LGBTIQ+ Protection Visa Australian Migration Lawyers

Daniel Moya

Founder of Moya Migration Law

Request Free
15-Min Consultation

First Name *

Last Name *

Email *

Phone Number *

Message *

Our Services for Your LGBTIQ+ Protection Visa Application

LGBTIQ+ Eligibility Assessment

We assess your eligibility for a protection visa based on a well-founded fear of persecution due to your sexual orientation or gender identity.

Persecution Claim & Evidence Preparation

Our lawyers assist in preparing your detailed claim, gathering evidence of persecution or discrimination you face in your home country.

Comprehensive Application & Submission

We guide you through the entire application process, ensuring all requirements, including health and character, are met for your protection visa.

Request Your Free 15-Minute Consultation

We encourage a free 15-minute call to discuss your situation & map out a path to securing your LGBTIQ+ Protection Visa.

What Our Happy Clients Say

Hear directly from our successful learners.

Request Your Free
15-Min Consultation

Life in Australia with LGBTIQ+ Protection

A granted LGBTIQ+ Protection Visa allows you to live and work in Australia permanently, free from the fear of persecution. You gain access to essential services like Medicare and can pursue education with domestic student fee rates.

This visa offers long-term stability, including the ability to sponsor eligible family members and a pathway to Australian citizenship after meeting residency requirements. Securing this protection is a life-changing opportunity for safety and a new beginning.

What is an LGBTIQ+ Protection Visa?

Australia offers Protection Visas for LGBTIQ+ individuals who are in Australia and face genuine persecution, discrimination, or violence in their home countries due to their sexual orientation, gender identity, or expression.

This visa provides a pathway to safety and security, allowing those seeking asylum to live and work here, eventually gaining permanent residency. It recognises the severe challenges faced by many LGBTIQ+ individuals globally and reflects Australia’s human rights commitments.

Why Choose Moya Migration Law for Your LGBTIQ+ Protection Visa?

Seeking an LGBTIQ+ Protection Visa is a deeply personal and critical step. Moya Migration Law offers experienced, compassionate legal guidance, a client-focused approach sensitive to your unique situation, and strategic preparation of your protection claim.

Experienced in LGBTIQ+ Protection Cases

Our lawyers have a deep understanding of the specific persecution faced by LGBTIQ+ individuals and how to present these claims effectively.

Client-Focused & Empathetic Support

We provide personalised, confidential, and supportive guidance, understanding the sensitive nature of LGBTIQ+ protection visa applications.

Strategic Claim & Evidence Preparation

We develop tailored strategies to meticulously prepare your protection claim, gathering crucial evidence of persecution due to your identity.

Deep Knowledge of Refugee & Human Rights Law

Our profound understanding of protection visa criteria, refugee conventions, and human rights law ensures your case is expertly handled.

Request Your Free
15-Min Consultation

Our 5-Step LGBTIQ+ Protection Visa Application Process

Applying for an LGBTIQ+ Protection Visa is a significant journey towards safety. Moya Migration Law offers a clear, supportive process, guiding you with expert care from initial assessment to the final decision on your application.

1

Confidential Consultation & Eligibility Assessment

Our process begins with a confidential consultation to understand your unique situation and assess your eligibility for an LGBTIQ+ Protection Visa.

2

Strategic Claim & Evidence Preparation

We work closely with you to meticulously prepare your protection claim, gathering all necessary documentation and evidence of persecution faced.

3

Comprehensive Application Drafting

Our experienced lawyers draft detailed written submissions, clearly articulating your case and how you meet Australia’s protection obligations.

4

Application Lodgement & Department Liaison

We manage the entire submission process with the Department of Home Affairs and handle communications on your behalf, keeping you informed.

5

Ongoing Representation & Outcome Guidance

We advocate for you throughout the assessment, respond to any queries, and provide clear guidance on the decision and your future in Australia.

Countries where homosexuality is criminalised

In many countries, consensual same-sex relationships and diverse gender identities are criminalised, leading to severe societal persecution, discrimination, and even the death penalty based on sexual orientation or gender identity.

For LGBTIQ+ individuals fleeing such situations, these conditions can support a claim for an Australian Protection Visa.

Afghanistan

Bangladesh

China

Egypt

Eritrea

Ethiopia

Indonesia

Iran

Iraq

Kenya

Lebanon

Malaysia

Myanmar

Nigeria

Pakistan

Palestine

Papua New Guinea

Russia

Saudi Arabia

Somalia

South Africa

South Sudan

Sri Lanka

Sudan

Syria

Turkey

Yemen

Zimbabwe

Principal Lawyer Daniel Moya

Meet Daniel Moya, Your LGBTIQ+ Protection Visa Lawyer

Moya Migration Law is led by Principal Lawyer Daniel Moya, who personally and confidentially manages each client’s LGBTIQ+ Protection Visa application. With over two decades in Australian migration law since 2002, Daniel offers expert and compassionate guidance for those seeking refuge due to their identity.

Daniel is committed to providing clear, respectful advice and meticulously preparing your protection claim to secure your safety in Australia. He understands the profound importance and sensitivity of these cases. Daniel also offers legal assistance in Spanish.

Request Your Free
15-Min Consultation

Eligibility for LGBTIQ+ Protection

To be eligible, you must be in Australia and demonstrate a well-founded fear of persecution in your home country specifically because you are LGBTIQ+. This persecution must be serious and linked to your membership in this particular social group.

You’ll need to provide evidence of this risk and show that your home country’s government cannot or will not protect you. Meeting Australia’s standard health, character, and security requirements is also essential for this visa application.

Frequently Asked Questions about LGBTIQ+ Protection Visas

What is the difference between an LGBTIQ+ protection visa and a general protection visa?

An LGBTIQ+ Protection Visa is a type of protection visa specifically for individuals facing persecution due to their sexual orientation, gender identity, or expression. While protection visas cover many grounds, being LGBTIQ+ is a distinct basis for seeking asylum and permanent residency in Australia.

Who qualifies for an LGBTIQ+ Protection Visa in Australia?

To be eligible, you must be in Australia and prove a well-founded fear of persecution in your home country because of your LGBTIQ+ identity. You must also show your home government cannot protect you and meet Australia’s health, character, and security standards.

How long does it take to process an LGBTIQ+ Protection Visa?

Processing times typically range from 12 to 24 months but vary based on case complexity and Department workloads. Submitting a complete and accurate application with all required evidence is key to minimising delays.

What evidence is needed for an LGBTIQ+ Protection Visa application?

Strong evidence supporting your claim of persecution due to your sexual orientation or gender identity is crucial. This includes identity documents, reports of persecution/discrimination, witness statements, documents showing risk in your home country, personal testimony, and third-party support.

After lodging an ART appeal, if you are in Australia and hold a bridging visa, it will generally be extended, allowing you to remain lawfully in Australia while the ART processes your migration review. The ART will then review your case, may request further information or supporting documents, and will eventually schedule an ART hearing or, if possible, make a decision ‘on the papers’. This ART appeal process is a key step in challenging a visa decision.

Can I apply for an LGBTIQ+ Protection Visa if I'm in a de facto relationship?

Yes, individuals in de facto relationships (committed partnerships living together but not married) can apply. If you and your partner face persecution based on sexual orientation, you may be eligible, but you’ll need to provide evidence of your relationship.

Can I work in Australia while my LGBTIQ+ Protection Visa is being processed?

Generally, yes. Most applicants receive a bridging visa while their application is processed, which usually allows you to live and work in Australia without restriction. However, specific bridging visa conditions can vary.

Can I include family members in my LGBTIQ+ Protection Visa application?

Eligible dependent family members, such as your spouse or children, can usually be included in your application. They must also meet health and character requirements, and you’ll need to document your relationship.

The ART can make several decisions on your visa appeal: it can ‘affirm’ the Department’s decision, meaning the original visa refusal or cancellation stands. Alternatively, the ART can ‘vary’ the decision, ‘set aside’ the decision and substitute a new decision (for example, decide the visa should be granted), or ‘remit’ the matter to the DHA for reconsideration with specific directions. Understanding these potential ART decision outcomes is important for applicants.

What happens if my LGBTIQ+ Protection Visa application is refused?

If refused, the Department will provide reasons. You can usually appeal this decision to the Administrative Review Tribunal (ART) or, in some cases, the courts. Seek immediate legal advice to navigate the appeal process effectively.

What are the main benefits of a granted LGBTIQ+ Protection Visa?

It allows you to live, work, and study in Australia permanently, access Medicare, potentially sponsor family, travel for five years, and offers a pathway to Australian citizenship, providing safety and long-term stability.

Our Services

Administrative Review Tribunal (ART) Appeals ART Visa Appeals

Visa refused or cancelled? Don’t give up hope. Expert representation for your ART review to challenge the decision.

Visa Refusals

If your Partner Visa has been refused, Daniel Moya offers 20+ years of experience in achieving positive outcomes at the Tribunal.

Visa Cancellations

Facing visa hurdles like refusals, cancellations, or PIC 4020 issues? Get expert advice and management for your unique circumstances.

Partner Visas

Begin your journey to permanent residency. Expert support for all Partner Visa applications, navigating the complex system with confidence.

Protection Visas

Seeking asylum or facing persecution? Daniel Moya provides crucial guidance and strategic advice for complex Protection Visa applications.

Family Visa

Reunite with loved ones in Australia. Explore options for Parent, Child, Carer, and other Family Visas with clear, expert advice.

Citizenship

Ready to become an Australian citizen? Navigate the application requirements and process smoothly with experienced legal support.

Notary Public in Adelaide Notary Public

Need documents notarised in Adelaide for international use? We provide prompt, convenient, and reliable Notary Public services.

Court Appeals (Judicial Review) Judicial Review

Unfavourable Tribunal ruling? Challenge appealable errors in the Federal Courts with experienced legal guidance for Judicial Review.