LGBTIQ+ protection visa Australia

An LGBT protection visa is for individuals who are facing persecution due to their sexual orientation, gender identity, or expression. Individuals can apply for protection visas for many different reasons and being a member of the LGBT is one of them. This visa ensures that LGBT individuals who face discrimination, violence, or legal punishment in their home countries have a safe pathway to live and work in Australia, with the added benefit of permanent residency for those who qualify.

To be eligible for an LGBT protection visa, applicants must be in Australia and demonstrate a well-founded fear of persecution in their home country because of their sexual orientation or gender identity. This persecution must be due to membership in a particular social group, such as the LGBT community, and applicants must prove that they cannot seek protection from their home government. Additionally, applicants must meet the health, character, and security requirements of the Department of Home Affairs.

The processing time for an LGBT protection visa varies depending on the complexity of your case and the number of applications being handled by the Department of Home Affairs. On average, it can take between 12 to 24 months to process an LGBT protection visa. To minimise delays, it’s important to provide complete documentation and ensure that all required evidence is submitted with your application.

Applicants for an LGBT protection visa must provide strong evidence to support their protection claims of persecution based on their sexual orientation or gender identity. This can include identity documents, reports of persecution or discrimination in the home country, statements from witnesses, and any legal or governmental documents that show a risk to the applicant’s safety. Providing detailed testimony and third-party support, such as from human rights organisations or legal experts, can strengthen your case.

Individuals in de facto relationships can apply for an LGBT protection visa in Australia. A de facto relationship is a committed partnership where the couple lives together but is not legally married. If you and your partner are in a de facto relationship and face persecution based on your sexual orientation in your home country, you may be eligible for the protection visa. You must provide evidence of your relationship, such as joint finances, shared living arrangements, and social recognition.

In most cases, applicants for an LGBT protection visa will be granted a bridging visa while their application is being processed. A bridging visa allows you to live and work in Australia during the waiting period. This visa gives you the right to work without restriction and ensures that you can support yourself while your protection visa is under review. However, the conditions of your bridging visa will depend on the specific circumstances of your case, so it is important to consult with your Australian migration lawyer.

You can include eligible family members, such as your spouse or children, in your LGBT protection visa application. The protection visa process allows for family members who are dependent on you to be included, ensuring that they can also benefit from the protection granted by the visa. Each family member must meet health and character requirements, and you must provide documentation that shows your relationship with them, such as birth or marriage certificates.

If your LGBT protection visa is refused, you can appeal the decision. The first step is to review the reasons for the refusal, which the Department of Home Affairs will provide. An appeal can be lodged with the Administrative Appeals Tribunal (AAT) or, in certain circumstances, through the courts. It is essential to seek legal advice immediately if your visa is refused, as a lawyer can help you navigate the appeals process and potentially strengthen your case with additional evidence or arguments.