Your Guide To Protection Visa In Australia – 20 Frequently Asked Questions (FAQs)
Navigating the complexities of the Protection Visa in Australia application process can feel daunting, especially when you’re facing the uncertainty of safety and security.
At Emigrate Lawyers, we understand the fear and challenges that come with seeking asylum or protection in Australia.
Our team is here to provide expert legal assistance and guide you through every step of the process.
Below, we’ve compiled 20 frequently asked questions about Protection Visa in Australia to help you better understand the Visa requirements, the application process, and how we can support you in securing a safe future in Australia.
Let us help ease your concerns and work towards your protection and peace of mind.
1. What is a Protection Visa?
A Protection Visa allows individuals who fear persecution or harm in their home country to remain in Australia. It provides legal protection under Australian immigration law
2. Who is eligible to apply for the 866 Visa?
Eligibility requires proving that you meet the definition of a refugee or are eligible for complementary protection under Australian law.
3. What is the difference between Subclass 785 and Subclass 866 visas?
Subclass 785 is a Temporary Protection Visa granted to those who entered Australia unlawfully.
Subclass 866 is a permanent Protection Visa for individuals already in Australia who meet refugee criteria.
4. Can I apply for a Protection Visa while in Australia?
Yes, you can apply while in Australia, but you must meet specific eligibility criteria and apply within the legal timeframe.
5. What evidence do I need?
You need to provide proof of your identity, evidence of your fear of harm or persecution, and relevant documents that support your claim, including any country-specific evidence.
6. How long does it take to process a Protection Visa application?
Processing times vary, often taking several months or more than a year, depending on the complexity of your case and the evidence provided.
7. What can I do if my Protection Visa application is rejected?
If your application is denied, you have the right to appeal the decision to the Administrative Review Tribunal (ART) or, in some cases, the Federal Court.
8. Can I Appeal if my Protection Visa is Refused?
Yes, you can appeal the decision. The ART will review your case, and if new evidence or compelling arguments are presented, it may reverse the decision.
9. Is there an application fee when I lodge my Protection Visa?
Yes, there is a fee, however, some applicants may be eligible for a fee waiver if they are experiencing financial hardship.
10. Am I able to work or study while waiting for my Protection Visa?
Yes, if you hold a Bridging Visa, you may be granted permission to work and study while waiting for a decision on your 866 visa.
11. How does the Australian government decide if I qualify for a Protection Visa?
The government assesses your claim under the Refugee Convention, considering evidence of persecution or harm in your country of origin and other relevant legal criteria.
12. Can I involve the family in my Protection Visa Application?
Yes, your immediate family members can be included, provided they are financially dependent on you and are living with you in Australia.
13. What Rights do Protection Visa holders have in Australia?
Holders of an 866 Visa can live, work, and study in Australia. They are also eligible for Medicare and social services and may eventually apply for permanent residency.
14. What are the conditions of holding a Protection Visa?
Conditions can include reporting obligations to the Department of Home Affairs, restrictions on international travel, and residence requirements.
15. Can I travel outside Australia on a Protection Visa?
While you can travel, you need to apply for a Return Resident Visa to be able to re-enter Australia after your trip.
16. How can an immigration lawyer assist me with my Protection Visa application?
A migration lawyer will assist you in preparing a complete and accurate application, ensuring that you meet all legal requirements and improving your chances of approval.
17. What are the main reasons for Protection Visa Refusals?
Common reasons include lack of credible evidence, failure to meet the eligibility criteria, or issues with the applicant’s credibility during the interview process.
18. How do I prove that I am a refugee or in need of Protection?
You need to submit a detailed personal statement and supporting documents, such as country reports, witness statements, or police reports that demonstrate the risk you face in your home country.
19. Can I apply for a Protection Visa if I arrive in Australia by boat?
Yes, you may be eligible for a Temporary Protection Visa (Subclass 785) or a Safe Haven Enterprise Visa (Subclass 790) depending on your specific circumstances.
20. What is complementary Protection, and how does it apply to my case?
Complementary protection is granted to individuals who may not meet the Refugee Convention’s criteria but face a real risk of significant harm, such as torture or inhumane treatment if they return to their country.
Are You Seeking Safety ? – Lodge Your Protection Visa Now With Emigrate Lawyers
At Emigrate Lawyers, we specialize in guiding individuals through the Protection Visa process, ensuring your application is comprehensive and compelling.
Whether you’re seeking asylum or protection, we are here to support you every step of the way.
Our expertise extends to both Temporary Protection Visas and Protection Visas, helping you navigate the complexities of the Australian immigration system with confidence.
Book a Consultation with Our Protection Visa Expert Today!
Let us simplify the process and enhance your chances of success. Reach out now and take the next step towards securing your future and safety in Australia!
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For personalized assistance, consult with a qualified migration lawyer at Emigrate Lawyers.
