These claims divide into two kinds and they are proved differently. Minority faith claims, where you were born into a group that is persecuted, turn on country conditions and on your identity within that group.

Conversion claims turn on whether a decision maker accepts that your change of belief is genuine. That second question is where almost every refusal comes from, and it is a question no document answers cleanly.
Australian courts have already had to intervene where tribunals tried to answer it by testing scriptural knowledge.
People praying with religious items on a wooden table, religious persecution protection claims
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How Claims Work

How Do Religious Persecution Claims Work

Short answer

Religion is a named Convention ground in section 36(2)(a). It covers holding a belief, changing one, practising it, refusing to practise another, and being identified with a faith whether or not you personally hold it. Where the refugee criterion is not made out, complementary protection may still apply and both should be argued.
The criteria sit in section 36 of the Migration Act 1958. The UNHCR has published guidance specifically on religion based claims, Guidelines on International Protection No 6, which addresses how genuineness should and should not be assessed. It is not binding in Australia but it is persuasive and it is worth citing.

You cannot be expected to conceal your faith, or to stop practising it, in order to avoid harm. That principle mirrors the position on sexual orientation and it applies here for the same reason. A person who would be safe only by pretending to be something they are not has not been made safe.

Eligibility at a Glance

You are in Australia and were immigration cleared on arrival
You hold a religious belief, or have changed one, or hold none
You face a well founded fear of persecution because of it
You cannot be expected to conceal or abandon your faith to be safe
State protection is not available to you
Relocation within your country is not reasonable
Complementary protection is argued in the alternative
You meet health, character and security requirements

Where Religious Persecution Claims Commonly Arise

The fact patterns repeat. Knowing which one you are in tells you what has to be proved and what the delegate will focus on.

Common religious persecution fact patterns

Situation
What the claim turns on
Conversion from Islam to Christianity
Whether the conversion is accepted as genuine, and the treatment of apostasy on return
House church membership
Genuineness, plus evidence of surveillance, raids and arrests of house church networks
Ahmadi Muslims
Identity within the community, and laws restricting how Ahmadis may describe their own faith
Baha'i
Identity, and systematic exclusion from education, employment and legal protection
Falun Gong practitioners
Genuineness of practice, and detention and treatment of practitioners
Christian minorities under blasphemy laws
Identity, accusation risk, and whether the state can or will protect
Leaving religion entirely
Whether apostasy or atheism attracts the same or greater risk than conversion
Conversion after arriving in Australia
Genuineness, whether the conversion is known at home, and whether the risk is real on return
Minority faith claims and conversion claims are proved differently. The first turns largely on country conditions and identity. The second turns on genuineness, which is where the difficulty lies. For the second pathway, see Complementary Protection
Which fact pattern you are in determines what has to be proved. That is the first thing to establish.
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Genuineness

How Is Genuineness of Belief Tested

Short answer

Badly, in a significant number of cases, and Australian courts have said so. The difficulty is real: nobody can look inside another person and verify belief. What decision makers do instead is look for external indicators, and where they substitute a knowledge quiz for that assessment they make an error.
Group holding hands in a circle, religious persecution protection visa claims

The Bible Trivia Problem

Australian courts have intervened where a tribunal has assessed a religious claim by quizzing an applicant on scripture. Where the questioning is directed at exposing what an applicant does not know, rather than at understanding what they believe, that is not an assessment of genuine belief. Where a refusal rests substantially on doctrinal questions answered wrongly, that reasoning is worth examining rather than accepting.

Knowledge Is Not the Same as Belief

A recent convert will not know what a lifelong believer knows, and a lifelong believer raised in a faith may know very little doctrine at all. UNHCR guidance is explicit that an unrealistic level of specialist knowledge should not be expected. Where a refusal rests substantially on incorrect answers to doctrinal questions, that reasoning is worth examining closely rather than accepting.

What Decision Makers Actually Look For

The externally observable. When and how the change happened, what prompted it, who was involved, what you attend and how often, who baptised you, what you do differently now, and who can speak to it from their own knowledge. A coherent personal account of a journey is worth considerably more than a correct answer about scripture.

Nothing Goes Back to Your Community

Nothing about your claim is communicated to your home government, your embassy, your family or your former religious community. Country information is drawn from published sources. Your file is protected by the Privacy Act, and everything you tell a lawyer here is covered by legal professional privilege.
A refusal built on a knowledge quiz is legally vulnerable. That is worth identifying precisely rather than describing generally.
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Get Clear Answers on Your Visa Options

Send us the details of your situation. One of our migration lawyers will review it and get back to you on what you can do next and what it involves.

Partner visas, protection visas, refusals and cancellations, ART review, judicial review, complex matters, corporate migration.

I came to this firm for help with my protection visa because I was very confused about the process. They listened to my situation carefully and explained what information and documents would be important. I feel much more comfortable having professional help with everything.

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Converted Here

What if You Converted After Arriving in Australia

Short answer

These are called sur place claims and they are entirely legitimate. A person who converts in Australia and would face persecution on return has a claim, even though they were in no danger when they left. What changes is that the delegate will scrutinise timing, and the application has to meet that head on.
Friends arm in arm outdoors, religious persecution protection visa Australia

Sur Place Claims Are Valid

A claim arising after you left is recognised in law. You do not have to have been fleeing when you came.

Timing Will Be Scrutinised

A conversion shortly after a visa refusal invites suspicion. That has to be addressed rather than hoped past.

Motive Is Not Fatal

Even a conversion that began for mixed reasons can be genuine now. The question is present belief, not what started it.

Whether It Is Known at Home Matters

How the authorities or your family would learn of it goes directly to whether the risk is real.

Online Activity Counts Both Ways

Social media posts and baptism videos can evidence the conversion and can also be how it becomes known.

Time Since Conversion Helps

A sustained practice over years is far more persuasive than a recent one, and it accumulates while an application is pending.

The Question Is Risk on Return, Not Why You Converted

A decision maker may be sceptical about motive and still be required to grant the visa, because the legal question is what would happen to you if you were returned. Where apostasy attracts serious harm regardless of how the conversion came about, that is the point the submission has to drive at. Motive goes to genuineness. Genuineness goes to risk. Risk decides the case.

How Long It Stays Valid

Where a conversion is recent, time is genuinely on your side. Applications take a long time to decide and reviews take years. Sustained attendance, deepening involvement and a growing body of people who can speak to your practice all accumulate during that period, and all of it can be put before the decision maker.
Converted after you arrived? The claim is valid and the timing question is answerable.
MML
Witnesses

Who Can Give Evidence About Your Faith

Short answer

The single most valuable evidence on a conversion claim is a person who knows you and can say so. A minister, pastor or elder who has observed you over time, in writing and preferably in person at any hearing, carries more weight than any other document you can produce.

Application charge

$

50

The same as any protection visa. There is no separate charge for a religious claim.

Convention grounds

5

Religion is one of them, and it is named expressly in the definition.

Strongest evidence

1

A minister or leader who knows you personally and will give evidence.

Witness evidence on a religious persecution claim

Who
What they can usefully say
Minister, pastor, priest or elder
How long they have known you, what they have personally observed, your involvement and their own view of your commitment
The person who baptised you
The circumstances, the preparation beforehand, and what they understood of your reasons
Congregation members
Regular attendance over time, participation, and conversations about belief
Small group or study leaders
Sustained engagement in a smaller setting, which is often more telling than attendance alone
Family or friends in Australia
The change they observed, and the reaction of family at home if they know
Family or contacts at home
Whether the conversion is known there, and what has been said or threatened as a result
A letter is useful. A person who will attend and answer questions is considerably better. Ask early, because ministers are busy and a hearing date may be years away. A witness who cannot attend, or whose account does not match yours, does more harm than no witness at all.

The letter should say what the writer knows from their own observation, over what period, and in what capacity. A generic reference confirming membership adds very little. One that describes what the writer has actually seen of you over two years adds a great deal.

The Department applies a 1.4% surcharge to online card payments, which adds approximately $164 to an $11,710 charge.

Department charges are set by the Department of Home Affairs and typically increase on 1 July each year. Use the Department's visa pricing estimator or the current visa pricing table to confirm the exact charge for your circumstances.
People raising their hands in a bright meeting room, protection visa legal fees
Get a written quote for professional fees before you commit to anything
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The Interview

The Interview on a Religious Claim

Short answer

You will be asked about your beliefs and your practice in detail. Expect questions about the journey rather than the doctrine, though doctrinal questions are still asked and you should be ready for them without treating them as the point.

What the interview usually covers on a religious claim

Area
What is asked about
The journey
What you believed before, what prompted the change, when it happened and who was involved
Practice
What you attend, how often, since when, and what you do differently now
Baptism or formal steps
When, where, by whom, and what preparation preceded it
Community
Who knows you, who could speak for you, and what role you play
Doctrine
Some questions will be asked. Answer what you know and say when you do not
Who knows at home
Family, community and authorities, and how they would learn or have learnt
The risk on return
What you believe would happen, from whom, and whether the state would protect you
Two people studying and praying together indoors, proving genuineness of belief
Answer what you know and say when you do not. A convert of eighteen months who claims comprehensive doctrinal knowledge is less believable than one who says they are still learning. Overclaiming is read as rehearsal, and rehearsal is read as fabrication.

The interpreter matters. Religious vocabulary does not always translate cleanly, terms carry different weight across languages, and an interpreter from your former faith community may not be neutral about a conversion. Raise any concern with the Department in advance.See The Protection Visa Interview.

If a line of questioning becomes a quiz rather than an inquiry, that is worth having a lawyer in the room to note at the time. It is far more useful on the record than raised afterwards.
Preparation is about accuracy, not doctrine. We take you through your own account before you go in.
MML
Who We Act For

Where Religious Persecution Claims Commonly Arise

Short answer

Claims arise wherever the state, or a community the state will not restrain, punishes people for what they believe. Nationality does not establish a claim and it never has. Every application is assessed on what that person personally faces on return.

The recurring patterns are apostasy laws, blasphemy laws, constitutional restrictions on how a minority may describe its own faith, surveillance of house churches, and communities where a family will act where the state does not.
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Bangladesh
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Cambodia
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China
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Colombia
Flag of Egypt
Egypt
Flag of Fiji
Fiji
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India
Flag of Indonesia
Indonesia
Flag of Iran
Iran
Flag of Lebanon
Lebanon
Flag of Malaysia
Malaysia
Flag of Myanmar
Myanmar
Flag of Nepal
Nepal
Flag of Pakistan
Pakistan
Flag of Russia
Russia
Flag of Singapore
Singapore
Flag of Sri Lanka
Sri Lanka
Flag of Vietnam
Vietnam
Not listed? It makes no difference. Nationality is not a criterion, and there is no country list that qualifies or disqualifies a claim.
The question is never the country alone. It is what happens to a person like you, in that place, now.
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Evidence

What Evidence Supports a Religious Persecution Claim

Short answer

Four things. Your account of the journey, evidence of practice over time, people who will speak for you, and country information on what happens to people in your position. On a conversion claim the first three are all directed at one question, which is whether the belief is real.

Your Account of the Journey

What you believed before, what prompted the change, who introduced you, what you struggled with, when you decided, and what it cost you. A convincing account of a religious journey contains doubt, difficulty and specifics. An account with none of those reads as constructed.

Evidence of Practice Over Time

A baptism certificate, attendance records, membership documents, photographs at services and events, course or study completion, and evidence of any role you hold. Duration is what persuades. Two years of consistent involvement carries far more than an intense recent period.

People Who Will Speak for You

A letter from a minister or leader describing what they have personally observed, over what period, in what capacity. Better still, someone who will attend a hearing and answer questions. This is the most valuable evidence available on a conversion claim.

Country Information

What the law provides for apostasy, blasphemy or minority status, and what actually happens in practice: prosecutions, detentions, house church raids, family and community violence, and whether police will act. Where the law is unenforced but families are not, that gap is the case.

Documents Commonly Required

A detailed personal account of the religious journey, in your own words
A baptism, confirmation or formal membership certificate
A letter from a minister, pastor or elder describing what they have observed
Confirmation that the witness will attend a hearing if one is listed
Attendance records, photographs at services and events, course completions
Evidence of any role, ministry or volunteering you undertake
Messages or statements showing your family or community at home knows
Evidence of threats, disownment or consequences already suffered
Country information on the law and on what happens in practice
Passport, identity documents and evidence of nationality
Accredited English translations of every document not in English
A submission arguing complementary protection in the alternative
Older woman holding a rosary, a supporting letter from your minister
Ask your minister early. A hearing may be years away and the letter should be written while memory is fresh.
MML
Refusals

Why Are Religious Persecution Claims Refused

Short answer

Almost always a finding that the belief is not genuine. Rarely a finding that the country is safe. On a conversion claim the delegate accepts that converts are persecuted and concludes that this particular applicant is not one. Several of the routes to that conclusion are legally vulnerable.
Church interior, common protection visa refusal grounds

Common Refusal Grounds

A finding that the conversion is not genuine, based substantially on doctrinal questions answered wrongly
An account of the journey treated as too general, with no doubt, difficulty or specifics
Timing, where the conversion followed a visa refusal and the sequence was never addressed
A generic church letter confirming membership and nothing more
A minister who could not attend, or whose account did not match the applicant's
An answer that overclaimed knowledge and was read as rehearsed
A finding that the conversion is not known at home, so no risk arises
A finding that the applicant could practise privately, which mirrors reasoning rejected elsewhere
Country information showing the law is unenforced, without regard to family and community violence
Complementary protection never argued in the alternative

If Your Claim Has Been Refused

Review rights generally apply to the Administrative Review Tribunal, which reconsiders the claim afresh and holds its own hearing. Where a refusal rests substantially on a knowledge quiz, or on an expectation that the applicant could practise privately, that reasoning is worth examining rather than accepting. Time limits are strict. See Protection Visa Refusal
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Speak To Our Lawyers

Get Clear Answers Before You Lodge

Send us the details of your situation. One of our migration lawyers will work through your account, identify who can give evidence, and frame the claim around what actually persuades.

The application charge is not refunded if the application is refused, so it is worth getting the assessment right before you pay it.

I came to this firm for help with my protection visa because I was very confused about the process. They listened to my situation carefully and explained what information and documents would be important. I feel much more comfortable having professional help with everything.

MML

Mariam K

Connect with our friendly team

1300 040 300
Or fill in the form & we'll call you
Thank you! Your submission has been received!
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The Process

How to Make a Religious Persecution Claim

Short answer

The application is the ordinary subclass 866, lodged through ImmiAccount, with the same $50 charge. What differs is that the evidence is directed almost entirely at one question, whether the belief is genuine, and that the strongest evidence on that question comes from other people rather than from documents.
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01

Get Advice Before You Lodge

Section 48A generally bars a second protection application after a refusal, so the first is effectively the only one. On these claims the framing decides a great deal.

02

Lodge While Your Current Visa Is Valid

This determines which bridging visa you get and whether you keep work rights. It is the most consequential timing decision in the process.

03

Write the Account of the Journey

Before, the change, who was involved, what you struggled with, and what it cost you. Doubt and specifics make an account believable. Certainty and generalities do not.

04

Ask Your Minister Early

A letter describing what they have personally observed, over what period, in what capacity. Ask whether they will attend a hearing. Do not leave this until a date is listed.

05

Gather Evidence of Practice Over Time

Baptism records, attendance, photographs, courses, any role you hold. Duration persuades more than intensity.

06

Address Timing Directly

If the conversion followed a visa problem, say so and explain it. An unaddressed sequence is read as opportunism whether or not it was.

07

Establish Whether It Is Known at Home

Messages, family reactions, threats, community responses. Whether the risk is real often turns on this rather than on the conversion itself.

08

Argue Complementary Protection in the Alternative

Where the Convention ground is not accepted, section 36(2)(aa) may still be. Both should be pleaded.

There is no separate application for a religious claim and no separate charge. See Protection Visa (866) for the application itself and The Protection Visa Interview for what happens next.
Ask your minister early and lodge with the evidence assembled, not intending to gather it later.
MML
Minority Faiths

Minority Faith Claims Are Proved Differently

Short answer

Where you were born into a persecuted minority rather than converting to one, genuineness is rarely the issue. Nobody suggests a person invented being Ahmadi or Baha'i or Rohingya. The claim turns on establishing your identity within the group and on country conditions.

Ahmadi claims turn on laws that restrict how members may describe their own faith, and on whether those restrictions genuinely interfere with religious identity. Baha'i claims turn on systematic exclusion from education, employment and legal protection. Falun Gong claims turn on detention and treatment of practitioners.

What is needed is documentary proof of membership where it exists, family records, community verification, and detailed country information on how that specific group is treated now. Generic reporting that a country has religious freedom problems will not carry a claim.

Delegates will also test whether the discrimination described rises to persecution. Harassment, social exclusion and disadvantage may not, on their own. Systematic denial of education, employment, legal protection and physical safety usually does, and that argument has to be made expressly rather than assumed.
Group of young people together, claims by people born into a persecuted minority
Born into a persecuted minority? The claim is proved differently and the evidence is different too.
Signing an agreement in an office, religious persecution protection visa lawyers
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How We Help

How My Migration Lawyers Assists With Religious Persecution Claims

Short Answer
‍
We draw out the account of the journey properly, secure the witness evidence that actually persuades, address timing before a delegate raises it, and prepare you for questions that will feel like a test of something no test can measure.
1

Identifying Which Kind of Claim You Have

A conversion claim and a minority faith claim are proved differently and need different evidence. Establishing which one you are in is the first thing we do, because everything else follows from it.
2

Drawing Out the Account of the Journey

What you believed before, what prompted the change, what you struggled with and what it cost you. A convincing account contains doubt and specifics, and it takes more than one session to draw out properly.
3

Securing Witness Evidence Early

A letter from a minister describing what they have personally observed, and a commitment to attend a hearing. We approach them early, because a hearing may be years away and a generic letter adds very little.
4

Advising Ministers on What to Write

Most letters we see confirm membership and nothing else. We explain what is actually useful: what the writer has observed, over what period, in what capacity, and in their own words.
5

Gathering Evidence of Practice Over Time

Baptism records, attendance, photographs, courses, roles held. Duration persuades more than intensity, and the record needs assembling rather than assuming.
6

Addressing Timing Head On

Where a conversion followed a visa refusal, that sequence has to be explained rather than hoped past. An unaddressed timeline is read as opportunism whether or not it was.
7

Establishing Whether It Is Known at Home

Whether the risk is real often turns on this rather than on the conversion itself. Messages, family reactions, community responses and how information travels.
8

Country Information on Law and Practice

What the statute provides for apostasy, blasphemy or minority status, and what actually happens: prosecutions, raids, family violence, and whether police will act.
9

Minority Faith Identity Evidence

For Ahmadi, Baha'i, Falun Gong and other minority claims, documentary membership proof, family records and community verification, plus country reporting specific to that group.
10

Arguing That Discrimination Rises to Persecution

Systematic denial of education, employment, legal protection and safety is different from social disadvantage. That argument has to be made expressly, with evidence.
11

Interview Preparation

We take you through the areas the delegate will cover, including doctrinal questions, and prepare you to answer accurately without overclaiming knowledge you do not have.
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Attending the Interview With You

If a line of questioning becomes a quiz rather than an inquiry into belief, we note it at the time. That is far more useful on the record than raised afterwards.
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Arguing Complementary Protection in the Alternative

Where the Convention ground is not accepted, section 36(2)(aa) may still be. Both are pleaded rather than one.
14

Identifying Errors in a Refusal

Reasoning that rests on doctrinal questions answered wrongly, or on an expectation that you could practise privately, is legally vulnerable. On review that is a stronger position than a disagreement about weight.

What Working With Us Looks Like

Lawyers, not agents

Your matter is handled by Australian lawyers, and everything you tell us is covered by legal professional privilege.

Nothing is reported

We do not report to the Department, and nothing you tell us reaches your family, your former community or your home country.

Fees quoted in writing

You know the professional fee before you engage us. The Department charge of $50 is paid by you directly.

One firm from start to finish

The same team runs the assessment, the statement, the lodgement, the interview and any review. Nothing is handed off midway.
The evidence that persuades comes from other people. Start gathering it before anything is lodged.
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After the Grant

What Happens if the Claim Succeeds

Short answer

You are granted the ordinary permanent subclass 866, the same visa as any other successful protection applicant. Permanent residence from the day of grant, full work and study rights, Medicare, government support, a five year travel facility and a pathway to citizenship.

The travel facility does not extend to the country you sought protection from. On a religious claim that matters particularly, because family pressure to return for a funeral, a wedding or an illness is common and returning can put the visa at risk. Get advice before booking anything. Family members outside Australia may be able to be proposed under the humanitarian program, which is a separate process. See Protection Visa (866)
Preacher leading a congregation in prayer, subclass 866 protection visa
Permanent from day one, and a country where what you believe is your own business.
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Questions

Religious Persecution Frequently Asked Questions

Answers to the questions Indonesians applicants ask most often. See also our 30 protection visa FAQs and 30 LGBT protection visa FAQs.

Can I Get a Protection Visa for Religious Persecution

Yes, where you face a well founded fear of persecution because of your religion. Religion is one of the five Refugees Convention grounds and it is named expressly. It covers holding a belief, changing one, practising it, and holding none at all.

How Do I Prove My Conversion Is Genuine

Through the account of your journey, evidence of practice over time, and people who will speak for you from their own observation. A minister who has known you for two years and will attend a hearing is worth more than any document.

Will I Be Asked Questions About the Bible

You may be. Some doctrinal questions are usually asked. Answer what you know and say when you do not. Australian courts have intervened where a tribunal has assessed a religious claim by quizzing an applicant on scripture rather than assessing what they actually believe.

What if I Do Not Know Much About My New Religion

That is expected of a recent convert and it is not fatal. UNHCR guidance is explicit that an unrealistic level of specialist knowledge should not be required. Overclaiming knowledge you do not have is far more damaging than admitting you are still learning.

Can I Claim if I Converted After Arriving in Australia

Yes. These are called sur place claims and they are entirely valid. You do not have to have been in danger when you left. The delegate will scrutinise timing, so the sequence has to be explained rather than left unaddressed.

Does It Matter Why I Converted

Motive goes to genuineness, and genuineness goes to risk. Even a conversion that began for mixed reasons can be genuine now. The legal question is what would happen to you on return, not what first led you to the faith.

Do I Need a Letter From My Church

It helps considerably, but the content matters more than the fact of it. A letter confirming membership adds little. One describing what the writer has personally observed, over what period and in what capacity, adds a great deal. A witness who will attend is better still.

Can I Be Told to Practise My Religion Privately

No. You cannot be expected to conceal or abandon your faith in order to avoid harm. A person who would be safe only by pretending to be something they are not has not been made safe, and reasoning of that kind is worth examining closely.

Does My Family Have to Know About My Conversion

Not necessarily, but whether the conversion is known at home often decides whether the risk is real. Where nobody knows, the submission has to establish how it would become known on return, which is frequently possible.

What About Minority Faith Claims Like Ahmadi or Baha'i

They are proved differently. Genuineness is rarely disputed. The claim turns on establishing your identity within the group and on detailed country information about how that specific group is treated, including whether the discrimination rises to persecution.

Will the Department Tell My Family or Community

No. The Department does not contact your home government, your embassy, your family or your former religious community. Your file is protected by the Privacy Act, and everything you tell a lawyer is covered by legal professional privilege.

What if My Claim Is Refused

Review rights generally apply to the Administrative Review Tribunal, which decides the claim afresh and holds its own hearing. Where a refusal rests substantially on doctrinal questions answered wrongly, that reasoning is worth examining. Time limits are strict.

MML
About the Reviewer

Who Reviewed This Page

Weiwei Zhang is an Australian lawyer practising exclusively in Australian migration law and is the Principal Lawyer at My Migration Lawyers. She reviews the firm's published legal guidance for accuracy.
Weiwei Zhang, Principal Lawyer at My Migration Lawyers

Weiwei Zhang

Managing Director and Principal Lawyer, My Migration Lawyers
Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Weiwei Zhang is an Australian lawyer practising exclusively in Australian migration law and is the Principal Lawyer at My Migration Lawyers. She reviews the firm's published legal guidance for accuracy.
Last Reviewed
16 September 2026
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