# 866 Protection visa



## madinasun123 (Apr 2, 2018)

Dear Experts and Members!

May i ask you advise if possible

Me and my partner de facto want to migrate to Australia. He is from Afghanistan and i am from other country and his parents are against our relationships. We are together almost three years.

We both are working and have Bachelor degrees. 

IS anyone aware about particular cases for this visa - for how long it is processed .Are there are any rejections?

I know we should be both in australia while applying for this visa...


Appreciated for your replies, thank you so much

Madina


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## kaju (Oct 31, 2011)

madinasun123 said:


> Dear Experts and Members!
> 
> May i ask you advise if possible
> 
> ...


Protection visas are possible only if you are found to have a well-founded fear of persecution for a Refugee Convention reason.

There are many visa refusals for this class of visa, and processing times can often be very long.

You would need to have a genuine fear, and a real chance, of suffering serious harm, (physical harm, may include death, torture, cruel or inhuman treatment including severe pain, or be unable to subsist, etc because of the persecution). You must not be able to relocate away from the problem area to another part of the country, and not be able to have State protection (eg Police) regarding the persecution and serious harm, etc. The well-founded fear of persecution must relate to one of the five Convention reasons (google).

The fact that you're apparently together and both working for the last 3 years might seem, superficially at least, to indicate that you're unlikely to face serious harm.

To apply for a Protection Visa you'd need to be in Australia. No-one but the Case Officer making the decision can tell you the outcome, but a MARA-registered Migration Agent may be able to help you decide whether this option may have any value for you.


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## madinasun123 (Apr 2, 2018)

kaju said:


> Protection visas are possible only if you are found to have a well-founded fear of persecution for a Refugee Convention reason.
> 
> 
> 
> ...


Thank you so much for this useful reply and for your time! Highly appreciated!

We are living in Malaysia temporarily but we do not have a future here as this country will never give us a permanent residence. His relatives once came here to find us and we even made one police report. We (especially me) afraid cause these people of a very old views..

Therefore we can not live in his country, also we can not be safe here as they easily can come here...We just want to go to Australia because they will never reach us there.They are uneducated people and i doubt they will ever receive visas. As for me and my fiancee, we both have degrees, professions and almost fluent english so we can contribute to the country.

Maybe we should try other refugee visas with less severe circumstances....?

Many thanks dear Moderator.


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## kaju (Oct 31, 2011)

madinasun123 said:


> Thank you so much for this useful reply and for your time! Highly appreciated!
> 
> We are living in Malaysia temporarily but we do not have a future here as this country will never give us a permanent residence. His relatives once came here to find us and we even made one police report. We (especially me) afraid cause these people of a very old views..
> 
> ...


I'm not a Migration Agent, and you need proper advice. There are no other refugee visas for Australia. But given your skills it might be worth looking at skilled migration to Australia. If you've been living defacto, of course only one of you needst o be the main applicant, the other can be a dependent.

It may be worthwhile to look here: https://www.homeaffairs.gov.au/Trav...e1406de93eb4&mode=change&focus=btnChangeQuery

and possibly here: http://www.expatforum.com/expats/au...-australia-what-you-need-know-read-first.html


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