ONSHORE PROTECTION VISA – PERMANENT PROTECTION VISA – SUBCLASS 866
At Ghothane Lawyers, we understand the profound importance of your journey towards securing an Onshore Protection Visa to Permanent Residency. With unwavering commitment and expertise, our team of highly skilled Immigration Lawyers is here to offer you unparalleled assistance and support every step of the way.
One of our key areas of specialisation lies in meticulously preparing you for your protection visa interview, ensuring that you possess the utmost confidence and readiness to address any question that may arise. Our comprehensive training program, coupled with simulated interviews, guarantees that you are well-equipped to navigate the interview process with ease and poise.
In addition, if your protection visa application has been met with an unfortunate refusal, rest assured that we have a proven track record of success in appealing such decisions at the prestigious Administrative Appeals Tribunal (AAT). Our experienced lawyers will meticulously review your case, identify strong grounds for appeal, and develop a compelling argument to present before the tribunal, giving you the best chance of a positive outcome.
We take immense pride in our extensive experience in assisting individuals from diverse backgrounds, including nationals from China, Pakistan, India, Fiji, Malaysia, Iran, Nepal, Nigeria, Saudi Arabia, Myanmar, Mauritius, Iran, Afghanistan, Egypt, Sri Lanka, and many other countries. Our thorough understanding of the unique challenges faced by international students and tourists seeking permanent residency in Australia allows us to tailor our services specifically to your needs and concerns.
Your dreams and aspirations for a secure future in Australia are at the heart of what we do. With our unwavering dedication, meticulous attention to detail, and a proven success record, we are confident in our ability to provide you with the highest quality representation and guidance throughout your immigration journey.
This visa is for people who arrived in Australia on a valid visa and want to seek asylum. It lets you stay in Australia permanently, if you engage Australia’s protection obligations and meet all other requirements for the grant of the visa.
Eligibility
Have arrived in Australia legally
You must have arrived in Australia on a valid visa and be immigration cleared on arrival.
You can’t make a valid application for this visa if you are an unauthorised maritime arrival.
Be a refugee or engage Australia’s complementary protection criteria
As defined by the Migration Act 1958 (Migration Act), in order to engage Australia’s protection obligations you must:
- be a refugee or
- meet the complementary protection criteria
Australia must not return people to their home country where there is a risk that the person may suffer harm because they engage Australia’s protection obligations.
Refugee: A refugee is a person who is outside their home country and is unable or unwilling to return due to a well-founded fear of being persecuted based on race, religion, nationality, political opinion, or membership in a particular social group. Refugees often seek protection in another country and are in need of international assistance and legal protection.
Complementary Protection: Complementary protection refers to a set of obligations and legal principles that extend protection beyond the definition of a refugee under the Refugee Convention. It provides protection to individuals who do not qualify as refugees but still face a real risk of significant harm if they return to their home country. This harm can include torture, cruel, inhuman, or degrading treatment or punishment, or a threat to their life.
Australia’s Protection Obligations: Australia, like many other countries, has legal obligations to protect refugees and individuals who meet the complementary protection criteria. These obligations arise from various international human rights treaties, including the 1951 Refugee Convention and its 1967 Protocol, as well as other international human rights instruments.
Under these obligations, Australia is committed to assessing the claims of individuals seeking protection and ensuring that they are not returned to a situation where they would face persecution or significant harm. This assessment process involves considering both refugee claims and complementary protection claims.
Refugees and individuals meeting the complementary protection criteria are entitled to certain rights and protections, including the right to seek asylum, access to a fair and efficient refugee status determination process, access to legal assistance, and the principle of non-refoulement, which prohibits the return of individuals to a country where they would face persecution or serious harm.
Not be barred from lodging a permanent protection visa application
You can’t make a valid permanent protection visa application if you:
- have been refused a protection visa since your last arrival to Australia, or
- have had a protection visa cancelled since your last arrival to Australia
The Minister has the power to lift any application bar if it is determined to be in the public interest.
Our lawyers can assist you in finding if an application bar affects your Permanent Protection visa application.
Not have held any of these visas
You must not hold or ever held any of the visas listed below:
- Temporary Protection visa (subclass 785)
- Temporary Safe Haven visa (subclass 449)
- Temporary (Humanitarian Concern) visa (subclass 786), or
- Safe Haven Enterprise visa (subclass 790)
Meet security requirements
As part of the application process, DHA will assess whether you meet Australia’s security requirements for the grant of a protection visa.
Meet health requirements
You must undergo health examinations.
