Offshore and Onshore matters:

A number of visas are processed in Australia in specialised processing centres, which can on onshore or offshore. Offshore processing centres are situated outside of Australian borders on islands such a Nauru or Christmas island and are designed to cater towards ‘boat people’ who arrive into Australian waters through sea voyages which are often long, dangerous and risky.  There are often new processing centres being developed at any one time to deal with offshore maritime arrivals, such as in Malaysia and Papua New Guinea. Comprehensive legal advice from an experienced Immigration Lawyer may be advantageous if you are involved in a matter in which processing location is an issue.

Offshore processing exists because of a number of reasons, one of them being the "no advantage" principle whereby offshore maritime arrivals did not obtain faster processing than people who would be accepted as refugees under Australia's Global Special Humanitarian Program.  Every year a significant number of refugees arrive in Australian waters as boat people and it has is an ongoing and controversial issue in dealing with people who arrive by boat.

Sometimes there are family reunion concessions that apply for people who arrive through irregular maritime voyages- such as special treatment afforded towards children who require nurture and care for proper development. However, the Australian government is mindful to remove any incentive for people to embark on dangerous and irregular sea voyages. People who arrive under such circumstances should only be permitted to sponsor family members under the normal family reunion visa streams. Comprehensive legal advice from an Immigration Lawyer may be beneficial in understanding this controversial area of the law.

A valid protection visa application can only be provided to a refugee who satisfies the requirements of Migration Law and regulations.  In terms of boat people, it states that the person be an irregular maritime arrival; and the Minister has invited the person to make an application for a Refugee and Humanitarian visa; and the person indicates to an authorised officer that he or she accepts the invitation; and the authorised officer endorses, in writing, the person's acceptance of the invitation. An irregular maritime arrival is defined as a person who became an offshore entry person or was taken to a place outside Australia under migration law. There are different types of refuge status such as refugee visa, Global Special Humanitarian visa, Emergency Rescue Visa and Woman at Risk visa. The application process is required to be made in accordance with Migration Law and regulation.  It must be made either by post to the post office specified to the address specified by the Minister. Sound legal advice in from a skilled Immigration Lawyer may be of great assistance these applications.

The Minister must be satisfied that there are compelling reasons for giving special consideration to granting the applicant a permanent visa, having regard to the extent of the applicant’s connection with Australia; or factors such as the degree of persecution to which the applicant is subject in the applicant’ home country; and whether or not there is any suitable country available, other than Australia, that can provide for the applicant’s settlement and protection from persecution; and the capacity of the Australian community to provide for the permanent settlement of persons such as the applicant in Australia. Holistic legal advice in from an experienced Immigration Lawyer may be beneficial if you are involved in an offshore/onshore migration matter.

We can assist you with the processes involved in disputing adverse decisions relating to visas. We do not process Visa Applications. To book a consultation, please contact (02) 9233 4048 or send an email to info@navado.com.au. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.