Protection Visas

Protection Visa Lawyer in Melbourne

Confidential, careful advice when your safety is at stake.

If you are in Australia and fear that you would face serious harm if you returned to your home country, you may be able to apply for a Protection visa. These are among the most serious and personal applications in Australian immigration law. Decision-makers look closely at the details and consistency of your claims, so careful preparation from the start is essential.

At Chua Tan Associates, our immigration team includes two Accredited Specialists in Immigration Law. We provide confidential advice in English, Mandarin and Cantonese, and we work with qualified interpreters for other languages.

Who may be eligible for a Protection visa

A permanent Protection visa (subclass 866) may be available to people in Australia who:

•         are refugees, meaning they have a well-founded fear of persecution because of their race, religion, nationality, political opinion or membership of a particular social group, or

•         face a real risk of significant harm if returned, such as torture, the death penalty, or cruel or inhuman treatment, under Australia's complementary protection obligations

Eligibility also depends on how you arrived in Australia, your immigration history, and health, character and security requirements.

Resolution of Status visa

Holders of certain temporary protection visas may also be eligible for a Resolution of Status visa (subclass 851) leading to permanent residence.

How our protection visa lawyers can help

Assessing your claims

Before you apply, we listen to your story in a confidential setting and advise honestly on whether your circumstances may meet the legal criteria. We also tell you about the risks of applying, so you can make an informed decision.

Preparing your Protection visa application

We help you set out your claims clearly and consistently in a detailed written statement. We gather supporting evidence, such as identity documents, country information, and medical or other expert reports, and we prepare legal submissions explaining how your claims meet the criteria.

Preparing for your interview

Most applicants are interviewed by the Department of Home Affairs. We help you understand what to expect, and we can attend the interview with you.

Review at the Administrative Review Tribunal

If your application is refused, you may be able to apply to the Administrative Review Tribunal (ART) for review. Time limits are strict and start from the date you are notified. We prepare further evidence and submissions and represent you at the hearing.

Judicial review and ministerial intervention

Where the Tribunal's decision contains a legal error, we advise on judicial review in the Federal Circuit and Family Court of Australia. Where review options have been exhausted, we can advise whether a request for ministerial intervention may be appropriate.

Family members

We advise on including family members in your application and on pathways for family members after a visa is granted.

Your information is confidential

What you tell us is protected by our duty of confidentiality as lawyers. The Department of Home Affairs is also subject to legal restrictions on disclosing information about protection applicants. We understand that many applicants worry about their safety and the safety of family members overseas, and we treat every matter with care and discretion.

Honest advice you can rely on

Protection visas are for people who genuinely need Australia's protection. Applications that are not genuine can damage your credibility, affect future visa options and lead to serious consequences. We will always give you an honest assessment of your situation and, where protection is not the right pathway, advise you on other options that may be available.

Frequently asked questions

Who can apply for a Protection visa?

People who are in Australia and either meet the definition of a refugee or face a real risk of significant harm if returned to their home country, subject to other legal requirements. We can assess whether your circumstances may qualify.

Will my home government find out about my application?

The Department of Home Affairs is subject to legal restrictions on disclosing information about protection applicants, and we are bound by strict duties of confidentiality. Speak with us about any specific concerns.

What happens if my Protection visa is refused?

You may be able to apply to the Administrative Review Tribunal for review. The time limits are strict and short, so contact us as soon as you receive a decision.

Can you advise me in Chinese?

Yes. We advise in English, Mandarin and Cantonese, and we work with qualified interpreters for other languages.

Get confidential advice

If you are considering a Protection visa, or have received a refusal, contact us for a confidential consultation as early as possible.

This page provides general information only and is not legal advice. Every case is different, and past results do not guarantee a particular outcome. If you are in immediate danger, call 000.