Protection Visas
Protection visa applications under Australia's protection obligations, including complementary protection, statements of claim and Tribunal review where required.
Seeking Protection in Australia
A protection visa application turns on a careful, consistent account of your circumstances assessed against specific legal criteria. Fear of returning to your home country is often part of that account, but it is not on its own enough to satisfy those criteria, and the application needs to be prepared with that in mind from the outset.
Who May Be Eligible for a Protection Visa?
Eligibility depends on whether you meet the definition of a refugee under the Refugees Convention, or otherwise meet the complementary protection criteria in the Migration Act, both of which involve specific and technical legal tests.
Refugee and Complementary Protection Criteria
The refugee criteria require a well founded fear of persecution for a Convention reason. Complementary protection applies where a person does not meet that definition but faces a real risk of significant harm if returned, such as the death penalty, torture or cruel, inhuman or degrading treatment.
Building and Presenting Your Claims
Claims, Evidence and Consistency
The practical work is in the evidence: a clear, dated statement of claims, relevant country information and any corroborative material that exists, prepared carefully and with enough time. Decision makers pay close attention to whether an account is internally consistent, and inconsistencies that seem minor can affect how the whole claim is assessed.
The Interview
Most applications involve an interview with a departmental officer. Preparation for that interview, and a clear understanding of what will be asked, helps you give a full and accurate account of your circumstances.
If the Application Is Refused
A refusal does not necessarily end the matter. Tribunal review allows a fresh look at the claims and any new evidence, though beyond that, further review may be limited to legal errors rather than a full reassessment of the merits.
How Shah & Co Lawyers can assist
Protection claims stand or fall on preparation, so we give the statement of claims the time it needs.
Statements of Claim
Detailed statements of claim, prepared with interpreters where required.
Country Information Research
Research and supporting documentation relevant to the claims made.
Tribunal Review
Review of protection visa refusals, including hearing representation.
Credibility Advice
Advice on credibility issues, identity documents and previous visa history.
Coordination With Practitioners
Working with treating practitioners where medical or psychological evidence is relevant.
Interview Preparation
Preparing you for the departmental interview and what to expect.
Evidence that can support a claim
- A detailed, dated statement of claims prepared with an interpreter if needed.
- Identity and travel documents, including previous passports.
- Country information relevant to your specific circumstances.
- Corroborating material such as medical, police or community records.
- Statements from witnesses who can support key elements of the account.
Frequently asked questions
General information only. Every matter turns on its own facts.
Other immigration law services
Visa Refusals
Advice and representation following the refusal of a visa application, including assessment of merits review rights and preparation of review applications within the statutory time limits.
View Visa RefusalsVisa Cancellations
Notices of intention to consider cancellation under sections 116 and 501, responses to the Minister or delegate, and merits review of cancellation decisions.
View Visa CancellationsMerits Review
Applications to the Administrative Review Tribunal (Migration and Refugee jurisdiction) for review of visa refusal and cancellation decisions, including preparation of submissions and representation at hearing.
View Merits ReviewPartner Visas
Onshore and offshore partner visa applications, including prospective marriage visas, evidence of a genuine and continuing relationship and dealing with sponsorship issues.
View Partner VisasFamily Visas
Parent, child, remaining relative and other family visa applications, including queue dates, balance of family test and assurance of support.
View Family VisasCitizenship Matters
Citizenship by conferral and descent applications, advice on the good character requirement and review of refusals before the Administrative Review Tribunal.
View Citizenship MattersSpeak with us before lodging or responding to a protection visa matter.
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