Samuta McComber Lawyers

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Thinking of applying for a protection visa?

Before you do, ask yourself these five questions.

  1. Do you fear returning to your home country?

  2. Are you a ‘refugee’ - that means that if you go back to your country you will suffer serious harm because of your race, religion, nationality, political opinion or membership of a social group?

  3. Will you suffer serious human rights abuses if returned to your country?

  4. Can you also prove there is no safe area in your country, and that there is no other safe country in which you can live?

  5. Have you received legal advice from a qualified person regarding my eligibility?***

You can only apply for a Protection Visa in Australia. It is important to understand that even if you apply, and are granted a Bridging Visa A (BVA) with work & Medicare rights, that does not mean you have been granted a permanent stay in Australia. The BVA is only valid until a decision is made on your Protection visa application is made. If your application is refused then you will have 28 days to depart Australia.

It is important to get legal advice about your eligibility for a Protection visa. The requirements are very strict. If you do not think you are a refugee then you should assess your other visa options first before applying for Protection. Being refused a Protection visa can have long term consequences such as difficulties being granted another Visitor visa to return to Australia in the future. Without a proper understanding, it may be cheap and quick to apply in the short term but it could end up being a long, expensive task that affects you for the long term.

If you are considering applying for a Protection visa, call our office today to book an initial consultation on (07) 3394 8489.

*** In Australia it is an offence for a person to give legal advice or assistance on Australian immigration or visas unless they are an Australian lawyer or registered migration agent. You can check if a migration agent is registered by checking their details here: https://portal.mara.gov.au/search-the-register-of.../