Australia offers protection visas to people who are facing serious threats in their home country and need a safe and legal way to get to Australia. Knowing who is eligible for a protection visa is key, as the process is complex and detailed. Whether you are fleeing war, political persecution, or inhumane treatment, you must meet specific criteria to be eligible.
At Allied Passport, we specialize in helping applicants navigate the complex process of a protection visa in Australia. With our expertise and guidance, we ensure every step of the process is clear, compliant, and fully supported so you have the best possible chance of success. In this article, we’ll look at the qualifications you need to apply for a protection visa.
What is a Protection Visa?
The protection visa is an entry document that allows the Australian government to provide legal and humanitarian assistance to people who have a well-founded fear of persecution, torture, or other serious human rights violations. It gives the holder permission to reside in Australia without breaching local laws and includes rights such as work permits and access to state services, including healthcare and education. The provision of this visa is a core component of Australia’s humanitarian program, providing refuge for those in need.
There are two different types of protection visas in Australia:
Subclass 866 (Permanent Protection Visa): For people who have arrived in Australia legally, claim refugee status onshore, and have met the criteria for protection. It provides permanent residency and access to social welfare services.
Temporary Protection Visas (Subclass 785) and Safe Haven Enterprise Visas (Subclass 790): Refugees or asylum seekers who arrive illegally are granted temporary visas, which offer limited rights and can lead to permanent residence under specific circumstances.
Eligibility Criteria for a Protection Visa
In order to apply for a protection visa in Australia, you need to fulfill requirements that make it clear that you are either a refugee or benefit from complementary protection. They are stringent requirements, but they ensure that refuge is only allowed for those who have real safety threats. Here’s a breakdown from Allied Passport of the key eligibility criteria:
Refugee Status Requirements
To qualify as a refugee under the Refugee Convention, asylum seekers must have an objectively well-founded fear of persecution based on:
Race
Religion
Nationality
Political Opinion
Membership in a particular social group
Persecution can manifest in several ways, ranging from physical violence to discrimination or threats to life. The applicant will need to show that there is no effective state protection in their home country and that returning would be more dangerous for them. The case is also helped by supporting evidence like police reports, witness accounts, or news articles.
Complementary Protection
For those who don’t meet the refugee definition, they may apply for complementary protection if they are at risk of:
Torture
Inhumane or degrading treatment
Severe punishment or violence
Arbitrary deprivation of life
Protection is provided when the applicant does not meet the criteria for a traditional refugee yet still constitutes a serious danger to their life or human rights if returned to their home country.
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Health and Character Requirements
Everyone who applies for a protection visa must meet health and character requirements. These checks include:
A medical examination is needed to determine whether the applicant is not a threat to public health.
A compulsory character assessment is needed to show that they do not have a serious criminal record or links with dangerous organizations.
Rights and Benefits for Protection Visa Holders
A protection visa in Australia is filled with various rights and privileges that serve to allow individuals to rebuild their lives with dignity and security. Protecting these rights paves the way to greater social, economic, and cultural integration into Australian society and will enable asylum-seekers capacity to build safety nets they have never had. Key rights and benefits for protection visa holders include:
Right to Live and Work in Australia
Protection visa holders, particularly those holding a Permanent Protection Visa (Subclass 866), have the right to indefinite stay in Australia. They can also work in any sector without limitation and are afforded the same basic working rights, including legal protection and minimum wage guarantees. Temporary protection visa holders, while requiring some restrictions, are also allowed to work and live in the country for the duration of their visa.
Access to Medicare
Protection visa holders get access to Australia’s public healthcare system, Medicare, which means they can claim low-cost or free medical services. This includes access to critical healthcare services, medical treatment in hospitals, and medicines listed on the Pharmaceutical Benefits Scheme (PBS), which helps visa holders stay healthy without facing financial hardship.
Social Security Benefits
Through a program called Centrelink, visa holders can get access to social security benefits who may be in financial distress. These benefits include unemployment benefits, disability support, parenting allowances, and more. This safety net guarantees that protection visa holders can begin to reconstruct their lives free from the immediate concern of financial distress.
Conclusion
A protection visa allows people fleeing persecution to begin life anew in Australia, where they can be assured of their safety and security. Protection visa holders have the right to live and work and some access to healthcare and social security, allowing them to integrate into Australian society. The protection visa, with a pathway to residency and even citizenship, is a life-changing opportunity.
