out lots of information we needed to provide was missing. Thong and Marlene picked our case up and helped amend it. I really appreciate their help and guidance and look forward to contacting them again in the future. I am pleased by their efforts and professionalism.
Successfully handled my case. He had been prompt, caring and very professional in dealing with my case. I am glad to have received very strong support, guidance and service from them. I would highly recommend Parish patience immigration lawyers. I wish the best for their future prospects.
I’m really thankful for the guidance and assistance I’ve received regarding my Partner visa from Shan and his assistance Asha at Parish Patience. They handled my matter professionally and there were clear instructions from the beginning till end. I got my partner visa 820 granted in less than 7 months, thanks to their knowledge and expertise. I wish them all the best and highly recommend Parish Patience Immigration Lawyers for any sort of immigration matters.
Protection law is the most complex area of immigration law and has given rise to more litigation in the courts than all other areas of immigration laws combined. As specialists in this area we maintain extensive databases of decisions and applicable country information which assists case officers to make the most accurate assessment on the case of our clients.
Established in 1888, Parish Patience Immigration Lawyers prides itself as one of the longest-running law firms in Australia. Moreover, our skilled immigration lawyers have completed many successful protection visa applications for refugees in Australia. Rest assured that we will fight for your case to the end if we think you have the right and are 100% eligible to be granted a protection visa given your circumstances.
If you want an honest, transparent, excellent, and empathic team of lawyers and protection visa specialists to manage your application, whether it’s your first time or seeking to file an appeal at the Tribunal, you’re in capable hands with Parish Patience. Let us do the stressful legal procedures so you can focus on what matters.
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frequently asked questions below.
People who need asylum and are holding a valid visa at the time they apply are eligible to get this visa. If you meet Australia’s protection commitments and other visa criteria, you can stay in Australia indefinitely, first as a permanent resident and then as an Australian citizen if you qualify.
The protection visa 866 processing time takes 90 days from the time of lodgement. Note that these may take longer depending on the complexity of the case being evaluated for visa grant.
One of the benefits of being granted an 866 protection visa is you can sponsor eligible family members. As your co-applicants, they must likewise satisfy all character, health, and security requirements, and must commit to obeying all Australian laws during the entirety of their stay in the country.
According to the data Kaldor Centre Data Lab obtained through a request for Freedom of Information, it found that from May 2020 to May 2022, there were a total of 7,632 protection visa AAT decisions, of which only nine (9) percent of these cases were successful.
Protection visa subclass 866 holders cannot only stay and live in Australia, but also work, study, and travel. For more information and tailored visa assistance, contact our office.
