Protection visas
If you arrived in Australia illegally, you may be able to apply for:
1) Temporary Protection Visa (TPV) (subclass 785)
or
2) Safe Haven Enterprise Visa (SHEV) (subclass 790)
Temporary Protection visas
If you have already applied for a TPV or a SHEV, you need to wait for the outcome of that application.
If you currently hold a Temporary Protection visa or a Safe Haven Enterprise visa you must apply for a subsequent TPV or SHEV before your current visa ceases.
If you arrived in Australia legally with a visa, you can apply for a Protection visa (subclass 866).
Permanent protection visas
To be a refugee in Australia you must meet the Migration Act 1958 (the Act) criteria.
A refugee in Australia is a person who:
1) Is outside their home country
and
2) Owing to a 'well-founded fear of persecution' is unable/unwilling to return to their home country
Reviewing provided materials, giving advice, lodging documents + application for a Protection Visa, representation at interview, correspondence with the Department of Home Affairs (DOHA).
$3,200 incl GST
Important to note
Are you a refugee?
1) race
2) religion
3) nationality
4) membership of a particular social group, or
5) political opinion
To have a well-founded fear of persecution, a person must fear serious harm because of their:
A person is not a refugee unless they have a well-founded fear of persecution and there is a real chance of it taking place if they were to return. Real chance means that the fear of persecution is not remote or “far-fetched”. It can be determined by past events.
A person who leaves their home country for reasons of war, famine or because they are seeking better economic opportunities might not be a refugee according to the definition in the Act. They must have a well-founded fear of persecution for one of the above reasons to be a refugee and must meet other requirements.
Our Migration Lawyers will draft and lodge legal submissions why you meet the visa criteria and why your visa should be granted. We will be by your side throughout the entire process.