Protection Visa Australia: A Lifeline for Persecuted Individuals

Imagine that you are living in fear every single day because of persecution, violence, or unimaginable hardship in your home country; in this situation, Protection Visa Australia, also known as Subclass 866, could be a solution for you. Protection Visa gives you everything you ask for, like staying, working, and living a new life in Australia. People from all over the world move to Australia each year in search of a new beginning and a secure place to call home. But above all, it’s about the freedom to breathe without fear.

Australia offers two types of refugee and humanitarian visas: onshore (Subclass 866) and offshore (Subclasses 200, 201, 202, 203, and 204). In this blog, we will guide you on the onshore protection visa.

Understanding the eligibility criteria for the Australia Protection Visa

The first thing you should know if you’re planning to apply for a Subclass 866 visa is that you should be physically present in Australia and have a valid visa. If your visa is expired, then you might need a bridging visa. It allows you to stay legal and process your application.

Secondly, you need to prove that you will face significant harm when returning to your home country because of your race, religion, political opinion, and membership in a particular social group like gender identity or sexual orientation. Finally, when applying, you must pass health, character, and security checks.

Types of Protection Visa

Australia offers three main subclasses that address permanent and temporary protection. Each subclass has its own distinct requirements. The following is the overview of it:

• Permanent Protection Visa (Subclass 866): Individuals who came to Australia legally on a valid visa and meet the protection criteria can apply for Subclass 866. This visa allows you to work and study rights, permanent residency, and apply for citizenship in the future. If a visa is granted, then you can sponsor your eligible family members through the offshore program.
• Temporary Protection Visa (Subclass 785): Eligible to those who arrived in Australia without a valid visa but need protection. Subclass 785 visa offers temporary residents for three years, with limitations on work and study rights. This visa holders need to reapply once their visa expires and has no pathway for permanent residency.
• Safe Haven Enterprise Visa (Subclass 790): Subclass 790 visa is very similar to Subclass 785, individuals who arrived in Australia without a valid visa and want protection. Visa is valid for 5 years and allows you to work or study in a regional area of Australia. If specific conditions are met, you may apply for other visas.

Protection Visa Australia: Application Process

The application process involves multiple steps:

• Documents: Gather all the important documents, like identity and proof of persecution or risk.
• Lodging the Application: Visit the Department of Home Affairs website and apply online. Applicants need to pay AUD $45 fee for the protection visa.
• Bridging Visa: Applicants usually get a Bridging Visa which allows them to stay legally while the application is processed.
• Interview and Assessment: In some cases, applicants may be asked for interviews as an application, and you need to clarify your claim.
• Decision : If approved, individuals will have the right to stay and work, and pathway to citizenship. If refused, applicants can appeal to the Administrative Review Tribunal (AAT) within 21 days.

Protection Visa Australia: Processing Time

Processing time for a Protection Visa in Australia depends on multiple factors like application completeness and case complexity. Recent years processing times are faster compared to the last few years. As for early 2024, processing time is approximately 145 days. However, if the cases are complicated and need extra verification, then it can be up to 3 years or more.

Likewise, there are different factors that may delay your processing, which include incomplete documentation, not providing additional data, document verification, and high numbers of applications. Therefore, applicants need to submit all the necessary documents and respond promptly to Department of Home Affairs requests to avoid delays. If you want to speed up the process, then seeking advice from legal professionals can help you and enhance the quality of the application.

What Rights Do Protection Visa Holders Have in Australia?

Once a visa is granted, there are tons of benefits for asylum seekers in Australia. You can live, work, and start a new life without any issues. Another would be access to Medicare (public health care system) and receiving social security benefits like housing and living costs if eligible.

Furthermore, Protection Visa holders are allowed to travel abroad, but they can’t travel to their home country, as this could impact their visa status. Most importantly, if specific requirements are met, you will be eligible to apply for Australian citizenship. Additionally, you can sponsor your family members to bring them to Australia under humanitarian family reunion provisions. Finally, you must follow the Australian rules, as serious crimes may result in the termination of a visa.

Important considerations and potential challenges

When applying for a protection visa, there are some important factors that need to be considered and potential challenges you might face along the way. The application process can be stressful and complex, as it takes a lot of your time, involves different types of paperwork, and requires you to clearly explain and give a reason about your circumstances. Keep in mind that even small mistakes and insufficient details can delay your application or even refusal. Once your application is processed, you might have to wait for months or years for the decision. Waiting periods can be very difficult emotionally, especially when you are not sure about what might happen next. If you get refused, then you can appeal, but this will be a long and difficult process too.

On the other hand, if your application is granted, it might be difficult to adopt a new life in Australia. You may face different challenges like language barriers, cultural differences, or finding a job. However, it is worth remembering that everything will be difficult at the beginning, but once you get used to it, things will be easier for you.

Common Pitfalls and Risks

Here are some of the mistakes you should not do while applying for a protection visa in Australia, or you will be in big trouble:

• Misinformation: People need to understand that a protection visa is only for asylum seekers who have fear of persecution or serious harm in their home country. It is not an option for those who want to stay in Australia for work, as applying with wrong intentions can lead to serious problems in the long term. Therefore, people need to talk and share correct information about Australia’s protection visa because it prevents confusion and stops misinformation from spreading.
• False Information: Nowadays, to secure the protection visa, people provide false information on purpose, which can have serious consequences. If an immigration officer finds your false information or documents, you must pay large fines or might end up in prison for up to 10 years. Moreover, in the future, it will be much harder to return to Australia for you and your family. Therefore, always make sure to be honest and provide genuine documents.
• Unregistered Migration Advisers: Always be careful about whom you are taking advice with; unregistered advisors might push you with fake information and promise you a 100% visa guarantee. It can ruin your current visa and make it harder to get any visa in the future. Only trust and get advice with registered migration, where they will help you with everything legally.

2024: Key Statistics on Australia’s Protection Visa Program

As we look into recent data of Australia’s protection visa program, it continues to evolve. In the 2023-24 financial year, there were a total of 27,229 applicants applying for protection visas in Australia, which was 12,752 more than the previous year. According to the Department of Home Affairs, of 27,229 applicants, 18,507 were refused and 8,722 were granted. Chinese, Indian, and Vietnamese nationalities had a high number of applicants applying for protection visas. 332 Nepali citizens applied in 2024, but all of them got rejected. Data shows that in the 2023-24 financial year, 32.03% were granted and 67.97% were refused.

The most important factor that significantly influenced the success rate for asylum seekers is the country of origin. Applicants from Afghanistan, Venezuela, Myanmar, Syria, and Iran have a high number of success rates ranging from 70-90%, whereas countries like India, Pakistan, China, Nepal, and Malaysia have a low number of approval rates between 20-40%.

2025 Update on Protection Visa Australia

The Government of Australia has made some changes to the protection visa application process to address delays and misuse. This will help new applicants to get their application decision faster compared to recent years. Similarly, these changes also help genuine asylum seekers to grant their visa quicker while also refusing applicants whose intention is just to work and extend their visa in Australia. In February 2024, Operation ABAXIAL was introduced and is still operating to this date. It is a key initiative to stop applicants from misusing the Protection Visa program.

Conclusion

Individuals whose lives are in danger in their home country can apply for Australia’s Protection Visa, it’s the opportunity to start a new life again without any fear. With the recent change in the visa policy, processing times are faster than ever, and the visa remains an essential component of Australia’s humanitarian commitment.

For personal assistance with the protection visa, feel free to contact one of the best Nepali Lawyers in Australia: Ghothane Lawyers. If you have any questions, concerns, or requests related to the protection visa Australia, please contact us at:
Ghothane Lawyers
Email: info@ghothane.com.au
Address: Level 1, 550 Lonsdale St, Melbourne VIC 3000
Phone: 1800 886 886
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