Protection Visas: A Guide For Refugees Seeking Convention Based And Complementary Protection In Australia [Update March 2023]

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.

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!

View Comments

  • i have solid and genuine reason to file asylum but dont know what to do and how. i have a strong background in my country, Permanent good job of me and my wife, Own house + plots for investment, Good bank Balance and have inheritance property of my parents. can these things make my case stronger that i have no intend to leave my country but due to life and safety threats to me and my family i cannot go back. Kindly guide and also let me know that can to take my case ?

  • I recently arrived in Australia on a Visitor visa (subclass 600) and want to apply for a Protection Visa as their is currently an ongoing war in the country I have left (Sudan).

  • 4 years ago my application for protection visa got rejected
    Now my wife n kids have Australian citizenship and passsport,
    Can I apply partner visa on her new status

    • Thank you very much for your post. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps. It could be that I have misunderstood you :).

      1. In most cases you're able to make an application from outside of Australia, but I suspect you are more interested in making APPLICATION inside Australia.

      2. I am with you can make an application inside Australia. You need to consider whether you are affected by any statutory bar. Hey bar is a specific term used to refer to a rule in the migration act which says that you cannot make an application inside Australia except in limited circumstances.

      3. One common bar applies if you have arrived in Australia by boat and you will need to discuss whether or not this bar and applies to you, and if so, whether there is any scope of lifting this bar so that you may make a valid application for a partner Visa in Australia. Enough issue which comes to mind is if you have previously lodged a partner Visa application and had that partner Visa application refused (in respect of another partner for example).

      For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute

      Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/

      *In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.

  • Hi,
    My partner is on subclass 790 visa and due for a renewal. I’m an Australian Citizen. Are there any options for him to apply for another type of visa? He has a court proceeding coming up which might affect his renewal?

  • HI Nilesh Nandan my name khairil nizam from malaysia i want ask about my visa class WA 010 BRIDGING A its been more then 5 years without any answer, still wait for final hearing after my visa refuse and make Appeals review by AAT ,until now still nothing just want to know what next,i need to prepare, that i had a chance or when final hearing get nominate to permanent visa its that possible maybe its still keep going in my head.what your experience in this case

  • Need Opinions and Suggestions

    My name is XXXX. I am a XX year-old man from Jharkhand in northern India. I am greatly supported and influenced by “Beti Bachao Beti Padhao”, as said by Mr. Narendra Damodar Das Modi. I have lived in Australia for almost 6 years, representing India on an International Level, it’s feel great to present MY COUNTRY at internationally. Where I know as “INDIA” ( A Proud Feeling ).

    To speak frankly, I am writing to you because I need your help and opinions. It would be so kind please take the time to read this, as it contains pertinent information relating not just to my safety, but also the safety of Jharkhand, and, therefore, the safety of India itself.

    I currently harbor well-founded fears relating to the prospect of personally returning to India. You see, I have been threatened by members of a Criminal Syndicate in Jharkhand; members of this Syndicate have mentioned, either in-person, by phone-call, by SMS, or via WhatsApp Messages that, If I was to return to India, one or more of the following things would befall me:
    They will raise suspicion of me through their contacts with corrupt, local and central Police to try to connect me with Terrorist Activities.
    They will file False Cases on my name.
    They will conspire to Cancel my Documents as soon as I land in India.
    They will Attack me as a group of many (Lathi).
    They will Kidnap me, then keep me as a Hostage in a small cell and Torture me.
    They will Murder me, my Family and Friends, as well as Girls and Women that the Syndicate Trafficks and Exploits (Modern-Day Slavery).
    I first came onto the Syndicate's "radar" in late 2014 , when I rescued 2 Women; one named XXXX (Victim) , and one whose name (Victim) I do not know, from a life of forced prostitution, rape, abortions and general Exploitation. You see, one of the Syndicate's main Criminal Activities is Human Trafficking and Exploitation of Girls and Women (Modern-Day Slavery). XXX was one of the Syndicate's "girls", and, once my friend, Ravi, and I rescued VICTIMS, we both drew the ire of the Syndicate, and they have been terrorizing me, my family, and my friends ever since.

    Sadly, Ravi was found dead in 2019, just as he and I were "taking the next step", in terms of bringing members of the Syndicate to Justice; furthermore, we were both being monitored by the Syndicate since February2018, the last time that I traveled to India from Australia.

    Unfortunately, thus far, I have been unable to secure any help, in terms of reducing the risk to my life and liberty on my potential return to India, even after contacting Jharkhand and other State Offices for many years; this is worrying, as I experienced serious threats while visiting India over the duration of the past 6 years.

    If you could, with your Media Platform, bring the Criminal Activities of this Syndicate "into the light", by raising awareness of their Criminal Activities at a Local, State and/or National level, I may have a greater chance of returning to India without something unthinkable happening to me. Please continue reading this email for further information and context.

    Speaking generally, something that is often under-reported or unreported altogether in the Media, is that Criminal Syndicates whose Criminal Activities include Human Trafficking and Exploitation of Girls and Women (Modern-Day Slavery), such as the Criminal Syndicate that is currently terrorizing me, operate by incorporating various resources from third-party organisations who work closely with members of State Government offices, namely to access sensitive data and information through various State Government Information Communication Technology (ICT) infrastructure, for the purposes of monitoring and tracking past and potential victims (vulnerable Women and Girls), as well as anyone who becomes aware of a Syndicate's Criminal Operations and/or anyone who speaks out against their Criminal Operations.

    Speaking personally, the Syndicate compromised my Identity by hacking my Electronic Gmail Account in May 2020, following my friend, Ravi, reporting details of the Syndicate to the concerning State Government Departments in Jharkhand and West Bengal in 2018; this indicates to me that there is a possible connection between the Syndicate and Jharkhand and West Bengal State Government Departments.

    Being part of a prominent Media organisation, I am sure you will have knowledge of "Breaking Houses", in the context of how they are used in the crimes of Human Trafficking and Exploitation of Women and Girls (Modern-Day Slavery). As a prominent Media organization, I ask that you honour your Duty of Care to try to ensure, to the best of your individual and organizational abilities, that the existing "Breaking Houses" that are known to Police be shut down immediately. I have been trying to get these "Breaking Houses" shut down for many years, to no avail.

    Furthermore, I wholeheartedly request that you help me to save my family, my friends, and myself from harm. I don't know where else to turn, as I have great fear in my heart which brings me stress thinking about how to get help in this situation, as I am only willing to land "safely" in my home country of India, and that is what I want to do.

    I will provide you with further clarification and evidence relating to the Syndicate when I receive a response. If you would be so kind, could you please respond at your earliest possible convenience.

    🙏 Namaste

  • Hi Nilesh, I am 24 from Venezuela, South America. My country is in a deep political and social-economic problem. My family (parents and other relatives) are there. I have studied in Australia for over 5 years.
    - Cert III & IV in English
    - Cert IV & Diploma in Business
    - Cert III Carpentry and Cert IV Building and Construction
    - Currently enrolled in Diploma of Building & Construction

    If I present valid information of as to why I cannot come back, am I still eligible to apply? I have been in Melbourne for 5 years and came to Australia to learn English and have a life but now would like to stay. Please, looking forward to reading you. Thank you

  • Hello, my visa is 790 we been living in Adelaide for almost 8 years. What’s the best advice you can give us moving forward? Is it best to apply for skilled visa ?

  • Hi nilesh nandan my name Ilham I’m from Malaysia . Kindly to ask about my visa bridging A subclass 010, it been 5 year without any answer.. can u give some advice?

  • 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

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