Look, eight years is a long time to fight for your life. That is how long our client waited before we won his protection visa case in the Federal Court on 23 December 2024.
Two refusals. Two reviews. Years of uncertainty. And then, finally, the result he needed.
Here is what happened and why it matters if you are facing a similar situation.
Fleeing the Taliban: The Background
Our client arrived in Australia in 2013 as an unauthorised maritime arrival. He had fled Pakistan after being released by the Taliban. He was not running from poverty or seeking opportunity. He was running because staying meant death.
In 2016, he applied for a Temporary Protection (Subclass 785) visa. He provided certified evidence of his circumstances, a psychological report showing severe trauma from his ordeal, and medical records confirming ongoing anxiety and depression.
Everything was documented. Everything was real.
The Department Interview That Changed Everything
Here is where it went wrong.
At his interview in September 2019, the effects of his medication and his mental health condition made it difficult for him to articulate his claims. Trauma does that. Medication does that. He was not performing well under pressure, and in these interviews, performance matters.
He requested a second interview. The Department refused.
In February 2020, his visa was refused. According to the Department, he did not meet Australia's protection obligations. In April 2020, the Immigration Assessment Authority affirmed that decision.
Two strikes. But not out.
What We Found When He Came to Us
He came to our team in June 2024. Within six months, we had overturned the decision in the Federal Court.
The evidence was always there. The problem was how the previous decisions had handled it. We identified legal errors in both the Department's reasoning and the IAA's review. The legal arguments had not been properly framed. The medical evidence had not been given the weight it deserved.
Protection cases are won or lost on legal technicalities as much as on the facts themselves. You need someone who knows where to look.
Why Protection Visa Refusals Are Different
Protection visa cases carry stakes that other visa types do not. If your partner visa is refused, you face separation and heartache. If your protection visa is refused, you may be returned to a country where you face persecution, imprisonment, or worse.
There is no second application. There is no "try again next year." The appeal pathways are your only options: the IAA, the Federal Circuit Court, the Federal Court. Each has different requirements, different timeframes, and different legal tests.
Miss a deadline and you may have no options left.
Act Now If You Have Been Refused
If your protection visa has been refused, do not wait. Appeal deadlines are strict. The longer you delay, the fewer options you have.
Our client fought for eight years. You should not have to. Book a consultation and let us assess where you stand and what can be done.
This article provides general information only and does not constitute legal advice. For advice on your specific circumstances, book a consultation.
