Protection visa (subclass 866) things to know before you apply

This Visa is a part of the Australian Humanitarian Programme

Under the obligations of the 1951 convention related to status of Refugees{ Refugee Convention} and its 1967 Protocol. Prevent Australia to forcibly deport a person when there are substantial  ground for believing the person will be at risk of specific harms if returned back .

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                                            A person is a refugee is the  person who lives outside the country of their nationality due to the fear of persecution and are afriad that if they go back to their country it can be serious harm to their life. If the person does not have a nationality, that person is outside country they used to reside in and due to legitimate fear of persecution, are afraid to return.
                                            Also however if the person has committed a crime against peace or is an offender in their home country, they are not to be taken as refugees.

                                            Reasons for fear of persecution
                                            There can be several reasons for the fear of persecution 
                                            4-Member of a particular social group
                                            5-Political opinion 
                                            6-Risks of negative consequences if they return back to their country
                                            1-Race can be classified much broader 
                                            2-Biological ancestry 
                                            3-Self identification as a member of the race
                                            4-Spiritual cultural and liguistic heritage
                                            When considering if religion is the basis of persecution, the following must be factored
                                            Is belief a religion
                                            1-Does the person belong to a religion 
                                            2-Is the person holding belief contrary to that of their persecutors 
                                            3-Is the person practising religion in way different than the persecutors
                                            4-Persecution due to absence of religion
                                            Refers to 
                                            1-Not to be confined with nations of state 
                                            2-Overlap with race, religion, particular social group 
                                            3-Not to be equivalent with citizenship
                                            Modification of persons behaviour
                                            Another factor that the Department of Home Affairs will asses is the person can take reasonable steps to modify their behaviour that will result in their not being prsecuted 
                                            1-If any of the characteristics are required to be changed to avoid persecution in their country then they are taken to have a well-founded fear of persecution
                                            2-Try to change characteristics which are inherent to persons behaviour
                                            3-Hide features that are natural or instinctive and cannot be changed
                                            4-Alter their religious beliefs to renounce their religion, conceal their religious beliefs
                                            5-Hide their race and conceal political beliefs 
                                            6-Enter or stay in marriage which the person has opposed 
                                            7-Change or hide their sexual orientation
                                            Significant harm 
                                            The person must be at risk of serious harm 
                                            1-Threat to life or liberty 
                                            2-Significant physical ill treatment 
                                            3-Significant economic hardship that threatens the persons ability to survive 
                                            4-Denial of access to basic services that will affect the persons ability to survive in their home country 
                                            No real risk and effective promotion measures
                                            A fear of persecution is taken if
                                            1-They are able to take reasonable steps to their own behaviour to avoid mistreatment 
                                            2-Able to relocate to part of the country where they would not be at real risk
                                            3-Access to affective protection measures
                                            4-Suffrage by a large amount of people and not just the applicant 

                                            A person is not taken to have a well- founded fear of persecution if effective protection measures exist in their country. Protection can be allowed by state, party or organisation, including international organisations.

                                            Other requirements
                                            The applicant must be in Australia
                                            1-Cannot be holder of or ever held Temporary Protection visa{Subclass 785}, Safe Haven Enterprise visa, Temporary Haven visa, Temporary { Humanitarian concern} visa.
                                            2-No risk to Australia's national security 
                                            3-Meet health and character requirements 
                                            4-Must not be an unauthorised maritime arrival or a a person entering Australia unlawfully by boat.
                                            If you have any questions feel free to contact us 

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                                            Joy On, 13 August 2019

                                            How about, if my protection visa application was unsuccessful. Im still elible for apply for other visa?

                                            Contact us to find out your options!