Protection Visa

Expert Guidance for Your Protection Visas

Welcome To Emigrate Lawyers: Your Path To Safety And Security

At Emigrate Lawyers, we understand the complexities and emotional challenges associated with seeking asylum in Australia. Our mission is to provide compassionate, expert legal support to individuals escaping persecution, ensuring a seamless journey towards a safer, more secure future. Specialising in Protection Visas (subclass 866), our dedicated team is here to guide you through every step of the process.

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What are Protection Visas?

Protection visas, as defined in section 35A of the Migration Act 1958 (Cth) (the Act), encompass both temporary and permanent visas, as well as classes of visas prescribed by the Migration Regulations 1994 (Cth) (the Regulations). These visas are granted to individuals who satisfy the Australian government that they meet specific criteria, ensuring that Australia has protection obligations towards them. This typically applies to individuals recognized as refugees or those facing a real risk of significant harm, often referred to as complementary protection.

Understanding the Common Criteria

The common criteria for all protection visa classes are set out in section 36 of the Act. These criteria are unique as they are prescribed within the Act itself, unlike most other visas where the criteria are defined by the Regulations. Key aspects include:

Refugee Status: Applicants must demonstrate that they are refugees, as defined by the Refugee Convention, meaning they are outside their home country and cannot return due to a well-founded fear of persecution in their home country based on race, religion, nationality, membership of a particular social group, or political opinion.
Complementary Protection: This applies when there are substantial grounds for believing that the applicant would face significant harm if returned to their country of origin. This includes risks such as torture, inhuman or degrading treatment, or punishment.

Types of Protection Visas

Permanent Protection Visas

Eligibility: Granted to individuals who meet the refugee or complementary protection criteria.
Benefits: Permanent residency, including work and study rights, access to social security benefits, and eligibility for family reunification.

Temporary Protection Visas

Eligibility: Designed for individuals who meet protection criteria but are only granted temporary stay.
Benefits: Limited duration stay with restricted access to certain social security benefits and services.

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PERMANENT PROTECTION VISA (SUBCLASS 866)

The Permanent Protection Visa (Subclass 866) is the most popular protection visa in Australia. It is granted to individuals who are already in Australia and are refugees or meet Australia’s complementary protection criteria. This visa provides permanent residency, allowing holders to live, work, and study in Australia indefinitely.

At Emigrate Lawyers, we are experts in Protection Visas, particularly the Subclass 866 Permanent Protection Visa. Our team has successfully assisted many clients in securing protection in Australia, ensuring they receive the best possible legal representation.

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Eligibility Criteria

Eligibility for protection visas depends on where, when, and how an individual arrived in Australia, and is assessed by the Department of Home Affairs based on the criteria outlined in the Act and the Regulations. Key factors include

Date of Application: The applicable legal definitions and criteria can vary depending on when the application was lodged.
Arrival Method: Different types of protection visas may apply based on whether the individual arrived legally or otherwise.

Application Process and Considerations

Applying for a protection visa involves demonstrating eligibility based on the outlined criteria. This includes providing evidence of persecution or significant harm and showing that effective protection is not available in the applicant’s home country.

Exclusions and Additional Considerations

Certain individuals may be excluded from receiving protection visas, even if they meet the basic criteria. Exclusions can apply to those considered a security risk, individuals convicted of serious crimes, or those who have committed acts contrary to the principles of the United Nations.

26,500 family and humanitarian visas for Afghans

The Australian Government has allocated 26,500 dedicated visa places for Afghans to migrate to Australia under the offshore Humanitarian Program through to 2026.

Alongside priorities for the Humanitarian Program, including split families and those with close ties to Australia, priority for these places will be given to people outside Afghanistan who are:

certified former Locally Engaged Employees (LEE) and their immediate family members (spouses and children under 18)
immediate family members (spouse, children under 18) of holders of Refugee and Humanitarian (Class XB) visas
refugees who have been referred by the United Nations High Commissioner for Refugees (UNHCR) to Australia for resettlement
women and girls, ethnic minorities, LGBTQI+ and other identified minority groups

Why Choose Emigrate Lawyers?

Comprehensive Legal Expertise

Our team of seasoned immigration lawyers possesses in-depth knowledge and extensive experience in handling protection visa (866 visa) applications. We stay updated with the latest legal developments to offer you the best possible advice and representation as the best Australian migration lawyers.

Personalised Support

We recognise that every client’s situation is unique especially when it comes to 866 visa. At Emigrate Lawyers, we take the time to understand your specific circumstances and tailor our subclass 866 services to meet your individual needs. Our goal is to provide you with the most effective legal strategies to ensure a successful outcome in record 866 visa processing time.

Fixed Fee Guarantee

We believe in transparent and predictable legal costs. Our fixed fee guarantee ensures that you know exactly what to expect when it comes to subclass 866 visa fees, with no hidden charges. This allows you to focus on your case without worrying about financial uncertainties.

100% Client Satisfaction

Your satisfaction is our top priority. We are committed to delivering exceptional service and achieving the best possible results for our clients. Our track record speaks for itself, with many successful protection visa (subclass 866) applications and satisfied clients.

If you have more questions or need help, we have a detailed FAQ’s page. They can guide you through common concerns, and if needed, legal advice is available to assist with your protection visa application process.