Being a protection visa holder, you can:
- Live and work in Australia as a permanent resident
- Access Medicare (Australia’s health care scheme) and Centrelink services
Eligibility Criteria
You may be eligible for a Protection Visa if:
- You are in Australia on a valid visa and were not an illegal maritime arrival or unauthorised air arrival
- You meet Australia’s protection obligations
- You are seeking Australia’s protection
- You have evidence that you are a refugee under the Refugee Convention or you meet the Complementary Protection criteria in the Migration Act 1958
- You are not barred from lodging a Protection Visa application
- You satisfy the Minister that granting the visa is in the national interest (where relevant)
- You meet health and character requirements
Health Requirements
You must undertake medical examinations to protect your health and the Australian community.
Family Members in the Visa Application
You can include the following members in your application:
- Your partner (married or de facto)
- Your or your partner’s dependent children
- Other eligible dependent relatives
Conversely, applicants from certain countries may have very low success rates upon review. Specifically, Ireland and Tonga saw success rates at 0%, followed by Taiwan and South Korea (1%) and Malaysia (3%).
What are the consequences of a protection visa refusal or cancellation?
If a person’s visa is refused or cancelled under section 501 of the Migration Act, and they do not already hold a protection visa, they become an unlawful non-citizen. Under the Act, an unlawful non-citizen must be placed in immigration detention until they are granted a visa, deported, or removed from Australia.
In addition to detention and possible removal from Australia, a person refused or cancelled under section 501:
- Is prohibited from applying for another visa (other than a Protection Visa or a ‘removal pending’ bridging visa) while in Australia
- If removed following cancellation, is generally ineligible for most visas (and therefore return to Australia) where cancellation was due to a substantial criminal record, past or present criminal conduct, or a combination of criminal and general conduct
For tailored immigration advice, contact Jameson Law or call (02) 8806 0866.
