Are you seeking asylum in Australia?
Under International Treaties, Australia has obligations not to forcibly return, deport or expel a person to a place when there are substantial grounds for believing that the person will be at real risk of specific types of harm.
REFUGEE | ASYLUM SEEKER | PROTECTION VISAS
The most common (but not all) categories of asylum seeker applications for Australia are:
(a) Permanent Protection visa applications made onshore in Australia (Subclass 866);
(b) Permanent Humanitarian/Refugee visa applications made outside Australia (Subclass 200,
201 or 202);
(c) Temporary Protection (Subclass 785) or Safe Haven Enterprise visa applications (Subclass
790) made in Australia.
- Permanent and provisional business skills visas
- Fiancé , spouse, partner, de facto, same sex
- Employer Nomination Scheme visas
- Regional Sponsored Migration Scheme and Subclass 457 visas
- Work visas
- Skilled visas,
- Family, children, adoption and parent reunification visas
- Resident return if you previously held citizenship or permanent residency
- Refugee and humanitarian visas
- Retirement Visas
Visa Condition Breaches
We can assist to provide detailed replies to a notice of intention to consider cancellation issued for the following reasons:
- Breaching a visa condition (Section 116);
- Ceasing employment with a sponsor (Section 116);
- Where grounds no longer exist for the holding of a visa (Section 116)
- Providing incorrect information (Section 109);
- Business visa holders failing to abide by the conditions of their visa (Section 137);
- Consequential cancellations (Section 140);
- Failing to pass the character test (Section 501).
Visa Cancellations/ Unlawful Residence Status
Visa Application Refusals and Appeals to the Administrative Appeals Tribunal or Federal/High Court
The Department of Immigration and Border Protection cancels or refuses numerous visas and visa applications. We prepare and conduct appeals to the:
- Administrative Appeals Tribunal
- Federal Courts
- Minister of Immigration and Border Protection to intervene if it is in the public interest to do so.
Please contact us to arrange for an initial assessment of your situation.
High Court Finds Offshore Processing Legally Valid
A case was brought to the High Court of Australia to test whether offshore detention and processing is allowable under the Australian Commonwealth Constitution. The High Court decided on, 3 February 2016, that there is no constitutional reason why offshore processing should not be allowed.
This means that anyone who may be brought from offshore to the Australian mainland for medical treatment (being one example) can be legally returned to offshore detention centres such as Nauru. This is consistent with the view that the Australian Government has the choice about where to detain a person if they are an unlawful non-citizen – that is they do not have a valid visa. The High Court found that due to lawful arrangements made between the Australian Government and Nauru, it is open to the Government to transfer non-citizens to Nauru to be held there whilst their visa claims are processed.
Article Updated August 2016
Possible Pathway for certain Asylum Seekers to Australian Permanent Residency
The latest in news.
Four recent cases were reported by the Administrative Appeals Tribunal (Tribunal) dealing with applications to revoke the cancellation of non-citizen of Australia on character grounds. All four were decided against the visa applicants. These are complex matters which...
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We’re here to help you with whatever you may need. We specialise in complex immigration, citizenship applications and appeals.