Protection Visa (Subclass 866)
The Protection Visa (Subclass 866) allows individuals at risk of persecution or serious harm in their home country to live permanently in Australia. Successful applicants gain the right to work, study, and access government support.
Who Can Apply for this Visa?
You may be eligible if you:
- Are currently in Australia and arrived legally
- Can prove a well-founded fear of persecution or serious harm
- Meet identity, health, and security requirements
- Are not restricted from applying for a permanent protection visa
How to Apply
To apply, you must:
- Submit your application while in Australia
- Provide a detailed account of your experiences, including:
- The first instance of harm or persecution you faced
- What forced you to leave your home country
- Specific names, locations, and dates relevant to your case
- Demonstrate why returning to your home country is not an option
- Demonstrate you do not have other options to relocate to other parts of the country or the world
What Happens After Applying?
- If your application is valid, you will receive a Bridging Visa, allowing you to stay in Australia while your case is assessed.
- If your application is refused, you have the right to appeal the decision through the Tribunal. Appeals must be lodged within strict timeframes.
This visa provides a pathway to permanent residency, ensuring long-term safety and stability for those in need of protection.
For other humanitarian visa options for those currently outside of Australia, please contact Migration Affairs for further information.
FAQs
A refugee, for the purposes of a protection visa, is someone who meets the legal definition outlined in the Migration Act. This means you must be outside your home country and unable to return due to a well-founded fear of persecution based on specific grounds such as race, religion, nationality, political opinion, or membership in a particular social group.
Determining a well-founded fear of persecution is complex and involves multiple factors. To qualify, you must demonstrate:
- A genuine fear of persecution based on your race, religion, nationality, political opinion, or membership in a specific social group.
- A real risk of persecution if you return to your country.
- That this risk exists throughout your home country, meaning you cannot safely relocate to another area.
- That the persecution involves both serious harm and systematic, discriminatory treatment against you.
Complementary protection applies to individuals who do not meet the legal definition of a refugee but still face significant harm if returned to their home country. Australia provides protection in such cases under its international obligations.
To qualify, you must prove a real risk of suffering one or more of the following:
- Torture
- Cruel, inhuman, or degrading treatment/punishment
- Deprivation of life
- Execution or the death penalty
Authorities will assess your claim based on evidence of harm, potential safe relocation options, support from your home country’s government, and whether the risk applies specifically to you or to the broader population.
