Protection VisaFebruary 12, 2015 - Unreported Cases
This case involved an application for a protection visa (Class XA) (subclass 866). The Applicant arrived in Australia as a dependent applicant on his wife’s subclass 570 Student visa. While in Australia, they had two children together. Shortly after, the Applicant’s student visa expired.
The Applicant was from the Middle East and was of a minority group ethnicity. His citizenship rights were removed due to a border conflict over his family’s land. Therefore, the Applicant was unable to enjoy the benefits of citizenship such as being eligible for other official national documents such as a passport. The Applicant had to leave the country illegally in order to accompany the partner to Australia for her studies.
Since the Applicant left, his home country underwent significant changes and political transitions. It suffered great civil and political instability, and the judicial system was impacted by widespread corruption amongst government officials. Immigration Solutions Lawyers (‘ISL’) submitted that this, considered with the continued discrimination against the Applicant’s ethnic group, would impact the Applicant significantly if he and his family were forced to return to their home country. The Applicant suffered from severe stress and mental health illnesses due to his fear of returning due to the circumstances of his departure, the situation in his home country and his membership of the certain ethnic group.
To obtain a protection visa, four elements must be satisfied which are outlined in the Convention and Protocol Relating to the Status of Refugees. First, the Applicant must be outside their country. The Applicant was in Australia, hence this element was satisfied. Second, the Applicant must fear persecution. ISL submitted that the Applicant did fear persecution; he was fearful due to the illegal circumstances of his departure, due to the discrimination and crimes being committed against his ethnic group, and due to the fact that members of his family in his home country had already been persecuted. Third, the persecution must be for either race, religion, nationality, membership of a particular social group or political opinion. ISL submitted that the Applicant satisfied this element as he feared persecution due to being a member of a particular social group. The fourth element is that the Applicant’s fear must be ‘well-founded’. ISL submitted that this element was also satisfied; his illegal departure from his home country put his life at risk, his background of systematic discrimination caused by his ethnicity instilled a fear in him, and members of his family had already been targeted. ISL argued that the Applicant genuinely feared persecution and that fear had an objective basis.
ISL was able to secure the grant of a Protection (class XA) Protection (subclass 866) visa.
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