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

Australia flag

Get Protection Visa Here.

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!

Picture of Nilesh Nandan

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.

Looking for Australia’s Best Immigration Lawyer?

Looking for expert guidance on your immigration journey? Our top-rated immigration lawyer in Australia is here to provide you with the support and expertise you need. Whether it’s visa applications, residency, or citizenship, we’ll help you every step of the way

39 Responses

  1. Hi,
    Myself khalid. I am from Bangladesh. Currently I am in protection visa subclass 866. Am I able to bring my partner from Bangladesh to here

  2. Hi iam from the Solomon Islands working as a registered nurse specialized in eye care and we have a tribal disputes in our land with another party which they threatened my family and i wanting to apply for a temporary protection visa to find job, could you help me out on how i will go about it? thanks for your help.

    1. Whilst it is certainly possible to make an application for a protection visa inside Australia, is quite difficult for such a visa to be approved given you are a national to Solomon islands.

      If you wish to get assistance in determining your eligibility, please consider booking in a chat with me.

  3. Hi this is ashish i am from India currently I am Australia on visit visa. How can I apply for protection visa plz advise me on this i came to Australia with my wife and 14 months baby
    Hoping the reply from Nilesh nandan
    Thanks and regards
    Ashish

  4. Hi, i am from Indonesia, i’m in Australia now, i wanna apply for Protection visa because my country making law 5 years prison for Lgbt, n have a lot of discrimination to my religion n race coz its minorities,
    Are you open minded n do you have similar case experienced? Pls reply thank you heaps mate

      1. Hi Nilesh Nandan my name Hamidul Islam I come from Burma or Myanmar I have Safe Haven Enterprise Subclass 790 visa so my visa expire very soon can you apply permanent protection visa I live regional areas work regional area I am asylum seeker I am Rohingya from Burma let me know thanks

  5. Hi
    My partner is in bridging WE 050 visa and waiting for hearing and i am in 489 visa. Is there any chance to keep my partner in my visa 489 as a defacto. We been living together for more then 2 yrs and we have a 10 months baby as well my and my baby got same 489 visa but I am worried about my partner visa. Please let me know is there is any chance of any other option.
    Thank you

  6. Hi, am a Solomon islander married to an Australian citizen with 2 kids(10 & 9 yrs).
    I’ve been on visiting visa for more than 5 years now visiting my husband kids.
    I’ve been trying to find a way to move permanently to Australia to be with my family but financially there is no way I or my husband can afford the partner migration visa. I’ve been flying back and forth since my kids were 4&5 yrs old and am losing my mind not been able to be with them. Can there be a way you can help me with the protection visa?
    My # 0472609981
    Email: maelijacqueline@gmail.com

    Thank you

    1. Do you have any cancellation notice or decision in relation to the cancellation of the visa? Someone we will need to read this.

      Please contact Amy or Sean from my office if you require further assistance and they will give you an email address where you could send the material for me to look out prior to a consultation with me, which can be by telephone if required.

      Regards
      Nilesh Nandan
      Immigration Lawyer

Leave a Reply

Your email address will not be published. Required fields are marked *