Humanitarian Visa Lawyer: Protection and Refugee Visas
Australia's humanitarian program covers people already in Australia who need protection, and people overseas who face persecution or serious harm. Which visa you may apply for depends on where you are and how you came to be at risk.
Our migration lawyers prepare protection visa applications and offshore humanitarian applications, and act on refusals and reviews. Consultations are confidential, in Sydney, Melbourne or by video call, at a fixed fee.
- Fixed fees, agreed up front
- Offices in Sydney and Melbourne
- Video consultations Australia-wide
- Led by Principal Lawyer Tina Nematian
How we help with humanitarian visas
Protection visa (subclass 866) claims
For people already in Australia who fear persecution or serious harm if they are returned home. We prepare the application, the written statement of claims and the supporting evidence, and present the case against both the refugee criterion and complementary protection.
Learn moreOffshore humanitarian visas
The Refugee visa (subclass 200) and the Global Special Humanitarian visa (subclass 202) are for people outside Australia. The 202 requires a proposer in Australia, such as a close family member or an organisation. We advise proposers and applicants on the online application process and the evidence.
Learn moreBridging visas and lawful status
Many protection applicants hold a bridging visa while their claim is decided, and its conditions control work, study and travel. We explain what yours allows, what happens to it at each stage, and how to avoid becoming unlawful while you wait.
Learn moreCharacter and section 501 issues
A criminal history does not end every protection claim, but character refusals and cancellations under section 501 follow their own rules and very short time frames. We advise on the notice, the response window and the review rights that apply.
Learn moreRefused protection claims
A refusal letter usually comes with a short review deadline, and the Tribunal cannot extend it. We read the reasons with you, confirm what can be reviewed, and set out the realistic options before time runs out.
Learn moreART review applications
The Administrative Review Tribunal decides a refused protection claim again, on the merits, and can consider evidence the Department never saw. We prepare the review application, the submissions and the supporting material so they answer the actual reasons for refusal.
Learn moreJudicial review and further options
Where a decision may involve a legal error, the Federal Circuit and Family Court of Australia may be able to set it aside and send it back. The court does not redecide the visa, so the first question is whether an arguable error exists.
Learn moreMinisterial intervention requests
When the review options are exhausted, a request to the Minister may be the remaining avenue. The power is discretionary and there is no right to a decision, so the request and its supporting material need to meet the current ministerial guidelines.
Learn more
The humanitarian and protection visas, in general terms
Which visa applies depends mainly on where the person is when they apply. These are general descriptions only; the Department's pages linked below carry the full criteria.
- Protection visa (subclass 866). A permanent visa for people already in Australia who engage Australia's protection obligations, whether through a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership of a particular social group, or through complementary protection for a real risk of significant harm such as torture.
- Refugee visa (subclass 200). An offshore visa for people outside Australia who meet the refugee definition and are referred for resettlement under Australia's humanitarian program.
- Global Special Humanitarian visa (subclass 202). An offshore visa for people outside their home country who face substantial discrimination or human rights abuses, with a proposer in Australia: an Australian citizen, permanent resident, eligible New Zealand citizen or an organisation based in Australia. Applications are lodged online through ImmiAccount, with the proposer's and applicant's forms linked.
- Temporary Protection visa (subclass 785) and Safe Haven Enterprise visa (subclass 790). Temporary visas for people who engage Australia's protection obligations but are not eligible for the permanent Protection visa, each with its own conditions.
- Resolution of Status visa (subclass 851). A permanent visa for certain temporary protection and Safe Haven Enterprise visa holders.
Protection matters are decided on their own facts, and small details, such as dates, places and what you have said in earlier applications, often carry the case. That is why the statement of claims and the evidence behind it matter more than any form. Our guides explain how Australia assesses protection claims and the subclass 202 online proposal process.
How protection claims are assessed
Australia's protection framework has two layers. The first is the refugee criterion: a well-founded fear of persecution for one of the five Convention reasons. The second is complementary protection, for people facing a real risk of significant harm such as torture, even where no Convention reason fits.
Decision-makers test what you say against independent country information and against what you have said before, so consistency matters. A claim can also fail if your home government can and will protect you, or if you could live safely elsewhere in your country. Address both questions directly in your statement. Our protection claims guide walks through the tests and the evidence that carries weight.
Refusals, review and what can come after
A refused protection or humanitarian application is not always the end. A refusal made in Australia can often be reviewed by the Administrative Review Tribunal, which decides the case again on the merits. Deadlines are short, they run from when you are taken to have been notified, and the Tribunal cannot extend them, so act on the letter quickly. Our appeals service explains how we approach reviews.
After the Tribunal, the avenues narrow. Judicial review asks whether a legal error was made, not whether the outcome was fair. Later, ministerial intervention may be available: a discretionary power with no deadline and no right to a decision. Our ministerial intervention page sets out how requests work.
We cannot promise an outcome, and no lawyer can; we can set out your claims fully, keep your evidence in order and meet every deadline.
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Simplifying Immigration, Connecting Humanity.
Gwen Coghill
1 year ago
Tina and Deepika have guided me through, what felt to me, like a complex case.
They answered my endless questions with empathy and used terms I would understand. I was lacking confidence of the process at times, but I was reassured by both of them when needed. Overall a pleasure to work with. Thank you for getting me over every hurdle that popped up and managing to have all our visas granted in such a short amount of time. I am so glad that I found Tina again, I was also so pleased to find she had her own law firm from the last time we spoke. Very well deserved.
Reza
1 year ago
We had the pleasure of working with Tina and her team recently. My partner and I were in a very stressful situation due to a sudden change in our circumstances. Tina gave us a clear plan, spent enough time addressing our concerns, and kept us informed throughout the process. She and her team helped us effectively with my wife's visa within a very short timeframe. I would strongly recommend One Planet Migration Law.
Taraneh Kassiri
1 year ago
Tina’s help was indispensable when I began the process of moving to Australia. She helped my husband and I work through the paperwork and gain clarity on what was needed. Without her, the process would have been so much more difficult. We’re very grateful for her assistance, which she carried out professionally, responsiveness, clarity and joy
Josh
1 year ago
So great at their jobs. Absolutely a dream to work with. These people go above and beyond and as a Canadian lawyer myself, I cannot think of another time I've worked professionally with people who are so kind, diligent, and competent. I cannot recommend One Planet enough.
shaghayegh lotfi
1 year ago
I’m incredibly grateful to Tina Masrour, Deepika, and Rhel from One Planet for their outstanding support with my parents’ Subclass 600 Tourist Visa application. Thanks to their expertise, professionalism, and attention to detail, both of my parents received their visas with a smooth and successful outcome.
I truly appreciate their hard work, responsibility, and patience throughout the process. They were clear, responsive, and genuinely committed to helping us. I highly recommend One Planet Immigration to anyone in need of expert immigration assistance. Thank you again for everything!
Anton Jordaan
1 year ago
Appreciate the meeting with Tina. She is an experienced professional who thinks laterally, and methodically presented various visa application and success data in a way that guides and supports informed decision making.
Thivanka Silva
1 year ago
Figuring out the PR process felt really confusing, but One Planet Migration really helped me find the right way forward. Tina was super helpful and gave me so much useful information. If you're trying to understand the PR process and want great support, especially from someone as helpful as Tina, I definitely recommend One Planet Migration.
Mel
2 years ago
Thank you Deepika and Tina for assisting me all throughout my visa application. It's been a breeze and I am grateful.
Naim Smith
2 years ago
Tina Masrour and the team at One Planet Migration Law were a great resource in guiding us through our application for migration to Australia. From the initial consultation, to getting my qualifications recognized by Engineers Australia and submitting an expression of interest on our behalf they demonstrated exceptional knowledge of the immigration process, providing clear and accurate guidance at every step. They took the time to understand our unique circumstances and tailored their advice accordingly. I would highly recommend them to anyone considering migration to Australia.
Talk to a protection visa lawyer in confidence
Tell us where you are, what you fear and what letters you have received, and we will explain which pathways may be open and what the next step looks like. Consultations are confidential, in Sydney, in Melbourne or by video call, and you are welcome to bring a support person or an interpreter. Book a consultation with our migration lawyers.
Humanitarian and protection visas: our guides
Plain-English guides written by our lawyers. General information only, not legal advice for your situation.
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Frequently asked questions
What is the difference between a protection visa and a humanitarian visa?
A Protection visa (subclass 866) is for people already in Australia seeking asylum. Humanitarian visas, such as the Refugee visa (subclass 200) and the Global Special Humanitarian visa (subclass 202), are for people outside Australia referred or proposed for resettlement under the offshore humanitarian program. Where you are when you apply decides which group is open to you.
Who can apply for a Protection visa (subclass 866)?
People in Australia who engage Australia's protection obligations: in general terms, a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership of a particular social group, or a real risk of significant harm such as torture under complementary protection. Eligibility depends on your circumstances. Our protection claims guide explains the tests.
What is the Global Special Humanitarian visa (subclass 202)?
An offshore humanitarian visa for people outside Australia and outside their home country who face substantial discrimination or human rights abuses there. A proposer in Australia, an Australian citizen, permanent resident, eligible New Zealand citizen or an organisation based in Australia, supports the application. Both forms are lodged online through ImmiAccount. See our subclass 202 guide.
Can my family in Australia propose me for a humanitarian visa?
They may be able to, for the Global Special Humanitarian visa (subclass 202), if they are an Australian citizen, permanent resident or eligible New Zealand citizen. The proposer lodges their form first and the applicant links their application to it in ImmiAccount. Both sides are assessed, so check both before anything is lodged.
What happens if my protection visa application is refused?
A refusal made in Australia can often be reviewed at the Administrative Review Tribunal on the merits, with new evidence allowed. The deadline is short, runs from notification, and cannot be extended. If review is unavailable or finished, judicial review or a ministerial intervention request may remain. Bring the refusal letter to a lawyer promptly. See our appeals service.
What are the Temporary Protection and Safe Haven Enterprise visas?
The Temporary Protection visa (subclass 785) and the Safe Haven Enterprise visa (subclass 790) are temporary visas for people who engage Australia's protection obligations but are not eligible for the permanent Protection visa, generally because of how they arrived. The Resolution of Status visa (subclass 851) is a permanent visa for certain holders of these visas.
Do I need a lawyer for a protection visa application?
You are allowed to apply without one, and many people do. A protection claim turns on a consistent, detailed statement and supporting evidence, and review deadlines are strict. A lawyer can help set out your claims fully, gather corroborating material and prepare you for any interview. In a consultation we can tell you honestly which parts are worth getting help with.
What is ministerial intervention?
A personal, discretionary power of the Minister to grant a visa, generally considered only after a merits review has finished. There is no deadline, no obligation to consider a request, and no review of the outcome. A request needs to meet the current ministerial guidelines to have any prospect of being considered. Our ministerial intervention page explains how requests are prepared.
