This is perhaps the most complex area of Australian Immigration Law.
While some Agents will prepare on application for a Protection Visa for a few hundred dollars, this is a false economy of simply filling out forms which will lead to rejection of your application and the need to then seek specialist assistance in appealing your rejected visa application to the Refugee Review Tribunal and/or the Courts which will involve further expenses and may become more difficult due to any unsubstantiated claims in your original application for a Protection (Refugee) Visa.
It is, therefore, important to seek properly qualified advice at the outset before you lodge your Protection (Refugee) Visa application.
The basis for a Protection (Refugee) Visa application is that a person has a well-founded fear of persecution due to their
- Political Opinion
- Membership of a Particular Social Group
All is not lost if you do not meet this test.
Australia still owes a person protection if he/she would suffer significant harm if returned to his/her home country.
Significant harm is
- Arbitrary Deprivation of Life
- The Death Penalty
- Cruel or Inhumane Treatment or Punishment
- Degrading Treatment or Punishment
Your claims for Protection or Refugee Status must be supported by Independent Country Information which is obtained from bodies such as, but not limited to,
- The United Nations High Commission for Refugees
- Amnesty International
- Human Rights Watch
You can apply for a Protection (Refugee) Visa in, or out of Australia, but only applications made in Australia can be appealed to the Refugee Review Tribunal.
If you are a genuine applicant for a Protection (Refugee) Visa then your life and/or liberty is in danger if you are returned to your home country. Your application should, therefore not be placed in the hands of someone who will simply fill out a form and lodge the application.