You may be eligible for an onshore humanitarian visa, known as a PROTECTION VISA, if you are already in Australia and you cannot return to your how country because you fear that you will be persecuted because of your race, nationality, religion, political opinion, or membership of aa particular social group.
To meet the requirement for an ONSHORE PROTECTION VISA, you must be found to be a refugee or to engage Australia’s complementary protection obligations. The requirements of an onshore protection visa can be quite complicated.
In general, you need to prove:
- • You are at risk of persecution or serious harm in your home country
- • You are at risk of persecution or serious harm in your home country
- • You are unable to move to another part of your home country where you would be safe
- • You are unable to move to another part of your home country where you would be safe
- • You are unable to move to another part of your home country where you would be safe
Protection Visas are a complicated process and it can take a long tie to receive a decision. The migration lawyers at OZVIS can advise you on how to prepare a strong application and what your chance of success are.
One of our most notable cases was the case of a Middle Eastern woman who came to Australia with an educational delegation. At the time, the Australian government would not accept that there was a problem with her country, however, our brilliant lawyers at OZVIS got hold of WikiLeaks (before Julian Assuage was arrested and his truthful government publications were eliminated) and were able to produce undeniable, irrevocable evidence of USA classified documentation to the Australian government of the real situation in her country.
To Julian Assuage our clients all say a grateful “Thank You” as his publications saved many families who were previously denied protection visas BUT thanks to WikiLeaks, the truth prevailed and the government could not deny the truth of USA classified documents which we attached to our submissions.
Huda and her family are now happily settled in Australia.
You are the cleverest lady I got to know in Australia, hardworking, helpful and kind. Huda, formally from Iraq
CAN I APPEAL A REFUSAL OF AN ONSHORE HUMANITARIAN VISA?
If you have had a visa refused in Australia, you may be eligible to appeal the visa refusal to a tribunal or a court.
Generally, onshore protection visas refusal decisions can be appealed. You should read your onshore protection visa refusal notice carefully because each decision is different.
The letter from the Department will advise you:
- 1. If you have the right to appeal the decision
- 2. The timeframe available to lodge the appeal
- 3. The relevant appeal body to which to apply
If your letter does not outline this information, we suggest you obtain legal advice,
The most common place top appeal an onshore protection visa refusal decision is to the Administrative Appeals Tribunal (AAT) which has strict time limits so it is very important you note the appeal deadline.
Remember – the AAT deadlines cannot be extended.
If your visa is refused on character grounds, you an appeal to the courts.
If you have been refused a Protection Visa, please contact our migration lawyers at OZVIS to discuss your case.
Experienced migration lawyers can make all the difference to your case.
BOOK A CONSULTATION NOW