Seeking Protection

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 you wish to seek asylum in Australia, you are required to lodge a Form 866, Application for a Protection (Class XA) visa.
See: Form 866 - Application for a Protection (Class XA) visa - (960KB PDF file)

You can also obtain a paper copy of Form 866  from any departmental office, or for those 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 Office of the Migration Agents Registration Authority (Office of the MARA) or a departmental 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.

Section 48B requests

Once you have been refused a Protection visa or have had a Protection visa cancelled, you usually cannot apply again. It is also unlikely that you will be able to apply for any other type of visa while still in Australia. In limited cases, the Minister for Immigration and Citizenship may allow a person to make another application for a Protection visa where he considers it to be in the public interest to do so. This would generally only occur where new information or changed circumstances indicate that a person may now be owed Australia’s protection.

New permission to work arrangements from 1 July 2009

New permission to work arrangements for Protection visa applicants and all clients seeking ministerial intervention commence on 1 July 2009. More information is available on these changes, including detailed information for holders of Bridging visas.
See: New permission to work arrangements

Minister’s intervention powers

The Minister for Immigration and Citizenship has a set of powers which allows him to grant a visa, if he thinks it is in the public interest, to certain people who have been found by a review tribunal not to satisfy the criteria for a visa. These powers are called the ‘public interest powers’ or more commonly, Ministerial intervention.
See: Ministerial Intervention

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
National Police Checks > Application forms - Note: Applicants who are required to provide an Australian penal clearance certificate must complete the National Police Check application form which is available from the Australian Federal Police website.
Form 866 - Application for a Protection (Class XA) visa - (961KB PDF file)
Form 1071i - Health requirement for permanent entry to Australia - (56KB PDF file)
Form 990i - Charges (fees)
Form 956 - Appointment of migration agent - (148KB PDF file)
Form 993i - Safeguarding your personal information - (78KB PDF file)
Form 929 - Change of address - (114KB PDF file)
Form 1022 - Notification of changes in circumstances - (93KB PDF file)
Form 1023 - Notification of incorrect answer(s) - (93KB PDF file)
Form 1025i - Making and processing of visa applications (and includes details of departmental offices) - (65KB PDF file)
Client Service Charter - our undertaking to clients