Protection Visas: A Guide For Refugees Seeking Convention Based And Complementary Protection In Australia

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Are you a refugee or asylum seeker in Australia?

Lodge Your Refugee Visa Application Quickly.

There are three (3) key advantages to lodging your protection visa application as early as possible.

  1. your claims are far more credible
  2. you may forfeit favourable work rights conditions
  3. you might become ineligible for meeting the refugee visa rules

Refugee Visa or Protection Visa?

In Australia, refugee visas for those seeking asylum or Australian government protection are known as protection visas.

What is a “refugee visa”?

A Refugee Visa is also known as a “protection visa” “asylum visa” “asylum application” or “asylum-seeker visa”, a refugee visa provides refugees protection in Australia, by allowing a temporary or permanent residence visa for asylum-seekers and those who fall within complementary protection provisions.

An international convention defines what a refugee is and determines whether or not someone is a refugee. However, the conventional definition of a refugee has been re-scoped by legislation and court decisions to include other applicants seeking protection. These are known as the complementary protection provisions.

How do I get a refugee visa?

A protection visa application is made to the Australian Department of Home Affairs (DHA) or a Government agency either onshore or offshore.

Refugees need to prove that they are genuine refugees. The DHA officer determines whether the applicant meets the DHA criteria for a protection visa. To do this, the DHA officer relies on your home country’s information research and your submissions.

Many desperate visa applicants lodge protection visa applications onshore as a last resort to remain in Australia. Therefore, our practice assists only genuine asylum seekers and refugees to effectively present their cases for protection.

Refugee-Visa-Nilesh-Nandan-MyVisa-Australia-Immigration-Lawyer
Protection Visa Nilesh Nandan Immigration Lawyer

What does it cost?

Protection visas attract a small fee or no fee upon lodgement of the application with the Department of Home Affairs.

A schedule of fees and charges applicable to applications lodged at the Department is published regularly.

If you use an Immigration Advisor or Registered Australian Migration Agent, additional fees are payable.

Although, the pricing of fees charged by Immigration lawyers and migration agents depends on the skill level of the Immigration Law Specialist, the complexity of the applications, and the urgency of the application.

Filing Fees For Visa Applications

Fees for these types of visas are nominal (almost nothing) if you are not in immigration detention and nothing if you are currently in immigration detention.

Legal Aid For Visa Applications

Try the following for assistance if you have no money to pay a private lawyer:

  1. legal aid refugee service
  2. refugee advice and casework service
  3. immigration advice and rights centre

Temporary Protection Visas For Refugees

The TPV (subclass 785) allows refugees to stay in Australia for up to three years. That’s provided you are found to meet the legal tests that trigger Australia’s protection obligations, as well as some other criteria. I can advise on these requirements.

Permanent Residence Visas For Refugees

The PV subclass 866 allows refugees to stay permanently in Australia.

Protection Visa Appeal Success- Former Solicitor General of PNG

The AAT decision to affirm an earlier decision of the Delegate of the Minister for Immigration to refuse protection has been overturned in the Federal Circuit Court.

FSR17 & Ors v Minister for Immigration & Anor [2018] FCCA 2931 (18 October 2018)

The decision made news here and in the Asia Pacific. The former solicitor general was refused a protection visa for Australia on two occasions.

I was then instructed to file an appeal to have the decision of the AAT quashed and this was successful in the FCC.

Your Experience?

Please share your comments with me.

I’d love to know more about your experience with applying for this visa subclass!

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Nilesh Nandan

Nilesh Nandan is Australia's most sought after immigration lawyer for visa refusals and visa cancellations. Appeal your visa or get help to relodge your Australian visa application or citizenship application.

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39 Responses

  1. Hi
    My name is kazem Saifi from 30 ropes creek road mount druitt nsw 2770
    Mob: 0430096666
    I would like to get information to bring my brothers from Afghanistan to Australia by any visa my older brother is about 50 and younger brother is about 35 both with family because Afghanistan situation is very bad I’m trying to bring them here we are 3 brothers in Australia 2 citizens 1 permanent thanks.

  2. Hi, my aplication for protection visa had been refuse and now it is passed over the limit had been given for me if I want to do for appeal. I called the immigration office and they advice me to find migration agent.What should I do to let me stay and work legaly in Australia

    1. Investigate whether your were correctly notified of the visa refusal decision. If not, you might be able to persuade them to re-notify you of the visa refusal decision and this will give you further options.

  3. Hi, I overstayed in Australia for 6mnth and willing to apply for protection visa 866..what sort of bridging visa I will be given and do they give work rights?

  4. Hi I’m an asylum seeker in Australia.
    I’m invited to apply for 3 years protection visa, I received my FOI(Freedom Of Information) documents. I wanted to ask you how much will you charge for fill the form 866 PTV visa?

  5. Hi, Sir… I’m Satyaseelan from Malaysia, now I’m in Australia.. I needed a protection visa to work sir… But my visitor visa was finished on 13 October 2016. Sir I was search u in net.. Can u help me…I’m coming from poor fly sir.. I want work here cause of that I needed the protection visa for immigration not disturb me. Please sir help me.

  6. Hi my name is Adam.I had refused student visa. I lost mrt , currently I am on federal court . My lawer said i am not gonna win .
    I don’t want to go back my country and the condition not good at all. So my Question is am I eligible to apply protection visa.
    Thank you

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