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 its1967 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
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.
Bardo & Erci Lawyers have helped a large number of applicants to achieve their dream in getting Permanent Residence in Australia on the basis of their protection/refugee claims, we invest great time and effort in studying your case before we lodge with the Department of Immigration and Citizenship.
Please contact us to find out how we can help you with this type of visa.