Protection Visas

High Success Rates – Fast Approvals

IF YOU ARE IN DANGER:

Apply For a Protection Visa

We understand the importance and urgency of fleeing a dangerous environment or country. Contact our Migration Lawyers to get help today.

 

Click on the Protection Visa you need below to read more, or simply book a consultation and our Migration Lawyers can help you.

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We Understand Protection Visas

There are many eligibility requirements to meet when applying for a Protection Visa. The Department of Home Affairs will need to assess your evidence and be satisfied that:

 

  • You are in real danger or harm in your home country
  • There are no other valid Visas for you to obtain
  • You meet the criteria of being a refugee
  • You are unable or unwilling to return to your country due to fear of persecution
  • You satisfy the conditions set out in the Migration Act 1958 (Cth)
1. subclass 866

Protection Visa

About this Visa

This visa is for people who arrived in Australia on a valid visa and want to seek asylum. It lets you stay in Australia permanently, if you engage Australia’s protection obligations and meet all other requirements for the grant of the visa.

Permanently.

AUD40.

According to the Department, processing times for this Visa will vary.

There are various eligibility requirements for this Visa, but in general, you must:

 

  • engage Australia’s protection obligations (or be a member of the same family unit of someone who does)
  • have arrived legally in Australia on a valid visa
  • meet all other visa requirements including health, character and security

Click here to book a consultation for this Visa.

2. Subclass 790

Safe Haven Enterprise Visa

About this Visa

This visa is for people who arrived in Australia without a visa, and want to seek asylum. It lets you stay in Australia temporarily if you engage Australia’s protection obligations and meet all other requirements for the grant of the visa.

5 years.

AUD40.

According to the Department, processing times for this Visa will vary.

  • stay in Australia temporarily for 5 years
  • work and study
  • access government services such as Centrelink

There are various eligibility requirements for this Visa, but in general, you must:

 

  • engage Australia’s protection obligations (or be a member of the same family unit of someone who does)
  • meet all other visa requirements, such as health, character, identity and security
  • sign a declaration on the application form that you intend to work or study in regional Australia

Click here to book a consultation for this Visa.

3. ARE YOU ELIGIBLE?

Meaning of "Well-Founded Fear of Persecution"

As defined by Section 5J of the Migration Act 1958

(1) With regard to the Act and regulations, a person has a well-founded fear of persecution if:

(a)  the person fears being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion; and

(b)  there is a real chance that, if the person returned to the receiving country, the person would be persecuted for one or more of the reasons mentioned in paragraph (a); and

(c)  the real chance of persecution relates to all areas of a receiving country.

 

(4) If a person fears persecution for one or more of the reasons mentioned in paragraph (1)(a):

(a)  that reason must be the essential and significant reason, or those reasons must be the essential and significant reasons, for the persecution; and

(b)  the persecution must involve serious harm to the person; and

(c)  the persecution must involve systematic and discriminatory conduct.

 

A person does not have a well-founded risk of persecution if the person could take reasonable steps to modify his or her behaviour so as to avoid a real chance of persecution in a receiving country – there are many exceptions to this rule, such as your religious beliefs, political beliefs, fundemental characteristics (such as sexuality), and more. Contact our Migration Lawyers to assess your eligibility.

What Are The Valid Persecutions?

As defined by Section 5J(1)(a) of the Migration Act 1958

There are 5 valid persecutions a person must face in order to be eligible for these Visas. You will need to strongly satisfy at least one of the valid persecutions listed below, and the reason must be of genuine or serious harm to you.

 

  1. Race
  2. Religion
  3. Nationality
  4. Membership of a Particular Social Group
  5. Political Opinion

 

There are a number of other rules and exceptions that are defined by the Migration Act 1958. To get a full assessment of your situation, contact our Migration Lawyers who know the law extensively and can give you the advice you need on your Protection Visa.

5/5

Recent Success Stories

Cansu Catak
Onshore Partner Visa
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My father used Migration Lawyers Melbourne to obtain a visa for his wife who lives overseas. They were very helpful in obtaining accurate and fast information regarding the visa. As a family we would highly recommend Migration Lawyers Melbourne.
Basil Jnoub
Fiance Visa
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After along awaited application that got delayed an extra year by Covid, Guner from GSL came through with a huge case to get my application processed and finalised. Gratefully, today we received the approval and could not be more happier.
Ufuk Kubilayhan
Onshore Partner Visa
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Great Professional service, always a warm friendly caring manner. Goes that extra mile we are very happy, and have taken on the law firm as our family lawyer. Thank you so much its hard to find good quality service these days.
Ibrahim Karagoz
Temporary Activity Visa
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Migration Lawyers Melbourne have always been very helpful. They provide a professional and friendly service for visa applications.
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You Get Your Protection Visa, Fast!

Our Migration Lawyers Can Help You Get Your Protection Visa, Fast!

If you are looking for a Protection Visa, our Migration Lawyers in Melbourne have all the experience and knowledge you need to create a successful Partner Visa application.

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