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Protection Visa

Protection Visa for Australia aims to provide shelter to those non-Australian who genuinely fear maltreatment, harassment, discrimination, or, any sort of persecution. There are basically three categories for Protection Visa:
  • Permanent Protection Visa (Sub-class 866)
  • Temporary Protection Visa (Sub-class 785)
  • Safe Heaven Enterprise visa (Sub-class 790)

Permanent Protection Visa

This visa allows applicant to live and work in Australia on permanent basis. The applicant and his/her family members (refer www.border.gov.au) must be legally arrived in Australia on have valid visas at the time of filling of their Protection Visa application. The applicant and his/her family members have to meet certain health, character and security requirements. In addition to this, they must be, either, meet:
  • condition to be called as refugee as defined by Migration Act 1958, or,
  • complementary protection criteria in the Migration Act 1958.

Temporary Protection Visa

The length of this visa is three years. It is granted to those applicants who arrived illegally (maritime) in Australia on bridging visa, and, want to stay in Australia for study or work purposes. The applicant has to undergo with certain health, character and security screening. The visa applications are assessed under Australian protection obligations.

Safe Heaven Enterprise Visa

Generally speaking, this visa is for those applicants who illegally (Maritime) arrived in Australia on a bridging visa or hold a Temporary Protection Visa. This visa allows applicant to stay in Australia for five years. An applicant can also work in Regional areas, study, or, apply for certain other visas like skilled or family subject to certain conditions. Refer www.border.gov.au for more updates.

All refugee visa applicants must meet the United Nation High Commissioner Refugees (UNHCR) definition of “refugee” as one of the main criteria for the visa.

THE UNHCR defines a refugee as being a person who

  • Is outside his/her country of nationality or former habitual residence
  • Has a well founded fear of persecution if returned to that country
  • Is unwilling or unable to avail him/herself of the protection of that country
  • And the fear of persecution is because of one or more of the following convention reasons:
    • Race
    • Religion
    • Nationality
    • Political Opinion
    • Membership of a particular social group ( e.g homosexual, disabled people etc)
If you are in Australia and your protection visa application is refused you can ask the Refugee Review Tribunal to reconsider your case. But it is important to bear in mind that strict time limit applies when it comes to appealing a decision to the Tribunal. If your situation falls into one of those above-mentioned categories.