The Australian Government is a signatory to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol.
A main obligation under the Convention is that refugees must not be expelled or returned to their country of origin, or any third country, if they would face persecution there based on one or more Convention grounds – referred to as non-refoulement.
In implementing the Convention into domestic law, the Government has set out criteria for various humanitarian visas in the Migration Act 1958 and the Migration Regulations 1994.
Eligible refugees may apply to the Department of Home Affairs for permanent humanitarian visas including:
• Global Special Humanitarian Visa, Subclass 202
- • Protection Visa, Subclass 866
• Refugee Category Visas, Subclasses 200, 201, 203 and 204
For example, to qualify for a Protection Subclass 866 Visa, in the case of a person who has a nationality, they are outside the country of their nationality and, owing to a well-founded fear of persecution, are unable or unwilling to avail themselves of the protection of that country.
In the case of a person without a nationality, they are a refugee if they are outside the country of their former habitual residence and, owing to a well-founded fear of persecution, are unable or unwilling to return to that country.
A person has a well-founded fear of persecution if they fear being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and there is a real chance they would be persecuted for one or more of those reasons, and the real chance of persecution relates to all areas of the country in question.
Moreover, a person may meet the criteria for the grant of a Protection Visa if he or she is a non-citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations because the Minister has substantial grounds for believing that, as a necessary and foreseeable consequence of being removed from Australia to a receiving country, there is a real risk that he or she will suffer significant harm.
For information on further visa requirements and applicable costs, and advice tailored to your personal circumstances, please contact our Immigration Lawyers at The Migration Place.
The Migration Place is a division of Irish Bentley Lawyers, based in Brisbane, Australia.
We are lawyers, which gives you peace of mind knowing that you are dealing with highly trained and experienced legal professionals helping you with your migration matter. This also means that we can provide legal services beyond the visa application itself.
At The Migration Place, we believe you deserve the best professional service to identify the right visa solution, as well as the most efficient and cost-effective strategy to secure your residency in Australia.
To book your consultation, please let us know what date and time works best for you so we can schedule accordingly.