Protection Visa (Subclass 866) for Myanmar Nationals
In the wake of the military coup on 01 February 2021 and ongoing political unrest in Myanmar, the Australian Government since November 2022 has had protection visas from Myanmar nationals will be prioritised. This offers a critical opportunity for those currently residing in Australia on a valid visa to seek permanent refuge in the country.
POLITICAL OPINION (ACTUAL OR IMPUTED)
Since the coup in Myanmar, the military regime has aggressively used criminal charges to stifle dissent and justify mass arrests. The most commonly invoked law is Section 505 of the Criminal Code, which criminalises expressions intended to incite mutiny or ‘cause fear.’ Additionally, Sections 121, 122, and 124, dealing with ‘High Treason,’ have been used to target political opponents.
The regime has also suspended key sections of the Law Protecting the Privacy and Security of Citizens (2017), stripping away fundamental rights, including protection from arbitrary detention and warrantless surveillance, searches, and seizures. Amendments to Sections 124 and 505 of the Criminal Code have introduced vaguely defined offenses like ‘causing fear’ or ‘spreading false news,’ now punishable by up to 20 years in prison. The amended Code of Criminal Procedure has made these offenses non-bailable and subject to warrantless arrest.
According to the Assistance Association for Political Prisoners (AAPP), over 11,000 people have been detained under these and similar laws since the coup, with some facing death sentences. In July 2022, the military regime began executing those sentenced to death.
The military regime in Myanmar has unleashed widespread human rights abuses, targeting everyone from senior political leaders to everyday citizens participating in peaceful protests. Arbitrary detention, torture, sexual violence, and enforced disappearances are rampant, affecting people of all ages. Medical professionals, educators, and anyone involved in anti-regime activities, including the Civil Disobedience Movement, face the risk of arrest or even death.
The regime’s crackdown extends to those merely suspected of supporting the political opposition. Possessing a photo of Aung San Suu Kyi, using apps like Facebook, or owning a Virtual Private Network (VPN) can lead to severe consequences, including detention. Even something as innocuous as dented pots and pans, a symbol of protest, can draw unwanted attention from authorities.
Random police searches of homes and vehicles are increasingly common, particularly in Yangon, causing fear and uncertainty among citizens.
Crackdown by the Myanmar Military
In Myanmar, the military regime has intensified its crackdown on dissent by conducting random checks of individuals’ mobile phones for anti-regime content. This invasive practice has forced many to carry a second, ‘politically clean’ phone as a precautionary measure. The threshold for falling under official suspicion is alarmingly low, with authorities making little distinction between active opposition to the regime and mere expressions of dissatisfaction or support for the opposition.
These arbitrary actions put everyone at risk, regardless of their level of involvement in anti-regime activities.
What Does This Mean for You?
If you are a Myanmar (Burma) national visiting, studying, or working in Australia, this could be your pathway to permanent residency. Given the severe human rights violations, including arbitrary detentions, torture, and enforced disappearances faced by those opposing the military regime, your chance to succeed in securing a protection visa is now stronger than ever.
Why Choose Emigrate Lawyers?
Navigating the complex process of applying for a protection visa can be daunting, especially considering the high refusal rates. At Emigrate Lawyers, we specialize in protection visas and have an exceptional track record of success, with 98.9% of our cases being approved. We understand the unique challenges faced by Myanmar nationals, and our team is dedicated to providing compassionate, expert legal assistance to help you secure a safe and stable future in Australia.
Common Challenges in Protection Visa Applications
Many Myanmar nationals face challenges such as language barriers, lack of resources, or insufficient evidence to support their claims. These issues can lead to ambiguities or contradictions in applications, which may result in refusal. Additionally, the mandatory interview with the Department of Home Affairs is a critical step where miscommunication or irrelevant responses can jeopardize your application.
How Emigrate Lawyers Can Help?
At Emigrate Lawyers, we offer comprehensive support to ensure your protection visa application is as strong as possible. We assist with:
- Drafting clear, compelling claims that accurately reflect your situation.
- Gathering and presenting the necessary evidence to support your application.
- Preparing you thoroughly for the crucial visa interview.
Don’t Risk Your Future
Your safety, freedom, and future are on the line. With the political situation in Myanmar showing no signs of improvement, this could be a once-in-a-lifetime opportunity to secure your place in Australia, a country known for its high standard of living and robust protections for human rights.
If you are a genuine Myanmar (Burma) citizen currently in Australia, don’t leave your future to chance. Contact Emigrate Lawyers today to book a consultation. We will listen to your story, examine all possible avenues, and work tirelessly to help you stay in Australia.
