If you are seeking protection in Australia and did not arrive lawfully, you can only apply for a temporary protection visa.
The relevant visas are the Temporary Protection Visa (TPV) (Subclass 785) and the Safe Haven Enterprise visa (SHEV) (Subclass 790).
How your application will be processed will depend on the date and mode of your arrival in Australia, and whether or not you were previously transferred to a regional processing centre outside of Australia (in Nauru or Papua New Guinea).
There have been significant changes to the law governing protection visas. One of our experienced migration lawyers will be able to assist you in determining how and when you are able to lodge an application for temporary protection.
Grounds for protection
In order to be recognised as a refugee under Australian law, you must demonstrate that there is a real chance that you will be seriously harmed in your country of origin because of your:
For an application for a TPV, please note that the definition of a refugee under Australian law may be different to how it has been interpreted in international law or in other countries.
In order to be recognised as a person owed complementary protection by Australia, you must prove that as a necessary and foreseeable consequence of your removal to your country of origin, you would face a real risk of one or more of the following forms of significant harm:
In addition to demonstrating that you meet one or more of the grounds for protection, you must also pass the relevant identity, health and character checks.
There are other eligibility criteria and requirements for a TPV application. You may be able to include family members in your TPV visa application if they satisfy particular criteria. Please consult us for more details.
A TPV allows you to:
If you wish to travel outside of Australia as the holder of a TPV, you must apply for approval and show compassionate or compelling circumstances that justify the travel. You will not be able to travel to the country from which you have been granted protection.
Just prior to the expiry of your TPV, you will need to apply for another TPV or a SHEV. You will have your claims for protection assessed again to determine whether you face a real chance of persecution, or a real risk of significant harm, in your country of origin.
A TPV does not allow you to:
Refugee law is a particularly complex area of the law. Your application for a TPV will need to address legal requirements that will differ depending on when and how you arrived in Australia. Refugee law also changes frequently. We therefore strongly recommend that you speak with an experienced Immigration Lawyer or Migration Agent to assist with your application.
Over the past 15 years, we have acted in over 9,000 protection visa cases and have extensive knowledge and experience in this field. We highly recommend that you contact one of our experienced Solicitors and Registered Migration Agents to obtain advice about your application for a TPV.
This page provides a summary of the TPV as at June 2015. Australian immigration law is complex and changes regularly. We strongly recommend that you contact us to confirm the requirements for a TPV and consult with one of our lawyers and Registered Migration Agents.