Permanent Protection Visa Granted for Elderly Venezuelan Woman With Dementia

Visa TypeSubclass 866

CategoryAll Cases

Case Summary

An 82-year-old Venezuelan woman on a tourist visa with a no-further-stay condition could not obtain a waiver. We successfully argued that she was a member of a particular social group — persons suffering from dementia — who would face persecution in Venezuela given the country's deteriorating humanitarian situation and lack of access to medical care.

Background

Our client was an elderly woman from Venezuela who had come to Australia to visit her daughter. Her tourist visa carried a condition 8503 (no-further-stay). The 8503 waiver was not available in her circumstances — she had a severe psychological health condition (dementia) and her only immediate family in Australia were Australian citizens. The only viable onshore pathway was a Protection Visa. She instructed us to pursue this route, with a ministerial intervention request as a fallback.

Challenges

8503 condition could not be waived in the specific circumstances, limiting available onshore options
Protection visa required establishing membership of a particular social group and risk of persecution
Applicant was 82 years old, suffered from dementia, and had no one to care for her in Venezuela
Required compelling legal submissions identifying the relevant protection grounds

How We Helped

We identified that the applicant could be characterised as a member of a particular social group — persons suffering from dementia — in Venezuela, and argued that this group would likely face persecution given the severe deterioration of Venezuela's humanitarian situation, including the dire shortage of medical equipment, food and medical care. We submitted that forcing the applicant to return to Venezuela would place her at real risk of serious harm given her condition and the absence of any carer.

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Key Success Factors

Identification of the specific protection visa grounds available on the facts — dementia as membership of a particular social group
Comprehensive legal argument addressing the deteriorating humanitarian situation in Venezuela
Evidence of the applicant's vulnerability and the absence of any care option for her in Venezuela
Attention to detail and the strength of the primary application avoiding the need for Ministerial Intervention

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Outcome

The arguments were accepted and the applicant was granted a Permanent Protection (Subclass 866) Visa.

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