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Refugee or political asylum visa

Refugee or political asylum visa

 

If the applicant is in Australia and under the Australian Immigration Act, the applicant may be considered a refugee and may remain permanently in Australia if the applicant meets the following conditions.

 

Refugee definition: there are sufficient reasons for fear of being sanctioned to be unable or unwilling to return to the country of origin.

 

This definition is forward-looking, meaning that even if you don't have this fear when you leave your country of origin, you can apply for a refugee visa even when you come to Australia because of what's going on.

 

Or, when you were sanctioned in your country of origin, you didn't have that fear at the time, but when you arrived in Australia, you had the fear of being resanctioned and dared not return home, and you could apply for a refugee visa.

 

What is Australia's "sufficient reason":

 

1. Your fear is that you are a member of a particular race, that you have a particular religious belief, that you have a particular nationality, that you are a member of a particular community, or that you hold on to a particular political point of view. Any of these five reasons.

2. Any of these five reasons is sufficient to be sanctioned by the country of origin.

3. The sanctions involve severe harm and systematic discrimination.

4. You are likely to be sanctioned upon return to your country of origin.

5. This possibility applies to any region of your country of origin.

 

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Herald Legal provides legal advice to Chinese in Australia vx: heraldlegal3

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