What are the criteria that would qualify me as a refugee and allow me to obtain the Onshore Protection visa in Australia?
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Answer by Kert Stavorn, Belmore 2192 NSW
- To qualify as a refugee you must satisfy the following requirements:
- that you have strong fear of being imprisoned or treated unfairly if you return to your country;
- that the fear is based on your race, religion, nationality or membership of a particular social or political group; and
- you are outside of your country of origin and unable to return back to your country out of that fear.
- You may also be granted Complementary Protection that makes you eligible for a Permanent Protection visa (subclass 866). To obtain this you must prove that if you were sent home to your home country you would be subjected to ‘significant harm’. This is defined as:
- arbitrary deprivation of life;
- imminent death penalty;
- torture; or
- cruel or degrading treatment.
- To be eligible for this visa you would have to be in Australia, prove that you fall under the definition of a refugee or have been granted Complementary Protection.
- You must also have entered Australia properly and cleared immigration channels.
- Finally you also have to pass the general character and health requirements.