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Protection Visa

Refugee Protection Visa 866: A Comprehensive Guide
The Protection Visa 866 for Australia is designed to offer refuge and protection to non-Australian individuals who genuinely fear maltreatment, harassment, discrimination, or persecution. This visa category comprises three main types:

  1. Permanent Protection Visa (Sub-class 866)
  2. Temporary Protection Visa (Sub-class 785)
  3. Safe Haven Enterprise Visa (Sub-class 790)
Permanent Protection Visa (Sub-class 866):
This visa grants the applicant and their family members (refer to www.border.gov.au) the right to live and work in Australia on a permanent basis. To be eligible, the applicant and their family members must have legally arrived in Australia and hold valid visas at the time of applying for the Protection Visa. Meeting certain health, character, and security requirements is also mandatory. The visa is granted if the applicant qualifies as a refugee under the Migration Act 1958 or meets the complementary protection criteria.
Temporary Protection Visa (Sub-class 785):
This visa has a duration of three years and is granted to those who arrived in Australia illegally (maritime) on a bridging visa and wish to stay in the country for study or work purposes. Applicants must undergo health, character, and security screening, and their visa applications are assessed based on Australian protection obligations.
Safe Haven Enterprise Visa (Sub-class 790):
All refugee visa applicants must meet the definition of “refugee” by the United Nations High Commissioner for Refugees (UNHCR) as one of the main criteria for the visa. The UNHCR defines a refugee as an individual who is outside their country of nationality or former habitual residence, has a well-founded fear of persecution if returned to that country, and is unable or unwilling to avail themselves of the country’s protection. The fear of persecution must be due to race, religion, nationality, political opinion, or membership in a particular social group (e.g., homosexual or disabled individuals).

In case a protection visa application is refused while in Australia, applicants can appeal to the Refugee Review Tribunal for reconsideration. However, it’s crucial to be aware of the strict time limits for appealing a decision to the Tribunal. If your situation aligns with any of the categories mentioned above, seeking professional assistance is highly advisable.
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