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How likely is it that my girlfriend can get a protection…

How likely is it...

How likely is it that my girlfriend can get a protection visa for a threat of "honor killing" by her relatives in the middle east?

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

No, cause I'm in Australia

Lawyer's Assistant: Have you talked to a lawyer about the visa?

No

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Answered in 5 minutes by:
3/24/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,918
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Good Evening

A protection visa is for refugees.

In this case she is not a refugee.

How long have you known her?

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Customer reply replied 4 months ago
Hello Leon. I've known her for 3 years. She's in the US currently (as a student), and I'm on a 485 visa here in Australia. We're planning to get married soon, but marrying a non-muslim man is considered illegal where she is from - so she cannot return home. Her family has threatened her with violence, and there's a possibility of forced marriage. Is it possible to get a protection visa when she arrives in Australia due a "well founded fear of prosecution"?

Good Evening

It is not simple to say yes or no.

It all depends on the evidence that she has.

She has to show that she cannot return to her home country and that she is a refugee.

If she can show that then she has a chance of being granted the visa.

It is not going to be easy.

She has to arrive here legally before applying.

She has to meet the following requirements

According to the Migration Act 1958, refugees are people who are outside their home country and cannot return because they have a well-founded fear of persecution due to their:

  • race
  • religion
  • political opinion
  • nationality
  • membership of a particular social group.

Australia is obliged under the Refugees Convention to provide protection to refugees and to ensure they are not returned to any place where they are likely to face persecution for one of the five grounds under the Migration Act 1958.

Protection can also be provided to people who cannot be returned to their home country because they engage Australia's complementary protection obligations.

Look at the following link for more information that will assist

https://www.homeaffairs.gov.au/trav/visa-1/866-?modal=/Refugeeandhumanitarian/Pages/Protection-obligations.aspx

If she meets this then yes she will be granted the visa.

But each case is treated on its own merits,

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 4 months ago
Well technically, she can return to her home country but her marriage to me will not be recognized and will be considered invalid. And on top of that, the main threat is her family. "Honor killing" is treated as a misdemeanor by law there - punishing the assailant by giving them just 3 years in prison for murder. Is this enough reason to fear going back to her country?

Good Evening

She has to show that her life is in danger.

If she can convince that she will be persecuted because of her marriage they may grant it.

The link I have sent you is very detailed.

She has to show that if she returns she faces being killed.

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Customer reply replied 4 months ago
How would one go about proving that? Chat logs? But if we elope in secret, without communicating with her parents, we won't have any proof of their violent intent right? They have mentioned violent intent in conversations in the past, but that wasn't recorded.Is it enough to prove that the state will not interfere with family matters? They consider forced marriages, etc to be a family dispute and the govt does not intervene in such affairs. Even the punishment for honor killing is pretty lax.

Good evening

Anything that she has in writing from them would assist.

Threats on email texts etc.

She has to show that she is in danger.

If she cannot then she will not be able to prove the fear of persecution if she returns.

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Customer reply replied 4 months ago
Alright, thank you. Also I was wondering if it's possible to report to the AFP or DIBP about her parents potentially coming here to Australia to confront her and cause harm? Can her parents be barred from entering Australia if threats of violence can be proven?

Good Evening

If she is granted the visa she can make an application with the Courts to get an order about her fears.

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Customer reply replied 4 months ago
Thanks! If I'm not going with the protection visa option, can she visit me on a tourist visa and get married? I'm not an Australian citizen or Permanent resident, so this should be okay right? And after that, I was wondering if I can add her as a dependent on my 485 visa so she can live with me.

Good Evening

She can visit as a tourist.

You cannot sponsor her as you are not a permanent resident.

It is not going to be easy to add her now you have the visa and are here.

When she arrives you have to see a migration agent and they will be able to give you information about what other visas are an option for her based on her situation. I cannot do that from here.

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Customer reply replied 4 months ago
Thanks a bunch! Also, one last thing... I'm pretty sure her parents will file a missing persons report and INTERPOL will probably issue a worldwide notice. So if Australia finds her here, will they inform my girlfriend's parents about her whereabouts? Even if my girlfriend doesn't want them to know?

Good Morning

As she is an adult she can advise that she does not want them to know because of fears for her safety and they should not tell them anything.

All the best and good luck

Please do not forget to rate my work 5 stars so I can be paid for my work and continue providing my services.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,918
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
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