How Can a Tourist Visa Holder Seek Asylum in Australia?
Are you a current traveller in Australia on a tourist visa and are interested in claiming asylum? It may seem as though claiming asylum is a complex and traumatic process; however, it is important to be aware of your options as well as your rights.In this blog, we will provide you with information about the process of claiming asylum as a tourist visa holder in Australia.
Requirements for Asylum Claims
To claim asylum in Australia, you must be:
in Australia: You must be present in Australia to claim asylum.
prejudice: You need to establish a well-founded fear of persecution on account of one of the following grounds:
- your race
- your religion
- your nationality
- membership in a particular social group
- your political opinion
The Asylum Process
The following are recommended mere steps to take to begin claiming asylum in Australia:
1. Apply for a protection visa:
You will be required to apply for a protection visa (subclass 866) with the Department of Home Affairs
2. Evidence documentation:
You will be required to provide evidence documentation to support your claim – including:
- your passports
- your birth certificates
- your identification photographs
- evidence of your claims of persecution
3. Interview:
You will require an interview conducted by a representative of the Department of Home Affairs and the support agencies.
Wait for processing:
Your application will be processed, and you’ll be notified of the outcome.
Rights and Responsibilities
As a temporary visa holder wishing to seek asylum, you have:
The right to apply for any visa:
You have the right to apply for any visa despite your visa status.
The right to seek legal representation:
You have the right to seek legal advice and bring a lawyer to your interview.
The responsibility to follow Australian rules:
You must obey Australian laws and regulations.
Problems and Challenges
There are problems and challenges when seeking asylum as a temporary visa holder:
Time restrictions:
You may have a limited amount of time to apply for a refugee visa.
Complex process:
Asylum applications are often complex and overwhelming.
Risk of detention:
You are at risk of detention if your application is refused.
Help and Support
If you want asylum protection in Australia, it’s important to ask for help and support:
Speak to a registered migration agent:
Registered migration agents are able to assist and give advice on your visa application.
Advice on legal aid:
You may be eligible for legal aid to assist with your application.
Refugee support:
Organizations, such as the Refugee Council of Australia, offer support and advice.
Conclusion
In conclusion, seeking asylum as a tourist visa holder in Australia can be a complex and challenging process. However, by understanding your rights and obligations, seeking help and support, and complying with Australian law, you can navigate the asylum process and potentially secure a protection visa.
