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Protection visas - apply onshore

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Australian Migration Lawyers is made up of a team of qualified lawyers, who have many decades of combined experience. We handle the most complex Protection visa matters. Reach out to our friendly team who are here to help you.

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The Australian Migration Lawyers difference

Understanding protection visas

At Australian Migration Lawyers, we focus on supporting individuals who are in dire need of refuge in Australia. Our assistance extends to those applying for the Australian protection visa (subclass 866), a critical lifeline for people within Australia's borders who are confronting the harsh reality of returning to their native lands. This visa is available in circumstances where individuals face imminent threats in their home countries, such as political unrest, religious persecution, ethnic conflicts, or other severe forms of discrimination that jeopardise their safety and well-being.

Eligibility for Protection Visas

Eligibility for the Protection Visa is determined by a set of criteria, each designed to ensure that applicants are genuinely in need of asylum:

  • Valid Visa Requirement: Entry into Australia on a valid visa is a fundamental prerequisite. This condition guarantees that those seeking asylum have adhered to legal entry protocols, ensuring a legitimate path to safety.
  • Refugee or Complementary Protection Criteria: Applicants are required either to be recognised as refugees under international conventions or to meet the complementary protection criteria set by Australian immigration laws. This typically involves demonstrating a substantial threat of human rights abuses in their country of origin.
  • Health and Character Standards: It is imperative for applicants to meet the health and character standards established by Australian immigration authorities. These criteria are in place to maintain the safety and integrity of the Australian community.
  • In-Country Application Requirement: Applicants must be physically present in Australia at the time of their application.

Our commitment at Australian Migration Lawyers is to provide comprehensive assistance and guidance through this intricate and often overwhelming process. We aim to help our clients navigate the complexities of the asylum application process, offering support and advice tailored to each individual’s unique circumstances and needs.

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Countries of concern and challenges faced

In our role at Australian Migration Lawyers, we have developed a deep understanding of the diverse and complex conditions in various countries that compel individuals to seek asylum. The following is an overview of countries in which there are particular risks of human rights violations and persecution:

1. Afghanistan

2. Egypt

3. Ethiopia

4. Indonesia

5. Iran

6. Malaysia

7. Myanmar

8. Papua New Guinea

9. Pakistan

10. Türkiye

11. Venezuela

12. Yemen

Navigating the application process for a protection visa

Navigating the application process for a Protection Visa is a journey that requires meticulous attention to detail and a deep understanding of immigration law. At Australian Migration Lawyers, we are committed to guiding our clients through every phase of this process:

1. Consultation and engagement

2. Preparation and support

3. Submission and communication

4. Ongoing Representation

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Benefits of holding a protection visa

Being granted a protection visa comes with several significant benefits:

  • Permanent Residency: This visa allows you to live, work, and study in Australia on a permanent basis, providing a stable and secure future.
  • Healthcare and Social Services: Eligibility for public healthcare through Medicare and social security services via Centrelink ensures that you have access to essential services.
  • Family Sponsorship: The opportunity to sponsor eligible family members for Australian visas is a profound benefit, allowing families to reunite and build a life together in Australia.
  • Travel Benefits: The freedom to travel to and from Australia for five years gives visa holders the flexibility and liberty to maintain global connections.
  • Path to Citizenship: Eligibility for Australian citizenship, subject to specific conditions, opens the door to fully integrating into the Australian community.

Cost and processing time considerations

The application fee for the Protection Visa is a nominal AUD $40. Given that each application is assessed on an individual basis, processing times can vary. We strive to expedite the process by ensuring the efficient submission of all necessary documents and by responding promptly to any requests for additional information.

If you choose to work with AML, our fees will vary depending on the circumstances of your application. Some applications will be more complex than others and our fees will be quoted accordingly. We work on a fixed-fee basis rather than billing hourly to provide our clients with certainty about what the total costs associated with their partner visa application will be. We strive to be flexible, so we offer payment plans based on financial need. 

To get started, book a free consultation with one of our qualified lawyers to get a quote.

Benefits of using an immigration lawyer

The journey towards obtaining a Protection Visa involves navigating often intricate immigration law. For many people, this journey can seem daunting, filled with complex legal terms, rigorous documentation requirements, and strict compliance with immigration policies. Given these challenges, engaging an immigration lawyer becomes not just helpful, but essential in many cases. An immigration lawyer brings a depth of legal and practical experience to the table, transforming what can be an overwhelming process into a more manageable and less stressful experience. Their involvement can significantly enhance the efficiency and effectiveness of your Protection Visa application, providing critical support every step of the way.

  • In-depth Legal Knowledge: Immigration lawyers have extensive knowledge of immigration laws and policies, crucial for navigating the complex requirements of a Protection Visa.
  • Tailored Advice: Each applicant's situation is unique. Lawyers provide personalised guidance based on your specific circumstances, increasing the effectiveness of your application.
  • Document Preparation: Lawyers assist in gathering and organising essential documentation, helping to ensure your application is complete and accurate.
  • Communication and Representation: They handle all communications with immigration authorities, effectively representing your interests and concerns throughout the process.
  • Handling Complexities: Immigration lawyers are adept at dealing with challenges and setbacks, offering solutions and alternative strategies as needed.
  • Support and Peace of Mind: Having a professional manage your application alleviates stress, providing reassurance and confidence during the application process.

Inclusion of family members

An important aspect of the Protection Visa is the option to include family members in your application. This can be done either at the initial stage of applying or at any point before a decision is made. This flexibility is key to ensuring that families can stay together and also enjoy the protection and opportunities afforded by life in Australia.

Frequently asked questions

Read our most commonly asked questions about protection visas:

What is a Protection Visa (Subclass 866)?

The Protection Visa (Subclass 866) is designed for individuals who are already in Australia and face significant risks if they return to their home countries. These risks could be due to factors like political unrest, religious persecution, or ethnic conflicts. The visa offers a pathway to legally reside, work, and study in Australia.

Who is eligible for a Protection Visa?

Eligibility for a Protection Visa includes having arrived in Australia on a valid visa, being recognised as a refugee or meeting complementary protection criteria, complying with health and character requirements, and being physically present in Australia during the application process.

Can I include my family in the Protection Visa application?

Yes, applicants have the option to include family members in their Protection Visa application, either at the time of application or any time before a decision is made on their case.

What is the cost of applying for a Protection Visa, and how long does it take?

The application fee for a Protection Visa is AUD $40. Processing times can vary since each application is evaluated on an individual basis. Timely submission of required documents and prompt responses to any requests can help expedite the process.

What kind of support does Australian Migration Lawyers provide during the application process?

We offer comprehensive support including personal consultations, assistance in preparing your application, managing the submission process, and ongoing representation and communication throughout your application's assessment.

What happens if my Protection Visa application is denied?

In the event of a denial, our team is prepared to review the decision and, if necessary, challenge any unfavourable outcomes. We can provide continued representation and advice on possible next steps, including re-application or appeal.

How can I prove my eligibility for a Protection Visa?

Proving eligibility involves providing comprehensive documentation, which may include proof of identity, evidence of the risks faced in your home country, and any relevant legal paperwork. We guide our clients on the specific documents needed for their individual cases.

Are there specific countries that are more likely to be eligible for a Protection Visa?

Eligibility for a Protection Visa is not limited to specific countries. It is based on the individual applicant's situation and the level of risk they face in their home country, regardless of its geographical location.

Meet your Australian Migration Lawyer

We’re a diverse team of professionals with decades of combined experience. We care about your situation and will make sure you always get the support and advice you need.

Locations

We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.

About the content author

Perry Q Wood
Partner - Principal Migration Lawyer

Perry Q Wood is National President of the Australian Institute of Administrative Law and one of Australia’s leading administrative and migration lawyers. To date, he has been involved in 1,000+ migration and refugee matters.

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