Being a protection visa holder, you can:
- Live and work in Australia as a permanent resident
- Have access to Medicare (Australia’s health care scheme) and Centrelink services
Eligibility Criteria
You can only be able to get eligible for protection visa if:
- You are in Australia on a valid visa and not through illegal marine or unauthorised air arrival
- You meet Australia’s protection obligations
- You are appealing for Australia’s protection
- You have evidence of being a refugee who is defined by the Refugee Convention or meet the Complementary Protection criteria in the Australian Migration Act 1958
- You are not barricaded from lodging a Protection Visa application
- You satisfy the minister that the purpose of getting the visa is in national interest
- You meet health and character requirements
Health Requirements
You must provide evidence of medical examinations to ensure the protection of your health along with the Australian community.
Family Members In The Visa Application
You can include following members in your visa application:
- Your Partner (Married or de facto)
- Your or your partner’s dependent children
- Other Eligible dependent relatives
Conversely, applicants from certain countries simply had no prospects 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?
When a person’s application for a visa is refused or his or her visa is cancelled under section 501 of the Migration Act, unless he or she already holds a protection visa, the person becomes an unlawful non-citizen. Under the Migration Act, as an unlawful non-citizen the person must be placed in immigration detention and detained until he or she is either granted a visa, deported, or removed from Australia.
In addition to being detained and possibly removed from Australia, a person who has a visa refused or cancelled under section 501:
- Will be prohibited from applying for another visa (other than a protection visa or a ‘removal pending’ bridging visa) while in Australia.
- If removed from Australia following cancellation of their visa, will not be eligible to be granted most types of visas (and therefore to return to Australia) if their visa was cancelled because of a substantial criminal record, past or present criminal conduct, or a combination of past or present criminal and general conduct.
