Protection Visa Lawyers for Indian Citizens in Australia

Protection Visa Lawyers for Indian Citizens in Australia at My Migration Lawyers act for people from India who fear returning home and who want to apply for a Subclass 866 protection visa while they are in Australia. The firm is led by Principal Lawyer Weiwei Zhang. It acts from the first consultation to the Department's decision, and at the Administrative Review Tribunal if the application is refused.

This page explains what the Protection Visa Lawyers for Indian Citizens in Australia at My Migration Lawyers actually do. It covers the issues that make Indian claims difficult, how the first consultation works, the work done at each stage, how fees are agreed, and what to check before instructing anyone. The law itself is explained in the definitive guide to the Subclass 866 protection visa, and the firm's general protection practice is described on the protection visa lawyers page.

Does My Migration Lawyers act for Indian citizens in protection visa matters?

Yes. My Migration Lawyers acts for Indian citizens in Subclass 866 protection visa matters in every state and territory, led by Principal Lawyer Weiwei Zhang.

Clients come from many parts of India and from many backgrounds. Some are students who came to study and later found that return had become unsafe. Some are parents or relatives who came as visitors. Others came on work or partner visas, or are already on a bridging visa after an earlier application. The firm's role is the same in each case. It assesses whether the person has a genuine protection claim, and if they do, it prepares and runs the application on their behalf.

Protection Visa Lawyers for Indian Citizens in Australia are instructed for one reason. A protection visa is decided on the applicant's own evidence, tested closely by an experienced decision maker, and there is usually only one chance to get it right in Australia. The Subclass 866 protection visa page explains the visa itself.

Why do Indian applicants need a protection visa lawyer?

Indian applicants need a protection visa lawyer because Indian claims face particular objections that a general account of events does not answer. The Department often accepts that something bad happened in India but still refuses the visa.

The issues that Protection Visa Lawyers for Indian Citizens in Australia deal with most often are these:

• State protection. India has police forces in every state, functioning courts and laws against most forms of violence. The Department often finds that the applicant could seek help from the police or the courts. The firm gathers evidence of what happened when the client or their family went to the police, or why going to the police was useless or dangerous.
• Internal relocation. India is very large. Decision makers often find that the applicant could live safely in another state or city. The firm addresses why the person's persecutor could find them elsewhere, and why moving would not be practicable for that person.
• DFAT country information. The Department relies on the DFAT Country Information Report on India. The firm identifies what DFAT says about the client's group and answers it with more specific or more recent evidence.
• Private disputes. Many Indian claims involve family, caste, land or local political conflict. The firm identifies whether the harm is connected to a Convention reason, or whether complementary protection is the more realistic path.
• Delay. Many Indian applicants apply some time after arrival. The firm makes sure the reason for any delay is explained honestly in the client's own words.

These issues are explained in the country guide for Indian nationals. The role of Protection Visa Lawyers for Indian Citizens in Australia is to deal with them in the evidence before the Department raises them.

Which Indian claims does the firm act in?

My Migration Lawyers acts in the range of protection claims that arise from India, including religious, caste, family and political claims.

The claims Protection Visa Lawyers for Indian Citizens in Australia see include claims by Muslims and Christians who fear communal violence, converts who fear prosecution or attack in states with anti-conversion laws, couples in inter-caste or inter-faith marriages who fear honour-based violence, women who fear family or dowry violence, people caught in local party violence, and people with claims connected to Punjab or Kashmir. The firm also acts for LGBTI clients from India.

Protection Visa Lawyers for Indian Citizens in Australia also see many enquiries from people who do not have a protection claim at all. A person who wants to stay in Australia to work, to finish a course or to remain near family does not meet the test. The firm tells that person plainly, in writing, before any application is made.

Each of these claims needs different evidence. A claim about an inter-caste marriage may turn on the reach of the family and the attitude of the local police. A conversion claim may turn on the law of a particular state and the person's genuine faith. The firm's first task is to identify which of these, if any, genuinely applies. The page on religious persecution and the page on complementary protection explain two of the legal frameworks involved.

How does the firm answer state protection and relocation findings in Indian claims?

The firm answers state protection and relocation findings with evidence about the client personally, not with general reports about India. A general report that the Indian police are corrupt, or that honour killings occur, will rarely persuade a decision maker on its own.

In practice, Protection Visa Lawyers for Indian Citizens in Australia at My Migration Lawyers work through a set of questions with the client:

• Who is the persecutor, and how far do they reach? A family with relatives across several states, a caste group with political influence, or a party with networks in the police can find a person far from home. The firm records these facts in the client's own account.
• What happened when the police were approached? A complaint that was refused, a First Information Report that was never investigated, or police who told the family to settle the matter privately is direct evidence. So is a reason why no complaint was made.
• Could this person actually live elsewhere in India? Language, religion, caste, gender, health, family support, work and the need to register identity details for housing and services all bear on whether relocation is practicable for that person.
• What does DFAT say, and what is more recent? The firm identifies the DFAT paragraphs the Department is likely to rely on and puts more specific or more recent material beside them.

This is the part of an Indian claim on which Protection Visa Lawyers for Indian Citizens in Australia spend the most time, because it is where many Indian claims are decided.

How does the first consultation with Protection Visa Lawyers for Indian Citizens in Australia work?

The first consultation is requested online, held by video, and followed up by email. The client does not need to travel to an office to meet Protection Visa Lawyers for Indian Citizens in Australia at My Migration Lawyers.

A person who wants advice completes the consultation request form on the book a consultation page. The firm replies by email to arrange the consultation. The consultation itself is held by video, so clients in Sydney, Melbourne, Adelaide, Perth, Brisbane and regional areas are advised in the same way. The firm's city pages, such as protection visa lawyers in Melbourne and protection visa lawyers in Sydney, explain how this works for each location.

What should an Indian client have ready?

An Indian client should have ready the documents they already have, and a short written timeline of what happened. They should not delay the consultation to collect documents from India.

Useful items include:

• the client's Indian passport, or a copy of it;
• any Australian visa grant notice the client still has, although the firm can usually confirm visa details itself;
• any documents from India the client already holds, such as a First Information Report, a police complaint, court papers, medical records, a marriage certificate, or messages and threats received;
• a short list of the main events, with approximate dates and places.

Protection Visa Lawyers for Indian Citizens in Australia do not expect a client to have everything at the first meeting. Many people leave India without papers, and some documents can only be obtained later, if at all. The firm advises on what is realistic to obtain and what is not needed.

Confidentiality, privilege and interpreters

What a client tells the firm is confidential. Communications made for the purpose of legal advice are generally protected by legal professional privilege. The Department also treats protection claims as confidential and does not disclose them to the government of the country the person fears.

Where a client is more comfortable in another language, the firm arranges a qualified interpreter. Indian clients may need Hindi, Punjabi, Gujarati, Tamil, Telugu, Malayalam, Bengali, Urdu or another language. The client can ask for a particular language or dialect, and can ask for a female interpreter where the claim is sensitive.

What do Protection Visa Lawyers for Indian Citizens in Australia do, step by step?

Protection Visa Lawyers for Indian Citizens in Australia at My Migration Lawyers take the matter from the first assessment to the decision, in a set order. Each step is explained to the client in writing.

Assessing refugee and complementary protection

The firm first assesses whether the client's circumstances fit the refugee test, complementary protection, or both. Many Indian claims involve a real threat from a family, a caste group or a local party, and the connection to a Convention reason must be examined carefully. Where the risk is personal and serious but the Convention link is weak, complementary protection may be the stronger basis.

Taking the client's own account

The client's account is the most important evidence in the application. The firm takes it from the client, with an interpreter if needed. It is the client's own evidence. The client reviews it, corrects anything that is wrong, and decides which claims are advanced. The firm then presents that account in the form the law requires. The guide to the protection visa statement of claims explains what an account must cover.

Country information and DFAT

The firm reads the DFAT Country Information Report on India for the client's group and region, and compares it with more recent material from sources such as the UK Home Office, the United States State Department, the United Nations and Human Rights Watch. Where DFAT describes a low risk for the client's group, the firm explains why the client's own profile places them at higher risk. For Protection Visa Lawyers for Indian Citizens in Australia, this often means showing that risk differs sharply between states and districts, and that a national average does not describe the client's home area.

Identity and nationality evidence from India

The Department must be satisfied of the applicant's identity and nationality. The Indian passport is the main document. An Aadhaar card, a birth certificate, school records and other Indian records can support it. Where documents are missing, the firm helps the client explain why.

Documents from India and family members

Documents from India are often the evidence that supports the client's account. They may include First Information Reports, court orders, hospital records, marriage and divorce papers, letters from a church, mosque or gurdwara, and statements from people who saw what happened. Protection Visa Lawyers for Indian Citizens in Australia advise which documents are worth obtaining, how a relative in India can send them safely, and how each document should be explained. Documents not in English are translated by an accredited translator. Decision makers are aware that false documents can be obtained in many countries, so the firm makes sure the client can explain where each document came from.

A spouse and dependent children who are in Australia can usually be included in the same application. The firm checks who should be included and whether any family member has claims of their own that should also be put forward.

Form 866 and lodgement

The firm prepares the Form 866 application and supporting documents, and lodges them online through ImmiAccount. It notifies the Department that it acts for the client by lodging a Form 956, so that correspondence comes to the firm.

Requests, invitations and the interview

After lodgement, the Department may ask for more information under section 56, or invite the client to comment on adverse information under section 57. The firm prepares the response. The guide to a section 56 request explains these requests. Most applicants are then interviewed. The firm prepares the client for the protection visa interview and can attend with them.

Interview preparation is not coaching. Protection Visa Lawyers for Indian Citizens in Australia do not tell a client what to say. The firm explains how the interview works, which issues the officer is likely to test, such as the attitude of the local police or the option of moving to another city, and why the client should answer in their own words and say plainly when they do not know or do not remember something.

What if the matter is urgent?

Urgent Indian matters are prioritised. A matter is urgent where a visa is about to expire, where the person is already unlawful, where the Department has made a decision with a deadline, or where the person is in immigration detention.

A person whose visa is about to expire should seek advice before it ends. A person who applies while unlawful may face different bridging visa conditions and a risk of detention. Protection Visa Lawyers for Indian Citizens in Australia can act quickly in these situations, but the options narrow as time passes. The page on urgent immigration lawyer advice explains what to do first, and the guide to bridging visas in Australia explains the bridging visa that usually follows an application.

What happens after the application is lodged?

After the application is lodged, the client usually holds a bridging visa while the Department decides it, and the firm remains the point of contact for the Department. The firm tells the client what the bridging visa allows and what its conditions are.

While the application is pending, Protection Visa Lawyers for Indian Citizens in Australia keep the evidence up to date. Conditions in India can change, and new threats, new court cases or new events in the client's home area should be put to the Department before the decision. The client should tell the firm about any change of address, any new document from India, any travel plans and any contact with Indian authorities, such as renewing a passport at an Indian consulate. Each of these can affect the claim. The firm advises on each one before the client acts.

Can the firm help after a protection visa is refused?

Yes. My Migration Lawyers acts for Indian citizens whose Subclass 866 application has been refused, by applying for review at the Administrative Review Tribunal within time and preparing the case for the hearing.

The time limit to apply for review is short and strictly applied. It runs from the date the client is notified of the decision. An Indian client who has received a refusal should send the decision to the firm immediately. Protection Visa Lawyers for Indian Citizens in Australia will read the Department's reasons, identify the findings that decided the case, such as state protection or relocation, and prepare evidence that answers them.

A person whose protection visa application has been refused while they are in Australia generally cannot make a further protection visa application unless the Minister personally intervenes under section 48B. That is why the review matters. The pages on protection visa refusals and appealing a refused protection visa to the ART explain the process.

How are fees and communication handled?

My Migration Lawyers charges a fixed fee for the work, agreed in a written costs agreement before any work starts. The client knows the fee for each stage before committing. Protection Visa Lawyers for Indian Citizens in Australia at My Migration Lawyers do not charge by the hour for this work.

The firm communicates with clients by email, so there is a written record of every instruction and every piece of advice. Clients of the Protection Visa Lawyers for Indian Citizens in Australia at My Migration Lawyers are advised by video wherever they live in Australia. The firm's office is at Level 1, 60 Martin Place, Sydney NSW 2000. More about the firm is on the about My Migration Lawyers page.

How to choose Protection Visa Lawyers for Indian Citizens in Australia

When choosing Protection Visa Lawyers for Indian Citizens in Australia, check that the person is authorised to give immigration assistance, that the fee is agreed in writing, and that no result is promised.

• Authorisation. An Australian lawyer must hold a current practising certificate. Registered migration agents are also authorised to give immigration assistance.
• Written terms. The scope of the work and the fee should be set out in writing before work begins.
• No promises. No one can promise that a protection visa will be granted. Anyone who promises a result, or who says a protection visa is a way to get work rights, should be avoided. An application without a genuine claim will be refused, and the section 48A bar will then apply.
• Honest advice. A good adviser will tell a client if they do not have a protection claim.

The guides on choosing a protection visa lawyer and when you need a protection visa lawyer explain these points in more detail.

How My Migration Lawyers acts as Protection Visa Lawyers for Indian Citizens in Australia

My Migration Lawyers acts as Protection Visa Lawyers for Indian Citizens in Australia for people who are already in Australia and fear returning to India. The firm deals with complex protection matters and acts in many Subclass 866 matters of this exact type, including religious, caste, family violence and political claims from India. It is capable of handling these matters from the first consultation to decision, and at review if the visa has been refused.

The work includes:

• Assessing the framework. Deciding whether the claims fit the refugee test, complementary protection or both.
• The client's own account. Taking the client's own account with an interpreter. It is the client's evidence, which they review and correct, and the client decides which claims are advanced.
• Country information. Engaging with DFAT country information on India and more recent sources.
• State protection and relocation. Addressing the two issues on which Indian claims most often fail.
• Form 866 and documents. Preparing the application and supporting documents, including records from India.
• Interview preparation. Preparing the client for the interview and attending where appropriate.
• Requests from the Department. Responding to requests under section 56 and invitations under section 57.
• Review. Applying to the Administrative Review Tribunal within time if the application is refused.

The firm is led by Principal Lawyer Weiwei Zhang. The protection visa lawyers page explains the firm's protection practice more generally.

If you are an Indian citizen in Australia and fear returning to India, book a consultation with My Migration Lawyers online, or call 1300 040 300.