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Immigration and refugees – frequently asked questions
What is a protection visa and how can I get one?
What if I came to Australia without a visa?
If I am an Australian resident will my family automatically qualify for a visa under family migration?
What do I have to do to qualify for skilled or economic migration?
Can I work in Australia if I have a protection visa?
How much does it cost to have a visa decision reviewed?
Can I complain if I think my migration agent hasn’t acted properly?
What is a protection visa and how can I get one?
Protection visas are for refugees who are already in Australia and want to stay.
To apply for a protection visa you must fill in an application form and explain why you cannot go back to your home country. Family members who are with you can usually be included on your application.
The Department of Immigration and Citizenship is the government department that will look at your application. The application fee is $30.
Get legal advice. A Victoria Legal Aid lawyer may be able to help you with your application.
If the government agrees that you are a refugee it will then provide you with a ‘protection visa’. A protection visa means you have permission to stay and live in Australia.
Related pages
Related websites
Department of Immigration and Citizenship – Visas, immigration and refugees
What if I came to Australia without a visa?
Get legal advice immediately. If you arrived in Australia without travel documents, or with false documents, you are at risk of being put in detention. You may be held in detention until you get a visa or are removed from Australia.
Contact Victoria Legal Aid or the Refugee and Immigration Legal Centre for legal information and advice.
Related pages
Related websites
Refugee and Immigration Legal Centre
If I am an Australian resident will my family automatically qualify for a visa under family migration?
Not necessarily. The exact categories of family members who can sponsor and how they can do so is complicated, and the rules need to be studied in detail if you want to use them. The rules change often, so get advice from Victoria Legal Aid, the Refugee and Immigration Legal Centre, or a registered migration agent to find out if these rules apply to you.
If you are sponsoring family members to migrate to Australia, you may have to guarantee that the person applying meets certain financial, age and residential conditions.
You also have to pay a Medicare (public health care) levy on their behalf. You may also be asked to repay any social security payments that are made to you family member in the first two years.
Related pages
Related websites
Refugee and Immigration Legal Centre
What do I have to do to qualify for skilled or economic migration?
There are a number of ways you can get a visa based on your skills or qualifications, including:
- passing the ‘points test’ for skilled migrants, which gives points for qualifications, work experience, English language skills and age (to pass the test it is usually necessary to have professional, technical or trade qualifications that are recognised in Australia)
- being nominated or sponsored because you have special skills in a particular field and those skills cannot be found in Australia – for example, if a company wants to employ you when you get here
- in some circumstances you can apply for permanent business visa categories.
Some people who have studied in Australia and have completed their course may apply for permanent residency.
These visa applications are expensive and complicated. You may need help from someone who is qualified and experienced in this area. The Law Institute of Victoria can refer you to legal practitioners who are specialists in immigration law.
Related websites
Law Institute of Victoria – Legal Referral Service
Can I work in Australia if I have a protection visa?
If you have a protection visa, you may be able to work. However, it's best to get legal advice about whether you can work, as you can be put in detention if you work without permission.
Contact Victoria Legal Aid or the Refugee and Immigration Legal Centre for legal information and advice.
Related pages
Related websites
Refugee and Immigration Legal Centre
How much does it cost to have a visa decision reviewed?
Migration Review Tribunal
There are costs for having a visa decision by the Department of Immigration and Citizenship reviewed by the Migration Review Tribunal. In most cases you have to pay a fee of $1400 when you apply.
The application fee will be refunded if the tribunal:
- makes a decision in your favour
- decides that your application is invalid
- decides to waive (remove) the application fee.
If you withdraw your application the Tribunal can only refund your application fee in very limited circumstances.
You may not have to pay the fee if the Registrar or an authorised Tribunal officer is satisfied that payment of the fee has caused, or is likely to cause, severe financial hardship.
Refugee Review Tribunal
There is no application fee to have a decision about a protection visa reviewed by the Refugee Review Tribunal. However, if your application is unsuccessful you will have to pay $1400 for each application lodged. There may be more than one person on an application.
Related websites
Migration Review Tribunal/Refugee Review Tribunal
Can I complain if I think my migration agent hasn’t acted properly?
Registered migration agents are required by law to comply with a code of conduct. The Migration Agents Registration Authority (MARA) handles complaints about the conduct of registered migration agents. MARA can’t help you with complaints about agents who are not registered.
If you are unhappy with the service you receive or you feel your agent has breached the code of conduct, you can lodge a complaint with MARA.
Where agents are found to be dishonest, incompetent or in breach of the code of conduct they can be cautioned or their registration can be suspended or cancelled.
MARA does not have the power to make the agent give you a refund, pay compensation or issue criminal penalties. It does not give legal advice.
Most complaints are handled within six months but may take up to 12 months.