If you fear persecution or significant harm in your country of origin, you may be eligible for an Australian Protection Visa.
Read our general information and document checklists in relation to Protection Visas below. Contact us directly for specific advice.
Protection (Subclass 866) Visa
Australia’s Refugee and Humanitarian program contains a number of visas which cater to offshore and onshore applicants Broadly speaking, obtaining these visas will require that you demonstrate that you meet Australia’s protection obligations.
For further information, see our Protection visa FAQs section or contact us directly.
Target Market
- refugees
- those who meet complementary protection criteria
Streams
- engage Australia’s protection obligations (or be a member of the same family unit of someone who does)
- have arrived legally in Australia on a valid visa
- meet identity requirements
- satisfy health, character and security requirements
Eligibility
Protection (Subclass 866) Visa
If you are in Australia, have arrived lawfully with a valid visa, and are seeking protection, you may be eligible to apply for a permanent Protection visa (subclass 866). In all cases, this is general information, and you should contact us or an immigration lawyer prior to making any decisions.
General eligibility
In summary, you may qualify for this visa if you are:
- currently in Australia and entered with a valid visa;
- seeking Australia’s protection as a refugee or under the complementary protection framework; and
- not barred from lodging a Protection visa application.
A permanent Protection (subclass 866) visa allows you to:
- stay in Australia indefinitely;
- work and study in Australia;
- enrol in Medicare, Australia’s health care scheme;
- apply for Australian citizenship once you are eligible; and
- sponsor eligible relatives for permanent residence.
You will not be able to travel to the country from which you have sought protection unless the Minister has approved the entry in writing.
Australia’s protection obligations
To engage Australia’s protection obligations, you must either:
- be a refugee or
- meet the “complementary protection” criteria.
What is a refugee?
The Migration Act 1958 defines a refugee as someone who is:
- outside their home country; and
- is unable, or unwilling, to return to their home country or to seek the protection of that country due to a ‘well-founded fear of persecution’.
Importantly, your ‘well-founded fear of persecution’ must be due to your:
- race;
- religion;
- nationality;
- membership of a particular social group; or
- political opinion.
Where a person fears persecution for one or more of the reasons outlined above, that reason must be the essential and significant reason for the persecution, the persecution must involve serious harm to the person, and the persecution must involve systematic and discriminatory conduct.
This fear of persecution must also relate to all areas of your home country. For example, you will not meet the definition of a refugee if you could escape this harm by relocating to a different city or province in your home country.
What is complementary protection?
If you do not meet the Act’s definition of a refugee, you may be granted a Protection visa on the basis of “complementary protection”, which covers Australia’s other international obligations. To engage Australia’s complementary protection obligations, there must be a real risk that you will suffer significant harm if you were to return to your home country.
You will be considered to suffer ‘significant harm’ if as a necessary and foreseeable consequence of your removal from Australia to your home country, you will be subject to:
- arbitrary deprivation of life;
- the death penalty;
- torture;
- cruel or inhuman treatment or punishment; or
- degrading treatment or punishment.
Documents
Protection (Subclass 866) Visa
The documents you need to provide with your application will depend on your particular circumstances, including (but not limited to) your family composition, your health and character, your identity and your personal circumstances as to how you meet Australia’s protection obligations. Your Hannan Tew adviser will provide you with a link to the Hannan Tew portal which will set out the specific documents required.
Identity
- scanned copies of your entire passport or travel document
Family relationships
- passport of each family member
- birth certificate of each family member (translated)
- if in a married relationship, a copy of your marriage certificate (translated)
- proof of dependency (if required)
Evidence for claims of protection
- Personal statement / Statutory Declaration
- Must link your fear to one or more Convention grounds (e.g. religion, political opinion, social group)
- Evidence of past harm or threats
- Police reports, medical records, photos, news articles, social media posts, witness statements
- Country information
- Reports from DFAT, UNHCR, Human Rights Watch, etc. supporting the situation you are fleeing from
- Membership evidence
- Proof of affiliation with political/religious/LGBTQ+ or other targeted groups (e.g. photos, membership cards, letters)
- Supporting statements
- Letters or statutory declarations from friends, family, or community members confirming your claims
- Evidence of ongoing risk
- Detailed account of why you fear harm if returned to your home country
- Threats received since leaving, harassment of family, refusal of consular services
Health and character
- Either an AFP clearance certificate (or evidence of an application for an AFP clearance certificate) made in the 12 months immediately before an application is made
- Health assessments
Process
Protection (Subclass 866) Visa
Hannan Tew will advise and guide you on the entire process from assessing eligibility to lodgement. We use an online document / information collection tool so that all your files and information are stored in one single location. You can use the Hannan Tew Portal to track the status of your matter and have a complete overview of documents required.
Before you apply
Before you apply, you should:
- assess and determine whether you meet the eligibility criteria (including in relation to health and character)
- decide whether to retain an Immigration Lawyer (such as Hannan Tew Lawyers) or Registered Migration Agent to help you fill out forms or provide you with advice in relation to your eligibility and desired outcome.
Gather your documents
The first step is to prepare all necessary documentation to ensure that the Department of Home Affairs (the Department) has all the information required to accurately assess your eligibility for the Protection visa (subclass 866). Please refer to the “Documents” tab for details.
All documents relevant to your Protection visa are uploaded online. Ensure all non-English documentation are translated into English.
Apply for the visa
The Protection (Subclass 866) visa application is completed and submitted online via ImmiAccount, a portal managed by the Department. You will need to:
- Log-in or create an ImmiAccount on the Department’s website
- Complete the visa application form
- Attach relevant documents
- Pay the visa application charges and lodge the application.
Ensure that all family members accompanying the main visa applicant are also added to your visa application.
After the application
The Department will send an acknowledgement letter (via email and/or the ImmiAccount portal messaging system) once your application has been submitted and received. You will then be requested to attend a biometrics appointment. If you do not attend this appointment, your application will be deemed invalid.
The Department do not publish standard processing times for the Protection (Subclass 866) visa.
No updates on the application will be provided during processing. If more information is required, this will be requested via email. You can read more about what to expect after your visa is lodged at our blog.
Be sure to advise the Department if there are any mistakes on your application, or if your personal circumstances change after you have applied.
As part of the assessment process, you may be invited to attend an interview with the Department. This is an important opportunity to discuss your claims in more detail and provide further clarification if needed. The invitation will usually include the date, time, and location of the interview, along with a list of documents you may need to bring.
Visa outcome
The Department will advise you of the outcome of your Protection (Subclass 866) visa application in writing.
If your visa application is successful, you will be provided a grant letter, which includes;
- your visa grant number;
- the date your travel facility starts and ends; and
- applicable visa conditions.
This visa is electronically linked to your passport, so you do not need a visa label or to attend any Embassy/Consulates. Retain an electronic copy of this grant letter for when you arrive, and whilst you live in Australia.
Applying for review of a visa refusal
If you are refused a visa, you will be advised in writing:
- the reason(s) for the unsuccessful application and
- whether you have a right to review the decision
It is vital that you read and understand the refusal notification clearly to understand the timeframe and means of appeal. You may be able to apply for a review of the decision by making an application to the Administrative Review Tribunal (ART).
The ART can reconsider an application for protection that has been refused by the Departmental delegate. If the ART decides that an applicant is a refugee or a person owed complementary protection in Australia, it will send the application back to the Department with a direction that the applicant is entitled to protection.
This does not mean that an applicant who receives a positive decision from ART will automatically be granted a visa. Other criteria must also be satisfied.
If your protection application has been refused by the Department, you only have a limited amount of time in which to apply to the ART for review. If you are unsuccessful with your initial visa application, you should consult an experienced immigration lawyer immediately.
While the Federal Circuit Court, the Federal Court and ultimately the High Court of Australia can review the legality of the decision-making process, an application to the ART is your last chance to have an independent body decide your claims for a protection visa on their merits.
You can find more information about the appeal process at our Visa Refusals and Review page.
Protection Visas
Frequently Asked Questions
Who is eligible to apply for a Protection (subclass 866) visa?
To be eligible for a Protection (subclass 866) visa in Australia, you must:
- Be in Australia when you apply and when the visa is granted;
- Be a “refugee” as defined by the Migration Act, or meet the complementary protection criteria due to a real risk of significant harm if returned to your home country;
- Meet the character requirements; and
- Not be barred from applying (e.g. you may be barred if you arrived by boat without a valid visa, or already had a protection visa refused or cancelled).
If you are unsure about your eligibility or if any bars apply to you, it is best to seek legal advice.
Is the Protection subclass 866 visa a temporary or permanent visa?
The Protection (subclass 866) visa is a permanent visa. If granted, it allows you to:
- Stay in Australia permanently
- Work and study without restriction
- Access Medicare (Australia’s public health system)
- Apply for Australian citizenship when eligible
Where do I have to be to lodge my Protection (subclass 866) visa application?
You must be physically present in Australia at the time you lodge your Protection (subclass 866) visa application and when it is decided.
Do I need health or character assessments for my Protection 866 visa?
Yes. You are required to undergo health examinations and meet certain character requirements (including police checks). These assessments help determine your eligibility for the visa.
Will my Protection (subclass 866) visa be subject to any conditions once granted?
Generally, the Protection (subclass 866) visa is a permanent visa without any travel conditions. However, it includes a prohibition on entering the country from which you were found to engage Australia’s protection obligations. If you need to return to your country of origin, you can only do so in limited circumstances and after obtaining permission from the Department of Home Affairs. We strongly encourage you to seek legal advice if this applies to you.
I hold a current visa and am in Australia, what if it expires before my Protection (subclass 866) visa is approved?
If you are in Australia and hold a substantive visa when you lodge your Protection visa application, in most cases you will be granted a Bridging Visa A (BVA). This BVA will allow you to remain in Australia during the processing of your Protection visa. Learn more in our separate article covering Bridging Visas in detail.
Can I work during the processing of my Protection 866 visa?
You can work during the processing of your Protection (subclass 866) visa only if you hold a valid visa that allows work or have been granted work rights on your bridging visa. If your current visa does not permit work, you may need to apply to restore your work rights.
Can I include my family in my 866 visa application?
Yes, you can include members of your family unit in your Protection (subclass 866) visa application. This includes your spouse or de facto partner, your dependent children, dependent grandchildren, and certain other unmarried relatives who live with you and depend on you financially or emotionally. All family members must be in Australia at the time of application and meet the visa requirements.
Does the 866 visa grant access to Medicare?
Yes, applying for permanent residence gives you access to Medicare.
Can my children study on a Protection (subclass 866) visa?
Yes. However, different States / Territories in Australia have different requirements and fees may be applicable. We strongly recommend that you explore this with the education provider directly.
Should I just book my health examinations and obtain police clearances for my Protection subclass 866 application?
The Department have appointed particular panel doctors who are authorised to conduct health examinations for Australian visa purposes.
If the health examinations are not carried out by these individuals, they will need to be redone.
The Department also require specific police clearances.
Please wait for instructions from your Hannan Tew team member to ensure that you don’t unnecessarily incur any costs or loss of time.
What happens if my Protection 866 visa application is refused?
If your application is refused, you may have the right to seek a review of the decision at the Administrative Review Tribunal (ART). It is important to get legal advice promptly to understand your options.
How much does the Protection (subclass 866) visa cost?
You can refer to our pricing guide for an estimate of fixed fee professional fees. You will also need to pay government fees for this visa application. Feel free to play around with our cost calculator, or contact a member of our team directly for a full breakdown of fees.
Disclaimer
The information contained here is offered for informational purposes only and does not constitute legal advice or give rise to an attorney-client relationship between you and our firm. The information: (i) must be regarded as a practical guide for general information and not a process guide for determining the specific immigration requirements of the countries covered, (ii) should not be a substitute for a more indepth analysis of applicable facts and circumstances conducted by competent professionals, and (iii) does not represent an opinion from Hannan Tew or any of its agents with regard to the laws of any of the jurisdictions concerned. The information does not guarantee the outcome or approval of any particular immigration application.
What can we do for you?
Our staff have extensive experience with Australia’s onshore refugee and humanitarian program. This includes lodgement of permanent Protection (Subclass 866) visas, Temporary Protection (Subclass 785) visas, and Safe Haven Enterprise (subclass 790) visas. We also have experience representing clients at the Administrative Review Tribunal, the Immigration Assessment Authority, and the Federal Court.
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