Overcoming Challenges in Applying for an In-Country Humanitarian Visa
Learn about the main challenges in applying for an in-country humanitarian visa and practical ways to overcome them with legal support.

The Protection Visa is known as Australia’s humanitarian visa for people in Australia whose human rights are being abused in their home countries. Even though the process is important, the steps involved can feel extremely hard to follow for at-risk individuals. Here, we study the primary difficulties applicants experience and share useful tips to help them get through them.

1. Being Recognized as a Refugee According to Law

Primary problem: One of the main steps is showing that you fulfill the federal law’s requirements for refugee status. This means providing solid reasons for fearing persecution due to race, religion, nationality, membership of a group or political opinion.

Work with an experienced immigration lawyer who will aid in explaining your case, collecting solid proof and submitting the presentation in the legal way. If you include testimonials, country reports and insights from experts, this will help your application a lot.

2. Acquiring Evidence That Builds Your Industrial Case

Problem: Many applicants are not able to provide necessary documentation because they had to leave as soon as they could and conflict resulted in loss of documents. It often becomes hard to confirm stories of persecution.

If there are no official papers, you may offer personal reports, statements by family or community people and reports from human rights agencies. Law specialists can find alternate sources of evidence that fulfill the requirements of the Department of Home Affairs.

3. The Issue of Language and Process Understanding

Many applicants have English as their second language and the words used in immigration processes are often overwhelming.

You can find help by visiting community legal centres or migration agents who support your language. Such needs can also be handled with translation or interpretation for written work and job interviews.

4. Mental Health and Experiencing Trauma

Post-traumatic stress, anxiety or depression brought on by past experiences of persecution may make it hard for an applicant to present their story in a clear and coherent way.

One solution is to use legal staff trained in trauma-informed care to help lower stress for the applicant. A medical or psychological evaluation can also be submitted when parts of the case unfold differently than described by witnesses.

5. Tight and Fixed Timeframes

Be aware that the time limit for applying for Protection Visa is very short if you held certain kinds of visa before.

 Make sure to talk to a lawyer as early into the suit as you are able to. Having a lawyer means you’ll know when you need to act and avoid making any errors. The guidelines may vary depending on the situation of the applicant.

6. History of Your Visa Conditions and Migration

Problem: If your entry visa was for a limited stay (without the ability to extend), filing for protection may not be open to you.

An immigration lawyer may discuss, based on the principle of non-refoulement, if there is any reason to waive these conditions or challenge them.

7. The hearing will consist of Interview and Tribunal Proceedings.

It can be hard for people not familiar with the law to go through the interview and review stages put on by the Department or AAT.

A lawyer should be present at these proceedings. With a lawyer, you’ll be prepared for what may happen, advocated for and your case parameters and values will be included in the argument.

How a Law Firm Offers Support

We realize that In-country humanitarian visa application process involve difficulties related to the emotions and legal system. Each member of our crew focuses on being kind, tactical and culturally aware in giving legal support.

Overcoming Challenges in Applying for an In-Country Humanitarian Visa

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