Australia has a Refugee and Humanitarian Program which offers protection to asylum seekers who have entered Australia, either without a visa or as temporary entrants, and who are found to be owed Australia’s protection under the United Nations 1951 Convention and 1967 Protocol relating to the Status of Refugees (the Refugees Convention) and relevant Australian laws.

Asylum seekers who are found to be owed Australia's protection under the Refugees Convention, and who satisfy health, character and security requirements, are granted a permanent Protection visa.

When an application is lodged on -shore, the claims for Australian protection are assessed by departmental decision-makers against the Refugees Convention definition of a refugee, Australia's domestic laws, and all information about the conditions in the asylum seeker's country of citizenship or usual residence. Applicants are expected to put their claims in writing. All applicants are asked to attend an interview to discuss their claims and provide further information if required. Where needed, the department arranges qualified interpreters for any interviews.

To be granted a Protection visa applicants will need to have been found to be a refugee, passed character and security checks, undergone a health examination, and signed the Australian Values Statement.

Applicants who are refused a Protection visa will receive a written decision setting out the reasons for that decision. You have the right to seek a review of this decision by an independent tribunal, either the Refugee Review Tribunal (RRT) or the Administrative Appeals Tribunal (AAT). The department will provide you with information on how to apply for this review and the timeframe in which you need to apply.

If you feel that you have a claim to be a refugee this can be discussed with our Immigration Law Specialist who will advise you whether you can apply on-shore for a Protection Visa. If your application has been refused, you should seek legal advice from us about appealing this refusal.