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Refugee Visa

You may apply for a refugee visa to Australia if you are outside Australia or inside Australia.

Protection Visa (Class XA) (Subclass 866)

You will be required to satisfy the definition of a refugee under the United Nations Convention Relating to the Status of Refugees (Refugee Convention) as well as character and health requirements before you can be considered for grant of a Protection visa.

A refugee is defined under the Refugee Convention as a person who:

… owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear, is unwilling to return to it …

You will be required to pay the Department of Immigration $30 for lodging this visa unless you can demonstrate financial hardship.

You may be granted a bridging visa that allows you to work in Australia while your Protection visa application is being processed.

If you are experiencing financial hardship while you are waiting for a decision to be made on your Protection visa, you may apply for financial assistance through the Asylum Seeker Assistance Scheme (ASAS). Please see the following link on the Department of Immigration website how to apply for financial assistance

If you are refused a Protection visa by the Department of Immigration you may lodge an appeal with the Refugee Review Tribunal (RRT). However, you must lodge your appeal within 28 days of the refusal decision.