Applying for protection in Australia

Information for people who arrived lawfully and seek Australias

protection
If you are thinking of applying for a protection visa it is important that you understand and consider the
following information.
Please read this information carefully before you complete your application.

Is a protection visa right for me?

If you apply for protection and you are refused the visa there are limited other visa types that you may
be able to apply for while still in Australia. You may be granted a protection visa if you are currently in
Australia and are found to engage Australias protection obligations. Australia may have protection
obligations either under the 1951 Refugees Convention or the complementary protection criteria in the
Migration Act.
The Refugees Convention states that a person engages protection obligations if they are outside their
home country and are unable or unwilling to go back because they have a well-founded fear that they
will be persecuted because of their race, religion, nationality, political opinion or membership of a
particular social group.
The complementary protection criteria states that a person engages Australias protection obligations
if there are substantial grounds for believing that, as a necessary and likely consequence of being
removed from Australia to their home country, there is a real risk that the person will suffer significant
harm.
If you do not engage Australias protection obligations, there may be other visas more suitable to your
circumstances. More information on finding the right visa for you is available at the immigration
departments website www.immi.gov.au.

Who can complete the Protection (Class XA) visa application form?
You can complete the Protection (Class XA) visa application form if you:

are in Australia

are seeking the protection of Australia and

have your own claims for protection or

you are a member of the same family unit of a person who has their own claims
for protection.

If you hold a valid visa, you should lodge your protection visa application before your current visa
expires. If your current visa expires before you have lodged a valid visa application, you will become
unlawful in Australia.

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Note: A person who is subject to any of the following sections of the Migration Act is not able to make
a valid application unless the minister waives these restrictions:

s46A prevents an illegal maritime arrival making a valid visa application if they are in the
migration zone and are an unlawful non-citizen (that is, you dont hold a valid visa)

s48A prevents repeat applications for a Protection visa after a first application has been
refused

s91E relating to people coming from a safe third country which is a country which you are
able to live in other than the country that you are seeking protection from

s91K relating to the Temporary Safe Haven visa and which prevents you lodging
applications for any visa (other than another Temporary Safe Haven visa) while still in
Australia;

s91P relating to multiple nationality or a right to enter and reside in any other declared
country.
If you are restricted by one of these sections the department will notify you when you are able
to make a valid application.

The application form

You will need to fill in the Protection (Class XA) visa application form and provide supporting
documentation. Please use a pen and write neatly in English using BLOCK LETTERS to complete the
form. Applications must be in English or they are invalid. You must tell the truth in your
application. If you provide incorrect information on purpose, your credibility may be questioned and
your application for a protection visa may be refused. If your application form is completed by a
migration agent, you must make sure that you read and understand all the information that is included
in the form and any statutory declaration before signing it. It is very important that you do not sign
blank pages or documents even if you are asked to do so.
The visa application form directs you to answer ALL questions. If any question is not applicable to
you, write N/A which means this question is Not Applicable to you. Failure to answer certain
questions may lead to your application being considered invalid so it is better to answer all questions.
If you need more space to answer questions, attach a sheet of paper giving the required details and
include the part and question number to which the information refers.
It is important that you include all details about your claims for protection and your identity, nationality
and citizenship. It is also important that you provide supporting documentation about your identity,
nationality or citizenship. If you refuse or fail to comply with a request to produce supporting
documentation about your identity, nationality or citizenship the person making the decision in your
case may reach an unfavourable conclusion which may lead to the visa application being refused.
Once you have completed your application the immigration department strongly advises you to keep
a copy for your records.

How do I complete an application?

The application form consists of four (4) parts.

Part A provides explanatory notes on how to apply for a Protection visa and additional
information if you are in detention;

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Part B is for the details of all persons included in the application form and the composition of
your family including parents and any children;

Part C is the application form for each person who is included in the application and who
wishes to submit their own claims for protection;

Part D is the application form for each person who is to be included in the application but
does not wish to submit their own claims for protection.

Firstly, complete Part B of the application to provide details about yourself and all other persons
included in the application.
To make a valid application, you must either put forward reasons for claiming protection or claim to be
a member of the same family unit of a person who has put forward claims.
To submit your own claims, you must complete Part C of the application. To properly complete Part
C, you must answer questions 42-48 to provide your reasons for claiming protection.
You should answer all these questions in your own words and tell the department everything about
why you think you are owed protection. You may answer these questions on the application form or
by submitting a separate statement with your application. All claims and supporting material must
be provided when you lodge your application.
Personal identifiers:
As part of the application process, you and each person included in the application will be requested
to provide a recent passport sized photograph and attach it to your application.
The photograph must be certified in writing by an authorised person on the back of the photo
confirming that it is a true likeness of the person named in the application.
For a full list of people who are authorised to certify documents please see the Statutory Declarations
Regulations 1993, available from the Attorney Generals website www.ag.gov.au.
Documentation required:
Certified copies of documents will be requested with your application as well as the original copies. It
is particularly important that you provide documented evidence of your identity, nationality and
citizenship. If you refuse or fail to comply with a request to produce supporting documentation the
person making the decision in your case may reach an unfavourable conclusion in relation to your
identity, nationality or citizenship which may lead to your application being refused.
Documents in a language other than English should be accompanied by an English translation
completed by a translator who is accredited by the National Accreditation Authority for Translators and
Interpreters (NAATI). The NAATI website has more information about how to have documents
translated at www.naati.com.au

How do I explain my claims for protection?

When preparing your claims for protection you should think about the following questions:

What country are you seeking protection from?

Why did you leave that country?

Why cant you return to that country?

Have you experienced harm in that country? If so, what is the harm you have experienced?

Who caused the harm to you?

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What do you fear may happen to you if you return to that country?

Why do you think this will happen to you if you return?

Are the authorities in your country able to provide protection?

When did you leave your home country?

How did you get to Australia?

Where can I get help with my application?

Help with English:
You can use an interpreter or translator to help prepare your application. Your local office of the
immigration department, a Migrant Resource Centre, or other community groups who are involved
with refugee and protection matters will be able to tell you how to get help in your language. You can
also call the TIS National on 131 450. For further information, please refer to the TIS National website
www.tisnational.gov.au
Immigration assistance:
There is no requirement for you to have a migration agent or any other assistance when making a
protection visa application. It is up to you to decide whether you want to obtain assistance.
A migration agent is someone who can:

advise you on the visa that may best suit you;

tell you the documents you need to submit with your application;

help you fill in the application and submit it; and

communicate with the immigration department on your behalf.

Migration agents in Australia must be registered with the Office of the Migration Agents Registration
Authority (Office of the MARA). Further information on migration agents is available from MARAs
website www.mara.gov.au
The following people can help you with your application and do not have to be a registered migration
agent to provide immigration assistance, but they should not charge a fee for their service. Exempt
persons include:

a close family member (spouse, de facto partner, child, parent, brother or sister);

a member of parliament or their staff;

an official whose duties include providing immigration assistance (e.g. Legal Aid provider);

a member of a diplomatic mission, consular post or international organisation.

To appoint a migration agent or one of the people listed above, you should complete Part B of the
application form. Your migration agent/exempt person should complete form 956 Advice by a
migration agent/exempt person of providing immigration assistance. Form 956 is available from the
immigration departments website www.immi.gov.au/allforms/
Completing this form means that the immigration department will contact the person you have
authorised instead of contacting you if you give the immigration department permission to do so.

How will I receive communication about my application?

The immigration department may use a range of means to communicate with you.

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If you appoint a migration agent or exempt person (a person listed above), the immigration
department will usually take it that you mean for your migration agent or exempt person to receive
documents and communication with the immigration department. However, you have the option of
directly receiving communication with the immigration department and even if you appointed an agent
to receive documents on your behalf that does not prevent you from contacting the immigration
department.
You may authorise another person, in writing, to receive written communications on your behalf even
if that person is not a registered migration agent. This person is called the authorised recipient, but
unlike a registered migration agent or exempt person they cannot give immigration assistance. All
written communication about your application will be sent to your authorised recipient, unless you tell
the immigration department that you want specific information sent directly to you including your
health and/or character information. When the immigration department sends documents to your
authorised recipient, the immigration department treats this as if documents have been sent to you.
To appoint an authorised recipient you should complete Part B of the application form and form 956A
Appointment or withdrawal of an authorised recipient. Form 956A is available from the immigration
departments website: www.immi.gov.au/allforms/
You can also stop a migration agent, exempt person, or other authorised recipient from receiving
communications about your application by using the same form.

How do I report changes in my circumstances?

If your circumstances change after you lodge your application (for example, you have a new
residential address, a new passport, or a pregnancy, birth or death in your family), you must notify the
immigration department of the new circumstances. Form 1022 Notification of changes in
circumstances is the best way to do this. Form 1022 is available from the immigration departments
website: www.immi.gov.au/allforms
You can use the following forms:

Change of address and/or passport details if you move to a new address or change your
passport use Form 929 www.immi.gov.au/allforms/pdf/929.pdf

Notification of changes in circumstances if there are other changes in your circumstances

use Form 1022 www.immi.gov.au/allforms/pdf/1022.pdf

Failure to give a current valid residential address with your visa application will result in your
application being invalid. A post office box will not be accepted as your address.

How can I provide additional information?

If you have new information related to your application, you should send it to the immigration
department as soon as possible so that it can be considered as part of your application. A decision
on your application will be made on the basis of all information you provide to the immigration
department.
If you think you have given an incorrect answer on your application, you must notify the immigration
department and provide correct information by completing form 1023 Notification of incorrect answers.
Form 1023 is available from the immigration departments website www.immi.gov.au/allforms/

Will I need health, character and security checks?

After you have lodged the protection visa application, you will be asked to participate in health and
character checks. Some people will also be asked to undertake a security check.

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All protection visa applicants must have a medical examination that usually includes a chest x-ray, in
order to identify and treat any public health concerns. This will protect your health and the health of
the Australian population. If you are unwell and have agreed to undertake any required treatment,
this will not prevent you from being granted a protection visa.
To avoid delays in processing your application, it is important that you satisfy all required checks and
provide any additional information that is requested as soon as possible.

Where do I lodge the protection visa application?

You can lodge your protection visa application at any of the immigration departments offices. You
should provide your certified passport sized photo at this time. Any family members who are included
in your application should also attend with you to lodge the application.
If you cannot lodge your application in person, someone else (such as a migration agent) can lodge it
on your behalf or you can mail it to one of the immigration departments Onshore Protection offices.
Depending on where you live, your protection visa application will be processed in Sydney, Melbourne
or Perth.
When you lodge your application, you must pay the Visa Application Charge (VAC). To check what
the current charge is refer to the immigration departments website www.immi.gov.au/fees-charges
If you are in Queensland, the Australian Capital Territory or New South Wales you should address
your application to:
Onshore Protection New South Wales
The Department of Immigration and Border Protection
GPO Box 9984
Sydney NSW 2001
If you are in Tasmania or Victoria you should address your application to:
Onshore Protection Victoria
The Department of Immigration and Border Protection
GPO Box 241
Melbourne VIC 3001
If you are in South Australia, the Northern Territory or Western Australia you should address your
application to:
Onshore Protection Western Australia
The Department of Immigration and Border Protection
Locked Bag 7
Northbridge WA 6865

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