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Protection Visa

Protection Visa at a Glance

Protection Visa

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One Doorway International offers professional guidance and support for Protection Visa application submissions. If you need refuge in Australia, our expert migration agents will take the stress and pain out of the application process and work hard to make sure your visa process is effective and an effortless experience.

Protection Visa (Subclass 866) is available to persons seeking asylum in Australia after facing a personal fear of persecution or harm in his country. To be granted a Protection Visa, a person must have a real fear of persecution because of their race or religion or nation or class of a particular social group or political opinion status (Subclass 866) could be issued to those persons so that they can reside and work in Australia permanently. It is even more important that we make sure you have fulfilled all the requirements necessary to be granted a Protection visa so that you may start on the road to establishing yourself in Australia without anxiety or fear.

Who is Eligible for a Protection Visa?
  • Persecution has to be proven - The applicant must ascertain the well founded fear of being subjected to persecution in the country of his origin. The basis for persecution fears involves race alongside religion and nationality and political views and membership in particular social groups.
  • Be in Australia - An applicant must be in Australia at the time they apply. Protection visa applicants are prohibited from submitting their applications outside Australian territory.
  • Comply with Australian Immigration Laws - An applicant must not have an immigration refusal or visa cancellation that was the result of a violation of the law. Applicants must fulfill health standards as well as character standards.

Visa Subclasses

Protection Visa (Subclass 866)

This is the main visa for those people already in Australia who are unable to return home because of a well-based fear of persecution.

Temporary Protection Visa (Subclass 785)

Allows the person to reside temporarily in Australia while their protection claims are assessed or waiting for the outcome of Protection Visa application.

Safe Haven Enterprise Visa (Subclass 790)

If found to have refugee status, this visa allows the person to stay in Australia temporarily, while living and working in regional Australia.

Interesting Facts

Work Rights During Processing:

Should a Protection Visa (Subclass 866) applicant be given permission to work in Australia while their application is being processed depends upon the circumstances you find yourself in.

Statelessness Factor:

The visa category is not limited to citizens of a particular country, as it assists stateless persons who will face persecution and/or harm if returned to any country.

Health & Character Checks to be Understood:

Even if you have a very good avenue for protection, both health and character criteria are more strictly adhered to. Failure on those areas can adversely impact successfully placed admission for a visa, even though there may be genuine ill-feelings of persecution.

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How We Help

  • Eligibility Assessment - We assess your unique circumstances to determine eligibility thresholds to apply for a Protection visa. Our experts will assist you by helping you understand if your circumstances fit into the persecutory aspects of Protection Jurisdiction, for example, on the basis of race, religion, nationality, for political opinion or social group membership.
  • Document Preparation & Submission - We help clients-by-gathering and preparing all of the needed documents, including personal statements with supporting evidence and legal documents needed for Protection visa application. Using our services will ensure that your operation is accurate and complete to lessen the chances of rejection or late processing.
  • Ongoing Support and Assistance - Throughout the whole process we offer continuous support and assistance to our clients. Our team members stand ready to help you overcome difficulties and answer immigration authority inquiries while giving advice about appealing decisions. We aim to deliver the highest possible processing success rate together with the most favorable outcome for your case.

Requirements

When you apply for the Protection Visa (Subclass 866), there are requirements that you must satisfy. Below is a figure of the main requirements:

  • In Australia – You must be in Australia for your Protection Visa application. These visas are for circumstances when you are unable to return to your home country due to a well-founded fear of persecution and/or harm.  As a result, it is necessary that you be in Australia to allow for protections to be provided.
  • Well-Founded Fear of Persecution – To qualify for protection you need to prove that your country of origin poses a genuine threat against you. The types of persecution which qualify for protection include various characteristics which include race, religion, nationality, political opinion, and membership of particular social groups. You need to present documentation that shows how your return to the homeland will expose you to danger.
  • Protection Claims Based on Grounds of Refugee Status – Your claim must fit within the Refugee definition under Australian immigration law and really shape your case. In order to prove any claim, you must state you cannot return to your home country due to risk of harm. This includes evidence of a prior history of harm and/or reasonable claim of future harm.
  • Identity Documents – You must provide valid documentation to prove your own identity (e.g. passport). If you are unable to provide official identification, you may be required to provide some other evidence to prove your identity.
  • No Criminal History –  The applicant cannot have criminal convictions that are too serious to allow them to be eligible for a visa under Australia’s character test.
  • Health and Character Assessments – The applicant will need to complete health assessments as well as a police clearance to ensure that they meet the health and character requirements for Australian immigration.
Client handing passport for verification at migration service providers in Kerala
How To Apply

The application process for protection visas includes 5 Essential Steps:

Check Eligibility

Your eligibility verification involves being present in Australia and demonstrating a reasonable perception of persecution because of your race, religion, nationality, political opinion or membership in a social group.

Prepare Documents

You should start collecting identification papers and proof material which supports your persecution claims.

Completing the Application

You need to complete the Protection Visa application and include the information that is requested.

Lodging the Application

You will need to lodge your application with truthful information and documents.

Wait for a Decision

If you are required to attend an interview, you will need to do so and wait for a decision to be made.

Person holding passport and boarding pass at migration service providers in Kerala

Protection Visa Application Process

The steps you take to apply for a Protection Visa are very important to individuals making claims for protection in Australia and fear persecution. The following description has broken down the process into key stages:

Key Stages:

  • Eligibility & Gather Documents – Check that you are eligible for a Protection Visa (Subclass 866), particularly if you fear persecution. Start gathering the documents to support your claim such as, forms of identification, written proof of persecution detail of any and all supporting documents that back your claim.
  • Complete Application – The Protection Visa application has to be completed accurately. You will also have to provide any supporting documents such as your identification details, detailed evidence of your claim, and health and character checks. Depending on if you are alone or have dependents. Submit your application via the correct mode.
  • Visa Decision – Once you submitted your application it is very serious about your claim and commenced action on determining your claim of a Protection Visa. You may be invited to be interviewed or provide further documentation. Once a determination has been made, you will receive a communication notification on the outcome. If you are granted a Protection Visa you will receive a Protection Visa to stay in Australia and maintain your status as a refugee.

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Frequently Asked Questions

Got Questions? We’ve Got Answers!

The person is eligible to receive Protection Visa if he/she has to be in Australia with the applicant fearing well-founded incidents of persecution due to his/her race, religion, nationality, political opinion or membership in the special social group and therefore the applicant cannot return back to this.

You will be required to submit identity documents, documents supporting your claim of persecution (such as your personal statement, affidavits, reports, etc.), and undergo health and character checks. Additional documents may include proof of your travel and immigration status in Australia.

Time for processing of a Protection Visa could differ according to the complexity of a case and the number of other applications being processed. Processing might take plenty of months, and applicants could be asked for updates or information relevant to the case in the meanwhile.

To a large extent, Protection visa applicants can apply for work rights while they wait for a decision on their protection visa application. If you are granted work rights, you will be able to work legally in Australia.

In the event your operation is refused you may be able to appeal the decision to the Migration Review Tribunal (MRT) or you may request a judicial review from the Federal Court. If your operation is refused you should seek professional legal help.
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