Protection Visas: A Guide For Refugees Seeking Convention Based And Complementary Protection In Australia [Update 2021]

refugee visa, protection visa,Nilesh Nandan Immigration Lawyer

Get Protection Visa Here.

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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 for 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

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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” or “asylum visa” or “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 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 case for protection.

Protection Visa - Nilesh Nandan 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 DIBP.

A schedule of fees and charges applicable to applications lodged at the DIBP 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 visa 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 to 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

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Temporary Protection Visas For Refugees

The TPV (subclass 785) allows refugees to stay in Australia for up to three years if 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 – Former Solicitor General of PNG Seeking Asylum

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

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 is making news here and 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.

Refugee Visa Nilesh Nandan Immigration Lawyer

Refugee Visa Nilesh Nandan Immigration Lawyer

The decision of the court can be found here:

Nilesh Nandan @MyVisa:

ABC News report can be done found here:

Nilesh Nandan @MyVisa:
PNG’s former solicitor-general eligible to apply for asylum in Australia over ‘payback’ fears: court – ABC News (Australian Broadcasting Corporation)

The ABC News Radio Report and Audio can be found here

ABC News Radio Report

(If you want to hear the clip)

Why Nilesh Nandan Immigration Lawyer?

Learn more about Nilesh Nandan.

Do you need help with getting a visa granted?

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Your Experience?

Please share your comments with me.

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

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.
  • 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

  • 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.

  • 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?

  • 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?

  • 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

    • 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.

  • 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.

    • 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.

      Nilesh Nandan
      Immigration Lawyer

  • 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

    Thank you

  • 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

  • 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

  • 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

  • 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.

    • 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.

  • 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

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