Please note that the information we provide in this article about protection visa lawyers Melbourne is current as of the date of publication, and the DHA regularly updates rules and regulations. Kindly ensure that you check the official updates before making any decisions or speak with an immigration lawyer for the most up-to-date information, as laws and conditions are subject to change.
Are you wondering what protection visa lawyers Melbourne can do for you? You’ve come to the right place. In this article, you will learn about:
- the types of protection visas in Australia,
- the services that protection visa lawyers can offer, and
- what you should ask during consultation.
Types of Protection Visa
A protection visa in Australia is a special type of visa granted to individuals seeking refuge or asylum due to facing persecution or significant harm in their home country. There are two main types of protection visas in Australia:
- Permanent Protection Visa (Subclass 866):
This visa grants permanent residency to individuals who meet Australia’s refugee or humanitarian obligations. Moreover, it allows the visa holder to live, work, and study in Australia indefinitely.
To be eligible, individuals must be in Australia when they apply and demonstrate that they meet the definition of a refugee under the Refugee Convention or are someone in need of protection from persecution or harm. Serious harm includes, but is not limited to:
- A threat to the person’s life or liberty significant physical harassment of the person significant physical ill treatment of the person
- Significant economic hardship that threatens the person’s capacity to subsist (ability to survive)
- Denial of access to basic services, where the denial threatens the person’s capacity to subsist (ability to survive)
- Denial of capacity to earn a livelihood of any kind
- Death penalty
- Torture
- Cruel or inhuman treatment
The cost for this visa is AUD 45.00 only. For this visa, you must engage in Australia’s protection obligations.
- Temporary Protection Visa (Subclass 785):
This visa provides temporary protection for up to three years, with the possibility of renewal. This is available to individuals who meet Australia’s protection obligations but arrived in Australia without a valid visa.
It allows the visa holder to live, work, and study in Australia for the duration of the visa. To be eligible, individuals must be in Australia when they apply and demonstrate that they meet the definition of a refugee under the Refugee Convention or are someone in need of complementary protection from persecution or harm.
The cost for this visa is also AUD 45.00. Engagement in Australia’s protection obligations or becoming a member of the same family unit of someone who does is also a requirement for this visa.
Australia’s Protection Obligations
According to the Department of Home Affairs, to engage in Australia’s protection obligations means that you have to be a refugee. Under the Section 5H of the Migration Act 1958, a person is a refugee if they are: “outside the country of his or her nationality and, owing to a well-founded fear of persecution, are unable or unwilling to avail himself or herself of the protection of that country.”
To be considered a refugee, someone who is outside their country of nationality or former habitual residence must have a well-founded fear of persecution for one of five reasons:
- Race
- Religion
- Nationality
- membership in a particular social group, or
- political opinion.
Moreover, the persecution must be serious and discriminatory. It cannot be something that can be avoided by relocating to another part of the country or by changing the person’s behaviour.
Protection Visa Lawyers Melbourne: Services Offered
Here’s what protection visa lawyers Melbourne can do for you or for anyone you know who needs legal assistance:
- Guidance and Support
- Understanding your eligibility. Protection visa lawyers Melbourne can explain complex protection visa categories and assessing your chances of success. You should also ask what their skills are as immigration lawyers if ever you need to transition a permanent visa in Australia.
- Navigating the application process. They can also assist with application forms, gathering evidence, and preparing submissions.
- Representation at interviews and tribunals. Lawyers will advocate for your case and presenting evidence effectively.
- Legal advice and strategy. Migration attorneys can tailor a plan based on your unique circumstances and potential challenges.
- Specific Tasks
- Identifying applicable visa options. Protection visa lawyers Melbourne can help identify which of these visas: Permanent or temporary protection visas, Safe Haven Enterprise Visa, Resolution of Status Visa, is fit for you.
- Drafting compelling statements and legal submissions. Highlighting your reasons for seeking protection and supporting them with evidence.
- Liaising with government agencies and legal authorities. Migration attorneys can help you communicate effectively with various authorities.
- Appealing negative decisions. Pursuing legal avenues to challenge unfavorable outcomes.
- Negotiating alternative pathways. Lawyers can assist you in exploring other migration options if the DHA does not grant you a protection visa.
- Additional Services
Other services of protection visa lawyers Melbourne include:
- Translation and interpretation, if you have limited English proficiency.
- Referral to support services to connect you with resources for mental health, accommodation, and social assistance.
- Ongoing legal guidance regarding with future visa applications other than protection visa applications, citizenship pathways, and navigating civil and political rights and obligations as a visa holder.
Protection Visa Lawyers Melbourne: Things You Should Ask
This section is very important because this will help you communicate and strategise with protection visa lawyers Melbourne. When seeking legal advice from a protection visa lawyer in Australia, it’s essential to ask the right questions to maximise your chances of success.
Here are some key questions to consider:
- Do I meet the eligibility criteria for any type of protection visa?
- Based on my situation, which type of protection visa is most applicable to my case?
- What are the strengths and weaknesses of my case?
- What evidence do I need to gather to support my application?
- Have you successfully represented clients in similar circumstances?
- What is the estimated timeline for the application process?
- What fees can I expect, and what is included in your services?
- Will you represent me at all interviews or tribunals?
- How will you communicate with me and keep me updated on the process?
- What are my options if my application is denied?
- What are my rights as a protection visa applicant in Australia?
- Do I have any other visa options besides protection visas?
- What are the potential consequences of a protection visa application on my future immigration status?
- What support services are available to me during and after the application process?
- Do you have any concerns about my case that I should be aware of?
- Do you specialise in representing applicants from my specific country or region?
- Are you familiar with any relevant cultural sensitivities that may apply to my case?
- Can you provide me with references from past clients?
- What is your approach to working with clients facing sensitive and traumatic experiences?
- What are other visa options that I can explore in case they deny my protection visa application?
Talk To a Protection Visa Lawyer
If you want to know more about protection visas in Australia, immigration law, or international human rights law, you should talk to a visa lawyer. Our visa and citizenship lawyers at JB Solicitors can help you understand the intricacies of Australia’s migration system. Discuss your options with us, get your questions answered, and take the first step towards securing your future in Australia.
Contact us today.
