The Requirements You Need To Meet Before You Can Apply For A Protection Visa

Posted on: 15 July 2020

Australia has a lot of different application forms for many different visas which can allow foreign visitors and migrants to apply to stay in the country long-term. One of these is known as a protection visa, and it is a very popular option because it allows the holder to remain in Australia permanently and even to bring family members in as well. However, before you apply for a protection visa, you should consider whether you meet the criteria and you should also meet with a professional immigration attorney. Here is a brief explanation of what the requirements are. 

You Need To Be A Refugee

To obtain a protection visa, you need to prove that you need protection, and the way the Australian government decides that is by only allocating these visas to refugees. Sounds simple, right? The problem is that in this case, a refugee is a political piece of terminology, not just a general statement that you might use in your day-to-day life. This means that it is not as easy as claiming you are a refugee; you need to prove that you meet the requirements, and that can be quite challenging for people who are in desperate situations with few resources.

Legal Definition Of A Refugee

The legal definition of a refugee is someone who has a "well-founded fear of persecution" if they were returned to their home, although this 'well-founded fear" has further criteria that apply to it. Basically, if you fear any sort of persecution due to your political leanings, ethnicity, religion or nationality, then you can apply for a protection visa. The next step is proving that this is the case, and that is often the hardest, and longest, part of the process.

Proving You Are A Refugee

To prove you meet the above criteria and are in serious danger if you returned to your home country, you need to get as much evidence as possible. To do this, you will need someone who is an expert in the area of law you are looking at, and that means you need an immigration attorney. They know exactly what documents and other pieces of evidence the government will be looking for, and they can also speed up the process significantly by ensuring you don't make any mistakes and that you follow the correct steps in order. To try and get a protection visa without an immigration attorney is extremely difficult and can take years longer than it should have to. Don't risk your freedom; get yourself proper help and put your best foot forward with an immigration attorney by your side.