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The Protection Visa is a permanent residency visa that allows visa holders to:
The Protection Visa is a permanent residency visa that allows visa holders to:
To be granted a Protection Visa, you must be found to engage Australia’s protection obligations, by virtue of fact that you either:
Under the Section 5H of the Migration Act 1958, a person is a refugee if they are:
“outside the country of his or her nationality and, owing to a well-founded fear of persecution, are unable or unwilling to avail himself or herself of the protection of that country.”
In order to be recognised as a person owed complementary protection by Australia, you must prove that as a necessary and foreseeable consequence of your removal from Australia, you would face a real risk of one or more of the following forms of significant harm:
Arbitrary deprivation of life
The death penalty
Torture
Cruel or inhuman treatment or punishment
Degrading treatment or punishment
There are other legal criteria you must satisfy to meet the definition of a refugee or to be owed complementary protection which we can inform you of once you have made contact with our firm.
A Protection Visa in Australia is a type of permanent residency visa that allows you to live and work legally in the country with full access to Medicare and Centrelink benefits. This type of visa is most often granted to refugees from other countries who are found to engage in Australia’s protection obligations. This visa type can be a pathway to applying for Australian citizenship. Holders of a permanent protection visa will have the opportunity to sponsor eligible relatives for permanent residence.
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If you meet the definition of the refugee as defined in the Migration Act 1958 or fit the legal criteria under Australia’s complementary protection scheme in the Migration Act 1958, you will be able to apply for an 866 visa. As this can often be a complex visa application, it is best to engage the services and advice of expert protection visa lawyers to ensure the application has the best chance of approval.
In addition to the standard application form and identification documents that you would require for any visa application, applying for a Protection Visa in Australia will also require the following documents:
Often, the processing time for a Protection Visa in Australia can vary depending on the complexity of the case. The Australian Department of Home Affairs understands the relevant urgency for Protection Visas to be granted and significantly improved the processing times for these particular visa types in recent years. The average processing, review and approval time for an 866 Visa in Australia is currently approximately 145 days.
As you can see, there are a lot of legal requirements to be granted a Protection Visa. Our experienced protection visa lawyers have handled many successful applications for people from across the globe who came to Australia to seek refuge. We will ensure your application for a Protection Visa is given the best prospects of success possible in the circumstances.
We offer all prospective clients an initial meeting, during which we will thoroughly explain the law surrounding Protection Visas to you and get the full details of your case for protection. We will then advise you whether you have a good case to present to the Department of Immigration and Border Protection. If you do not have a reasonable case to present, we will be honest with you and advise you of as much, as having a failed permanent residency visa application on your immigration record can have adverse consequences for you in the future.
Keep up to date on Australia’s visa laws with The Immi Lawyer or contact us today to arrange an initial meeting to discuss your eligibility for a Protection Visa in Australia. Our expert protection visa lawyers are here to help you find sanctuary in Australia as quickly and efficiently as possible.
A Protection Visa (subclass 866 visa) grants successful applicants permanent residency in the country; holders of this visa type are legally allowed to work and study in Australia.
We offer all our prospective clients an initial meeting, during which we will thoroughly explain the law surrounding citizenship to you and inform you of the process moving forward.
To organise an initial consultation with us, please contact one of our experienced immigration lawyers on (02) 9590 3987.
If you would like to proceed with our firm or require further information, simply complete our enquiry form below or email or phone us.
Send your message through our Enquiry Form and we’ll respond within 24 hours. Or, if you prefer, you can email or directly call us.
After an initial discussion, we can organise a confidential consultation with our legal experts to discuss all of your immigration needs.
We can come to you, you can come to us, or we can have a video or phone conference – whatever works best for your situation.
The Immigration Lawyers practice solely in the field of Australian immigration law. Contact us for local expertise and give your visa application the best chances of success.
