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 and Humanitarian (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.
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
"Now that the visa application case has come to a final close my children and I wish to thank you and Sophie Manera for making it a success. We shall be forever grateful"
Ishmael, Mosman Park, WA, Child visa granted 2017
"Words seem so little to thank you for your tremendous work on behalf of our family"
Name withheld WA, Revocation of Mandatory Cancellation of Visa,
"Thank you for your professional and friendly way of doing business"
Name withheld WA, Business Visa Grant
"Highly appreciate for the great job you and the team of immigration lawyers did for my family to be here in Australia"
Subclass 202 Special Humanitarian visa granted
“Thank you for your patience and first-class service. I will certainly recommend your service of meeting people who need an immigration lawyers assistance with their migration matters”
Chris, Mt Pleasant, WA, Partner visa granted 2016
“I just wanted to say a massive THANK YOU for all of your help and prompt responses throughout the application process. I couldn’t be more grateful for your team and the efforts you guys put in"
Sean, South Brisbane, QLD, Subclass 186 Employer Nomination Scheme visa granted 2015
I thought you might like to see that Ryan and I have finally become Australian citizens, this would not have been achievable if it had not been for your help.”
Victoria and Ryan, 2019
The latest in news.
In line with the National Budget 2020-21 event, on 8 October 2020, the Federal Government announced the planning levels for the 2020-21 Migration Program. The total places available remain unchanged at 160,000. What has changed, however, is the allocation of places...
In September 2020, the Australian Government introduced new Labour Market Testing (“LMT”) requirements for employer sponsored visas such as the Subclass 482-Temporary Skill Shortage visa and the Subclass 494-Skilled Employer Sponsored Regional visa, where...
The Migration Amendment Bill 2019 and Migration Agents Registration Application Change Amendment Bill 2019 was passed by the Senate on 15 June 2020. Once the new laws come into effect, immigration lawyers will no longer be required to maintain registration as a...
Talk to us today
We’re here to help you with whatever you may need. We specialise in complex immigration, citizenship applications and appeals.