Primary Protection Visa Application

September 7, 2017

Do not underestimate the importance of Comprehensive Legal Arguments as attention to detail at the primary level is essential to a successful outcome:

The Australian government have the power to grant a non-citizen a Protection visa in situations where that person would likely suffer persecution in their home country due to their race, religion, political opinion, nationality or member of a particular social group.

Applying for a Protection visa and being granted a Protection visa can be extremely difficult if strong arguments are not put forward. Furthermore, it may be difficult to ascertain whether or not a non-citizen would likely have a reasonable chance of success at applying for this type of visa.

Immigration Solutions Lawyers recently had a case where an elderly woman from Venezuela came to Australia to visit her daughter. Her tourist visa was subject to condition 8503 (no further stay condition). Unfortunately, the 8503 condition was unable to be waived in these circumstances as the client had a severe psychological health condition, and immediate family in Australia who are Australian citizens. The only available option for an onshore visa in Australia in this instance was a Protection visa. The client instructed that she would like to eventually request for Ministerial Intervention in her matters, given her only child (and immediate family) live in Australia. The client accordingly requested an application for a Protection visa, given the dire situation in Venezuela and lack of medical equipment, food and other supplies.

The client was also suffering from Dementia and was particularly in a vulnerable situation in Venezuela as there was no one to care for her back in her home country. Immigration Solutions Lawyer’s assisted the client in putting a strong legal submission and argument forward, that she was a member of a particular social group (a sufferer of dementia) and would likely face persecution given the dire situation in Venezuela, due to her medical condition if she were repatriated back to Venezuela. These arguments proved successful, and the client was granted a Permanent Protection (subclass 866) visa.