Protection Visa (Subclass 866)
Seeking safety and a new beginning in Australia?
Book Your ConsultationWhat is a Protection Visa (Subclass 866)?
If you fear returning to your home country due to persecution or serious harm, you may be eligible to apply for Australia's Protection Visa (Subclass 866). This visa allows you to stay permanently in Australia if you engage Australia's protection obligations.
The Protection Visa (Subclass 866) is a permanent visa for people who:
- Are in Australia
- Arrived on a valid visa
- Wish to seek protection because they are refugees or meet the complementary protection criteria
It allows you to live, work, and study in Australia permanently, travel in and out of Australia, and eventually apply for Australian citizenship if eligible.
Key Benefits
Live in Australia permanently
Work and study with full rights
Enroll in Medicare
Access social security payments
Sponsor eligible family members
Pathway to citizenship
Eligibility Criteria
To apply for a Protection Visa (Subclass 866), you must:
Location & Arrival
Be in Australia and have arrived legally on a valid visa
Protection Need
Be a refugee or meet complementary protection criteria
Protection Obligation
Be owed protection by Australia (fear of persecution, risk of harm, etc.)
Character & Health
Pass character and health checks
Previous Applications
Have not been refused a protection visa previously or barred under certain conditions
Grounds for Protection
You may be eligible if you fear returning due to:
- Persecution because of race, religion, nationality, political opinion, or membership of a particular social group
- Risk of arbitrary deprivation of life, torture, cruel or inhuman treatment, or punishment in your home country
- Threats from government or non-government groups in your home country
- Civil war, armed conflict, or other situations of violence
- Discrimination amounting to serious harm
Application Process
Check Eligibility
Confirm you meet the eligibility and Australia's protection obligations.
Prepare Documentation
Gather identity documents, evidence supporting your claims (threats, incidents, fear of harm), and any supporting statements.
Lodge Application
Apply online via ImmiAccount, including detailed statements of your claims.
Attend Interviews
You may be asked to attend an interview with the Department to explain your claims and provide additional information.
Await Decision
The Department of Home Affairs will assess your claims and notify you of the outcome.
Frequently Asked Questions
Can I work while my Protection Visa application is being processed?
Yes, if you hold a valid bridging visa with work rights while waiting for a decision.
What happens if my Protection Visa is refused?
You may be able to apply for a review with the Administrative Appeals Tribunal (AAT) within the specified time frame.
Can my family be included in my Protection Visa application?
Yes, you can include eligible family members in your application, or they may apply later through split-family provisions if you are granted the visa.
Do I need to provide evidence of persecution?
Yes, you should provide detailed statements and supporting documents demonstrating your fear of persecution or serious harm if you return to your home country.
Can I travel overseas on a Protection Visa?
You can travel with your protection visa, but do not travel to the country you sought protection from, as it may affect your protection status in Australia.
How Nestway Immigration Can Help
Applying for a Protection Visa can be legally and emotionally complex.
At Nestway Immigration, we provide comprehensive support:
- Assess your eligibility and protection claims thoroughly
- Help prepare clear, strong submissions that address all legal requirements
- Assist with gathering supporting evidence to strengthen your case
- Guide you throughout the entire application process with compassion and expertise
- Represent you in communication with the Department of Home Affairs and the AAT if required
Request a Free Assessment
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