Case Study: Successful Protection Visa Application Following Political Persecution Claims

Overview

Trio Lawyers acted for a client in a successful application for a Protection (subclass 866) visa in Australia. The application was founded on a well-founded fear of persecution arising from the applicant's political associations and pro-democracy activism, and her visible public association with a prominent overseas-based activist wanted under her home country’s National Security Law (NSL).

Successful Protection Visa Application Following Political Persecution Claims: Background

Our client originally entered Australia on a Working Holiday visa. Following the expiry of that visa, and being unable to extend it due to age restrictions, she lodged an application for a Protection (subclass 866) visa in October 2019. While her application was being processed, our client held bridging visa status, and the matter proceeded through the Department of Home Affairs' assessment process over an extended period.

The Basis of the Protection Visa Claims

The applicant's claims centred on the risk of persecution she faced under her home country’s National Security Law, having regard to her political activism, her public and visible association with a prominent overseas pro-democracy activist facing a her home country’s National Security Law arrest warrant, and her participation in pro-democracy-aligned civic groups. The submissions made on her behalf referred to general country conditions in her home country, including the National Security Law's broad extraterritorial reach, the issuing of arrest warrants and bounties against overseas activists, and the ongoing deterioration of the human rights and political freedoms climate in her home country. These matters were said to place the applicant at heightened risk of surveillance, reputational harm, and legal action should she be required to return to her home country.

Trio Lawyers' Involvement in the Protection Visa Application

Trio Lawyers was engaged to act for the applicant partway through the process, in 2025, following a change of migration representation. Shortly after being engaged, the firm sought an extension of time from the Department of Home Affairs to respond to a Departmental Request for Further Information, given the need to obtain instructions and supporting material relevant to the claims. The firm subsequently prepared a comprehensive written submission on the applicant's behalf, addressing her political activities and activism, her risk profile if returned to her home country, relevant country conditions evidence, and the legal framework under section 36 of the Migration Act 1958 (Cth) governing the grant of protection visas.

Successful Protection Visa Application Following Political Persecution Claims: Outcome

Following consideration of the submission and supporting material, the Department of Home Affairs granted the Protection (subclass 866) visa, and our client became a permanent resident of Australia.

Our Experience with Protection Visa Applications

Trio Lawyers has experience assisting clients with complex Protection visa applications, including matters involving claims of political persecution, national security legislation in overseas jurisdictions, and evolving country conditions. If you or someone you know may have protection concerns and wish to discuss your circumstances, please contact our office for advice.