Australian Migration law is highly complex. This is especially true in the area of Protection and Humanitarian visas. For an applicant to be eligible for a Protection visa, he or she must engage in Australia’s protection obligations under International Human Rights Law.
What makes it more challenging for an Immigration Advisor/Migration agent is to deal with the client’s emotional state along with their visa application. Clients genuinely seeking Australia’s protection are typically overwhelmed by fear for their lives if they were made to return back to their home country.
We have experience in assisting clients with their Protection visa applications to the Department of Home Affairs (DOHA) as well as their merits review applications with the Administrative Appeals Tribunal.
Below is link of one of our successful Complementary Protection visa case which is published in the Austlii (Australian Legal Information Institute) website. The applicants (husband and wife) could not return back to their home country (India) as they were threatened to be killed by the wife’s family. The applicants belonged to different caste with the husband belonging to the Dalit caste (often referred to as untouchables in the Indian society). The applicants married each other without the consent of the wife’s family (who viewed themselves as superior in terms of their caste). The wife’s family felt this has brought about shame for their family and their strong threats to the applicants demonstrated they could kill the couple in the name of honour killing. DOHA failed to see the risk for the applicants’ lives. However, we assisted the clients with their review application to the AAT and the case was successful with the tribunal remitting the case back to DOHA for reconsideration. The clients then received their Protection visas soon after.
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