Seeking Protection
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Overview
Australia's Refugee and Humanitarian Program offers protection to asylum seekers who have entered Australia, either without a visa or as temporary entrants, and who are found to be owed Australia's protection under the United Nations 1951 Convention and 1967 Protocol relating to the Status of Refugees (the Refugees Convention) and relevant Australian laws.
Protection visa
Asylum seekers who are found to be owed Australia's protection under the Refugees Convention, and who satisfy health, character and security requirements, are granted a permanent Protection visa.
Applying for a Protection visa
If an applicant wishes to seek asylum, they are required to lodge a Form 866, Application for a Protection (Class XA) visa. The approved application form for a Protection visa, Form 866 - Application for a Protection (Class XA) visa, is not available electronically, but can be obtained from any department office, or if a person is in immigration detention, by asking a departmental officer.
The assessment process for Protection visas has been designed to avoid any need for an applicant to use professional advisers to assist them. The process is non-adversarial and decision-makers have an obligation to explore claims raised by applicants and to satisfy themselves as to whether the applicant is owed protection. However, if the applicant wants to use a migration agent, a list of registered migration agents is available from the Migration Agents Registration Authority (MARA) or a department office.
Australian values - Life in Australia
An Australian Values Statement requirement was introduced on 15 October 2007.
All applicants aged 18 years and over are required to sign an Australian Values Statement when applying for selected visas. The values statement requires applicants to confirm that they will respect the Australian way of life and obey the laws of Australia.
All applicants for a Protection visa are required to sign the Australian Values Statement in their application form.
See: Australian Values
For more information on Australian values:
See:
Life in Australia book
Australian Values Statement – Provisional and Permanent
Fact Sheet 7 - Life in Australia – Australian Values
Assessment of protection claims
Applications for Protection visas are assessed by departmental decision-makers trained in the law, policy and procedures concerning the Refugees Convention and Protection visas.
The decision-maker assesses the applicant's claims to Australia's protection against the Refugees Convention definition of a refugee, Australia's domestic laws, and all information about the conditions in the asylum seeker's country of citizenship or usual residence. Applicants are expected to put their claims in writing. An interview is not essential, but a decision-maker may ask an applicant to attend an interview if further information is required. Where needed, the department arranges qualified interpreters for any interviews.
Decisions are made on the individual circumstances of each applicant's claims. There is no blanket approval or refusal of applications based on broad assumptions, for example about the safety of particular countries.
Applicants who are refused a Protection visa will receive a written decision setting out the reasons for that decision. Applicants may, within 28 days of notification of the decision, apply to the appropriate tribunal for a full merits review of their case.
Minister’s public interest power
If the Refugee Review Tribunal affirms a decision to refuse a Protection visa, the Minister has a personal non-compellable power to substitute a more favourable decision (example: grant a visa) if the Minister considers that it is in the public interest to do so.
This enables the Minister to grant a visa to a person who has been found not to be owed Australia's protection obligations but where other compelling circumstances exists.
The Minister has issued guidelines on the type of unique or exceptional circumstances where the Minister may wish to consider exercising the public interest powers.
Any person or organisation may write to the Minister and request that they exercise their power under section 417 of the Migration Act 1958.
Relevant fact sheets
For more information about seeking asylum:
Fact Sheet 61 - Seeking Asylum in Australia
Fact Sheet 62 - Assistance for Asylum Seekers in Australia
Fact Sheet 63 - Immigration Advice and Application Assistance Scheme
Fact Sheet 68 - Abolition of Temporary Protection visas (TPVs) and Temporary Humanitarian visa (THVs), and the Resolution of Status (subclass 851) visa
Fact Sheet 7 - Life in Australia – Australian Values
Relevant forms
Character and Penal Clearance Requirements
Form 1071i - Health requirement for permanent entry to Australia
Form 1101 - Police records check
Form 990i - Charges (fees)
Form 956 - Appointment of migration agent
Form 993i - Safeguarding your personal information
Form 929 - Change of address
Form 1022 - Notification of changes in circumstances
Form 1023 - Notification of incorrect answer(s)
Form 1025i - Making and processing of visa applications (and includes details of departmental offices)
Client Service Charter - our undertaking to clients