Protection Visas

If you are seeking protection in Australia because of persecution due to your race, religion, nationality, social group, political opinion or other valid reason, you may apply for a Protection Visa.

Protection Visa applications are a long process that require proving your refugee status to the satisfaction of the Department of Home Affairs. The guidance and strategic advice of an experienced migration lawyer with specific Protection Visa expertise is crucial to the success of your claim.

Our principal lawyer Daniel Moya has represented every type of protection visa applicant – civil society activists, politicians, journalists, individuals marginalised by a protected attribute (race, religion, gender, sexuality) and other oppressed groups.

We can assist you with all types of Protection Visa matters.

 

866 - Protection

790 - SHEV

785 - TPV

449 - Humanitarian Stay (Temporary)

Section 5AAA - Meaning of unauthorised maritime arrival

Section 46A - Visa applications by unauthorised maritime arrivals

Section 46B - Visa applications by transitory persons

Section 48A - No further applications for protection visa after refusal  or cancellation

Section 48B - Minister may determine that section 48A does not apply to non-citizen

Section 57 - Certain information must be given to applicant

Section 78 - Children born in Australia

Section 91K - Non-citizens to whom this Subdivision applies are unable to make valid applications for certain visas

Section 91L - Minister may determine that section 91K does not apply to a non-citizen

Section 91N - Non-citizens to whom this subdivision applies (‘dual nationality’)

Section 91P - Non-citizens to whom this Subdivision applies are unable to make valid applications for certain visas

Section 91P - Minister may determine that section 91P does not apply to a non-citizen

Section 91W - Evidence of identity and bogus documents

Matters affected by DDB16 v Minister for Immigration and Border Protection [2018] FCAFC 178

“Daniel Moya is a very helpful knowledgeable caring immigration lawyer. Thank you for the services you have provided us and we will be using your services again soon.”

Alan R.

How it works.

 

For you peace of mind, we charge a fixed price fee to support your Protection Visa Application. $5,500 (incl GST) covers experienced migration lawyer Daniel Moya preparing and lodging your Australian Protection Visa application. Additional fees are payable in the event you are invited for a protection visa interview.

The first step is to meet with Daniel for an initial consultation ($330) so that he can understand your circumstances. He will then be able to offer an opinion on your eligibility for a Protection Visa and whether you might be eligible for an alternative visa.

Daniel will help you prepare your refugee claim – the reason you seek protection – and can manage the application process on your behalf, and continue to represent you through to the Department of Home Affairs’ decision on your application.

Frequently Asked Questions.

 

  • The Department of Home Affairs does not publish processing times for protection visas.

    How quickly your application is processed will depend on factors including: whether you are in immigration detention, your nationality (or passport held), whether you have previously been refused a visa, the strength of your refugee protection claims and in which capital city you reside.

  • The current visa application charge is $45. Our professional fees start from $5,500 (incl. GST). We can also provide advice and representation if you have been invited for your protection visa interview or have been invited to comment on adverse information.

  • Generally, work rights are attached to a protection visa application. However, this may vary depending on your particular circumstances.

  • Documentation that shows previous harm (or risk of harm) that you have (or may) experience can be helpful to your application. Independent country information about the human rights or political situation in your country (i.e. reports from UNHCR bodies, Human Rights Watch, International Crisis Group) together with reports prepared for the consideration of asylum claims (UK Home Office Reports, refworld) should also be included or addressed.

    Section 499 of the Migration Act 1958 (Cth) requires decision makers to consider Country Information Reports prepared for protection status determination purposes (Ministerial Direction Number 84 – Consideration of Protection visa applicants). Those reports prepared by the Department of Foreign Affairs and Trade can be accessed here.