Why You Would Apply For A Protection Visa 866
The primary function and purpose of this visa is to allow foreign nationals who arrived in Australia on a valid visa to seek asylum for a range of particular reasons. These reasons may stem from legal criteria in their home country such as the criminalisation of same sex relationships, persecution for religious beliefs or non-believers, political freedoms, race as well as those fleeing war. Importantly, family members who are in Australia with you are or can be included in your application and they do not have to lodge their own separate claims.
This is not an exhaustive list of reasons but what is common amongst them is the need to establish the personal impact on the applicant which may include persecution, harassment, imprisonment and death exists – the ‘real harm test’.
In legal terms, you must be a refugee or engage Australia’s complementary protection criteria. It is common to see applicant’s from countries which have had major political or military upheavals or new legislation enacted since they last becoming the basis of a claim for asylum. Although grounds for protection and PPVs are specific, they are not restricted to refugees in the common understanding of the word.
How long you can stay
This is a permanent visa.
Owed Complementary Protection
To be recognised as a person owed complementary protection by Australia, you must prove that a return to your country of origin could result in the arbitrary deprivation of life, the death penalty, torture, cruel or inhumane treatment or degrading treatment and punishment. You must also pass identity, health and character checks. In many cases, you may include family members on your application if they satisfy criteria and are in Australia.
- Meet identity requirements
- Not be barred from lodging a permanent protection visa application
- Not have held any of certain visas
- Meet Australia’s security requirements
- Meet health and character requirements
- Immigration Cleared – You have passed through the Custom and Border procedures.
Common visa conditions
8559- Travel restriction (This condition establishes specific criterion for you when seeking to depart Australia and places and regions to which you may travel).
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