Asylum Explained

A guide to the process of seeking asylum in Australia

There are Four Key Stages when Applying for Protection

There are 4 main stages in the process of applying for a Protection visa to stay in Australia. You may not have to go through all of these stages to get a visa. The first stage of applying is to apply to the Department of Immigration and Citizenship (the DIAC) for a Protection visa. The following stages might apply to your case if you are not successful when you first apply for a Protection visa.

process

  1. Stage 1: Applying to the Department of Immigration and Citizenship – “DIAC
  2. Stage 2: Merits review by the Refugee Review Tribunal – “RRT
  3. Stage 3: Judicial review by a Court – “Judge
  4. Stage 4: Intervention by the Minister for Immigration and Citizenship – “Minister

If your case is not successful at any of these stages then you will have limited options left and you may have to leave Australia. To find out more about when you will have to leave Australia and what to expect please click here.

Remember, you can only apply for a Protection visa once.

If you apply for a Protection visa then you might not be able to apply for other visas to stay in Australia. It is really important that you make sure that a Protection visa is the right visa for you to apply for before you apply. You should start by getting some advice from a registered migration agent about whether you are a refugee and whether it is a good idea for you to apply for a Protection visa before you go ahead and make an application and make sure to ask if there is a better visa option available to you. You can find out more information about what a registered migration agent is and how they can help by clicking here.

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An initiative of the ASRC: www.asrc.org.au


Legal Services Board
Victoria's Legal Services Board is an independent regulator that protects consumers and enhances the integrity of legal services in Victoria.
Visit: www.lsb.vic.gov.au

Disclaimer
This website provides general information to people seeking asylum in Australia through the onshore visa application process. We have tried to make sure that this information is correct and that nothing important has been left out. However, we cannot guarantee this because immigration law is complex and changes regularly.
The information on this website is not legal advice. You should not rely on this website to make decisions about your immigration situation. We strongly recommend that you get independent advice from a registered migration agent. For information about registered migration agents please visit www.mara.gov.au
Asylum Seeker Resource Centre

The Asylum Seeker Resource Centre does not take responsibility for the accuracy or completeness of any information on this website and to the extent permitted by law, excludes any liability for any loss or damage suffered as a result of relying on the information contained on or accessed through his website.

The information on this website is current as at January 2012.

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