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Protection (subclass 866) Visa - Successful Grant

CASE TYPE

The Applicant has resided in Australia since 2020, when she fled from her home country due to their harsh treatment of LGBTQI+ persons in that country. The Applicant contracted Immigration Solutions Lawyers for the lodgement of her Protection (subclass 866) Visa based on this discrimination.

CASE BACKGROUND DIFFICULTY

We advised the Applicant that she would fall under the definition of refugee due to her genuine fear of persecution owing to her sexual orientation in her home country. In the application we demonstrated how the Applicant has faces and is at continued risk of facing serious harm and systematic discriminatory conduct due to her sexual orientation, and how even if she moved to another part of her home country, she would still face the same persecution and harm.

CASE STRATEGY

After receiving a s56 Initiation to Comment by the Department, we devised a Genuine Temporary Entrant Submission, and debated that the Applicant had substantial ties to his home country of the Philippines, which evidence his genuine intention to reside in Australia temporarily, on the basis that he requires psychological treatment. We also demonstrated this with calculated references to documentation and evidence, in order to fulfill his Genuine Temporary Entry Requirements.

CASE OUTCOME

The Department granted the Protection (subclass 866) Visa.

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