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

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.

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!