Your Position in Australia
Australia's protection framework is governed by the Migration Act 1958 and Australia's international obligations. If you are in Australia and believe you face persecution or serious harm if returned to your country, your first step is to understand your current visa status and what applications are available to you.
The options available depend on how you entered Australia, what visa you currently hold (or whether your visa has expired), and whether you have previously made any immigration applications in Australia.
Making a Protection Visa Application
If you are in Australia on a valid substantive visa or certain bridging visas, you may be able to lodge a protection visa application (subclass 866). To be able to do this, you must:
- Be physically in Australia
- Hold a valid substantive visa or a Bridging Visa A, B, or C
- Not have previously made a valid protection visa application in Australia (with limited exceptions)
- Not be barred from applying under legislative provisions that apply to certain groups
If your current visa has already expired, some options may still be available depending on your circumstances. Contact us immediately — what you do now determines what options remain.
Bridging Visas During Assessment
Once you lodge a valid protection visa application, you will generally be granted a Bridging Visa A. This allows you to remain lawfully in Australia while your application is being assessed by the Department.
The BVA may include work rights, but this is not automatic. The conditions attached depend on your individual circumstances. We advise on this specifically when reviewing your situation.
What the Assessment Involves
The Department assesses protection claims against the refugee definition under the Refugees Convention and Australia's complementary protection obligations. An interview is standard. Your personal account — its detail, its consistency, and its plausibility — is central to the assessment.
We prepare detailed personal statements that document your circumstances, the basis of your protection claim, and the country condition evidence that supports it. How this material is structured before it goes to the Department matters.
If Your Application Is Refused
A refusal does not necessarily end your options, but it triggers strict deadlines. Most applicants have the right to seek review at the Immigration Assessment Authority (IAA) or the Administrative Review Tribunal (ART), depending on how they entered Australia and when their application was lodged. IAA review deadlines are typically seven business days. ART review deadlines are generally 21 days.
After the review bodies, judicial review in the Federal courts may be available on limited legal grounds — but this is not a fresh assessment of the facts, only a review of legal errors.
Urgent Situations
If you are at risk of imminent removal, if your visa has already expired, or if you have received a removal notice, contact us immediately. Urgent bridging visa applications and other protective steps may be available depending on your specific circumstances.
Confidentiality
Everything discussed with our office is confidential. We do not share information with any government authority, employer, or third party without your explicit consent. We work with clients from all nationalities and backgrounds.