Employer-Linked Visas
COVID-19 and Visas

Protection Visas

How we are able to assist:

  • Advising on strategy in dealing with the Immigration Department or Minister for Immigration. People who have a compelling case for a protection visa may also satisfy the requirements for simpler and less stressful migration streams.
  • Revision of case and provision of legal advice on prospects
  • Assisting with the collection of evidence, including statements from witnesses and experts
  • Preparing the visa application
  • Preparing written legal submissions to the Immigration Department
  • Preparing the client for interviews with the Immigration Department
  • Continuous case management and communication with the Department of Immigration during processing
  • Assistance with Appeals to Tribunals, Courts and Minister for Immigration

Contact Us for assistance

Protection visas are available to people in Australia, whether lawfully or unlawfully, who seek the protection of the Australian government from persecution in their home country.

Eligibility requirements for the protection visa subclasses are based on the United Nations Convention relating to the Status of Refugees and its 1967 Protocol.

Under these international agreements, Australia is obliged to give protection to people who are in the Australian migration zone if they fit within the United Nations definition of a refugee - subject to Australia’s own immigration law requirements.

The United Nations definition of a refugee is a person, or an immediate family member of a person, who:

 owing to a well-founded fear of being persecuted for reasons of
  • race;
  • religion;
  • nationality;
  • membership of a particular social group; or
  • political opinion,

is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.

In addition to the Convention definition, Australian immigration law generally requires that the person:

  • Makes specific claims under the Convention
  • Has not passed through a country en route to Australia where Convention protection was available
  • Does not have a legal entitlement to enter and remain in a safe country (other than Australia or their home country)
  • Undergoes a medical examination and chest X-ray
  • Satisfies character requirements and is not a risk to national security or foreign relations

Invoking Australia’s protection obligations under international law is a serious and complex process. These are cases that need to be covered with care, attention to detail, and sensitivity.