This article will discuss other provisions about protection visas under sections 91V until 91X of the Migration Act 1958.
The Protection visa (subclass 866) allows refugees and other persecuted people to live and work in Australia indefinitely. This visa provides a safe haven for those who have had to flee their homes, and it allows them to rebuild their lives in a new country.
If you are a refugee or another persecuted person or you know someone who is seeking asylum in Australia, you should read this article to understand more about protection visas.
Section 91V: Verification of Information
Section 91V of the Migration Act states that the Minister or officer can ask the applicant for a protection visa to swear or affirm orally that the information is true. They can do this orally or in writing.
Moreover, the Minister or an officer may administer an oath or affirmation for the purposes of this section.
Can the Minister or Officer Deny an Application for a Protection Visa?
Yes. When deciding whether to give the applicant this visa, the Minister can look for any reasonable sign that can negatively affect the applicant’s credibility if these conditions are present:
- The Minister or officer requests the applicant to make a sworn statement on the truthfulness of the information he has given.
- The applicant refuses or fails to comply with the request.
- When the request was made, the applicant was warned, either verbally or in writing, that the Minister might draw an unfavourable inference to the applicant’s credibility if the one refused or did not comply with the request.
- The Minister or officer requests the applicant to make a sworn statement as to the truthfulness of the information one has given and was able to comply with such request. However, the Minister may draw an unfavourable inference on the person’s credibility because the manner of the applicant in complying with the request was insincere.
Likewise, the Minister may deny a non-citizen who applies for this visa. The reason for such denial can be the existence of circumstances that the Minister deems to negatively affect the non-citizen’s credibility.
Section 91W: Evidence of Identity and Bogus Documents
This section requires the applicants of this visa to show a documentary evidence of identity to the Minister or officer.
Moreover, the Minister may refuse the grant of this visa if:
- the applicant fails to show an evidence of identity and produces a bogus document;
- the applicant does not have a reasonable explanation for not producing their evidence of identity or for producing the bogus document; and
- there was a warning when the request to produce such documentary evidence and the applicant was not able to comply or produced a bogus document instead.
However, if the Minister is satisfied with the following circumstances, the application for this visa may be granted:
- the applicant’s reasonable explanation for failure or refusal to produce an evidence of identity or for production a bogus document; and
- the applicant’s efforts in producing documentary evidence of one’s identity, nationality, or citizenship and that one has taken reasonable steps to produce such documentary requirements.
Section 91WA: Providing Bogus Documents or Destroying Identity Documents
This section provides for the instances when the Minister may refuse the grant of a protection visa. These are the grounds of refusal:
- The applicant provides a bogus document as evidence of the applicant’s identity, nationality or citizenship;
- The applicant destroys or disposes of the documentary evidence of the applicant’s identity, nationality or citizenship or has caused such destruction or disposal.
However, the Minister may grant the visa if the applicant:
- satisfactorily explains the reason for the destruction or disposal of the documentary evidence of identity or the submission of a bogus document
- provides documentary evidence of his identity and has taken steps to submit such evidence.
Section 91WB: Application for Protection Visa by Member of Same Family Unit
Under this section, the Minister can’t give this visa to the family applicant based on a condition listed in section 36 (2)(b) or (c) unless the family applicant asks for the protection visa before the family visa holder is given a visa.
Moreover, this section applies to a non-citizen in Australia who is the family applicant. A family applicant is one who:
- applies for a protection visa; and
- is a member of the same family unit as a person (the family visa holder ) who has been granted this visa.
Section 91X: Courts Not to Publish Names of Applicants for Protection Visas
This provision prohibits the publication of the person’s name if such person is one who:
- applied for a protection visa;
- applied for a protection-related bridging visa;
- whose visa has been cancelled;
- whose protection-related bridging visa has been cancelled.
Applying for a Protection Visa?
- Providing legal advice and representation. We can help you understand the complex legal requirements for this visa. Also we can represent you at all stages of the application process, from lodging your application to appealing a decision.
- Gathering evidence. We can also assist you in gathering the evidence you need to support your application. This includes witness statements, medical reports, and government documents.
- Preparing your application. Our lawyers can help you prepare your application in a clear and concise way, and we can ensure that it meets all the requirements of the Department of Home Affairs.
- Advising on your options. If you face application refusal, our solicitors can advise you on your options for appeal. We can help you prepare your appeal.
- Providing emotional support. The process of applying for a protection visa can be stressful and daunting. Our lawyers can provide emotional support and guidance throughout the process.
Submit an enquiry today.