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Australia has obligations under international law to protect people who fear persecution or harm in their home country. Asylum law in Australia, including Brisbane, is therefore centered around the principle of non-refoulement, which prohibits Australia from returning people to a place where their life or freedom would be threatened. Asylum seekers in Brisbane can apply for a Protection Visa if they engage Australia’s protection obligations.
Legal advice is critical in the complex area of asylum law. The Australian immigration law is complex and often changes, making it difficult for asylum seekers to understand their rights and obligations. A lawyer can assist in preparing a strong case by advising you on the current law, helping you gather the necessary evidence, and drafting and submitting your Protection Visa application. If your application has been rejected, a lawyer can also assist you with the review process.
The key laws relevant to asylum in Brisbane, Australia include the Migration Act 1958 (Cth) and the Immigration (Guardianship of Children) Act 1946 (Cth). The Migration Act sets out the procedures for obtaining a Protection Visa, including the criteria that need to be satisfied. It also details what constitutes a refugee and the rights and obligations of refugees and asylum seekers. The Immigration (Guardianship of Children) Act provides for the protection of unaccompanied children seeking asylum.
You can apply for asylum by submitting an application for a Protection Visa (subclass 866).
The Department of Home Affairs will process your application and may invite you for an interview. If your application is successful, you will be granted a Protection Visa. If not, you can apply for a review of the decision.
Processing times vary and may take several months or even years. It's important to keep your contact details up to date so the Department of Home Affairs can inform you of any updates regarding your application.
Yes, you can include your family members in your Protection Visa application.
This depends on the type of visa you hold while your Protection Visa application is being processed. If you hold a Bridging Visa E, for example, you may be granted permission to work.
The Department of Home Affairs and the Administrative Appeals Tribunal provide valuable information on their websites regarding asylum and the application and review processes for a Protection Visa. The Refugee and Immigration Legal Service and the Asylum Seeker Resource Centre also provide free legal advice and assistance to asylum seekers.
If you require legal advice, it is highly recommended that you consult with a lawyer who specialises in asylum law. Legal Aid Queensland provides free legal advice and can help you find a solicitor. Alternatively, you can contact the Refugee and Immigration Legal Service or the Asylum Seeker Resource Centre for assistance.
