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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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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
The persistent conflict and political instability in Afghanistan have created a perilous environment, particularly for those who challenge or oppose the ruling factions. The situation is further exacerbated by issues like gender-based violence and ethnic discrimination, making it a precarious place for many of its citizens.
2. Egypt
Egypt's complex political landscape poses significant risks for individuals holding dissenting political views, certain religious beliefs, and members of the LGBTI community. The government's tight control over freedom of expression and assembly has led to a climate where opposing voices are often silenced or persecuted.
3. Ethiopia
In Ethiopia, longstanding ethnic tensions and political disagreements have led to unsafe conditions for specific ethnic groups. These tensions often result in conflict and displacement, forcing many to flee their homes in search of safety.
4. Indonesia
Indonesia faces widespread discrimination against religious minorities, LGBTI individuals, and indigenous groups, especially in regions like Papua. The government's inability or unwillingness to effectively protect these groups leads to a climate of fear and uncertainty.
5. Iran
Iran's regime enforces stringent policies that severely limit the rights of individuals, particularly those expressing their sexual orientation or holding religious beliefs that diverge from state-sanctioned norms. The state's control over personal freedoms has led to widespread human rights violations.
6. Malaysia
In Malaysia, ethnic minorities and LGBTI individuals face significant societal and governmental challenges. Discriminatory laws and practices, coupled with a lack of protection for these groups, contribute to a hostile environment.
7. Myanmar
Myanmar's military regime has been especially oppressive towards ethnic minorities like the Rohingya, as well as political activists and journalists. Systematic campaigns of violence and displacement have resulted in severe human rights crises.
8. Papua New Guinea
Indigenous communities and minorities in Papua New Guinea often struggle with challenges, particularly in regions experiencing civil unrest and disputes over resources. These communities frequently face marginalisation and a lack of access to basic services.
9. Pakistan
Pakistan grapples with a multitude of issues, including religious intolerance, gender-based violence, and political conflict. These factors create an environment where many feel unsafe and compelled to seek refuge elsewhere.
10. Türkiye
The rise in authoritarianism in Türkiye has led to increased difficulties for ethnic minorities, political dissenters, journalists, and human rights advocates. The government’s crackdown on dissent and freedom of expression has led to widespread concerns about basic human rights.
11. Venezuela
Venezuela's current political climate is increasingly hostile, particularly towards members of the political opposition, journalists, and activists. The ongoing economic and political crisis has resulted in a decline in public services and a rise in violence, contributing to a mass exodus of its population.
12. Yemen
Yemen's ongoing conflict has led to a dire humanitarian crisis, affecting individuals based on their political affiliations, religious sects, and ethnic identities. The war has resulted in widespread displacement, food insecurity, and a collapse of basic services.
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
Our process begins with a personal consultation. This initial meeting is critical to understand your unique situation, allowing us to provide tailored advice and build a strong foundation for your application.
2. Preparation and support
Our dedicated team works closely with you to compile a comprehensive application. This includes gathering all necessary documentation, which often comprises personal identification, evidence of your situation in your home country, and any relevant legal paperwork. Our focus is on ensuring that your application is as strong and complete as possible to maximize the chances of a successful outcome.
3. Submission and communication
Once your application is ready, we take care of the submission process. We maintain open lines of communication throughout, keeping you informed of any updates or requests for additional information. This step is crucial in ensuring that your application progresses smoothly through the immigration system.
4. Ongoing Representation
Our commitment to you extends beyond the submission of your application. We continue to advocate on your behalf, ready to respond to any queries from immigration authorities or to challenge any unfavourable decisions. Our goal is to stand by you until a decision is reached, and beyond if necessary.
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.
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Learn moreAbout the content author
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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