Getting a Protection Visa is not an Easy Pathway to Permanent Residency

   Disclaimer: This publication contains comments of a general nature only, and is provided as an information service.
                          It is not intended to be relied upon as, nor is it a substitute for specific professional advice.

The applicant in question is a Chinese citizen who applied for a protection visa. The Department refused to grant the application as the delegate for the Minister for Home Affairs was not satisfied the applicant was a genuine refugee. This is due to the belief that there is no real risk of suffering or significant harm to the applicant should they return to China.

The applicant claimed that they borrowed money from a loan shark, and is not able to repay the same. The unlicensed lender physically threatened the applicant upon learning they could not return the funds. As the lender is unlicensed, the applicant was unable to seek assistance or intervention from the appropriate governing body.

As a result, the applicant travelled to Australia claiming fears of harassment, bullying, torture, or death should they return to China.

Why Were They Refused?

Under s5J(1) of the Migration Act, a person has a well-founded fear of persecution if they fear persecution based on one or more of the following:

  1. Race
  2. Religion
  3. Nationality, or
  4. Membership of a particular social group or political opinion.

There must be a real chance a person may be persecuted for one or more of these reasons, and the reasons must be essential and significant.

As the applicant did not satisfy any of these four reasons, Australia has no obligation to provide protection to them under the Migration Act.

How Can We Help?

Many potential clients approach us by asking whether they can apply for a protection visa. If your story is similar to the above, your risk of refusal is very high.

However, each case is different, and should be assessed individually. If you want to know whether you have reasonable grounds to apply for a protection visa, you should contact our Nevile & Co. migration experts to request an initial free migration assessment.

Contact us at nevileco@nevile.com.au to discuss further.