If you are currently an asylum seeker who is already in Australia on a temporary visa and you demonstrably cannot return safely to your home country due to a genuine fear of persecution or serious harm, the Protection Visa (Subclass 866) provides an onshore pathway to permanent residence.
This visa category is part of Australia's protection obligations under international agreements such as the 1951 Refugee Convention and other human rights commitments.
If you are applying for this visa class, you must have entered Australia legally and meet specific eligibility criteria, including demonstrating a genuine need for protection. Understanding how Australia’s protection obligations operate and how they are assessed by the Department of Home Affairs, is essential before proceeding with an application as the process, once initiated, carries significant personal and legal consequences.
For successful applicants, Australia’s Protection Visa offers a new beginning for those in need of safety, allowing them to rebuild their lives in Australia.
But, seeking formal protection in Australia can be a very difficult, stressful, and drawn-out experience, particularly if your personal safety genuinely depends on the outcome of a visa application.
What Is the Protection Visa (Subclass 866)?
The Subclass 866 category in Australia is an onshore protection visa available to people who are physically present in Australia and who qualify under Australia’s protection obligations. This visa provides a pathway to permanent residency for those who need Australia's protection, allowing successful applicants to become permanent residents of Australia.
The Protection Visa (Subclass 866) is a permanent visa, which means you can stay in Australia indefinitely and build a long-term future.
Unlike offshore humanitarian visas, this subclass is only available to individuals who have already entered Australia on a valid visa, such as a:
If your application is to be considered eligible, you must have been cleared by Australian immigration authorities upon your last arrival in the country and you must continue to hold lawful status at the time of application, meaning your current visa must still be active.
At Australian Migration Lawyers, we assist clients in confirming that these threshold requirements are met before moving forward with your protection visa application.
Eligibility and Australia’s Protection Obligations
For you to be granted a Protection Visa (Subclass 866) in Australia, the Department of Home Affairs must be satisfied that Australia owes the applicant protection under domestic law and international commitments.
The eligibility criteria and eligibility requirements for this visa are very specific and strictly applied. As noted above,you must be physically present in Australia, hold a valid visa, and meet certain conditions, including a genuine, demonstrable fear of harm or persecution. Only individuals already in Australia who fear persecution in their home country can apply for the Subclass 866 visa. This is generally established through one of two pathways:
- Via a Refugee Status Under Australian and international laws, an you may formally qualify as a refugee if you have a well-founded fear of persecution due to one or more of the following grounds:
- Race
- Religion
- Nationality
- Political opinion
- Membership of a particular social group
The fear must relate to serious harm and demonstrate that effective protection is not available in the applicant’s home country. - Via Complementary ProtectionApplicants who do not meet the refugee definition may still qualify if there is a real risk of significant harm if they are returned to their country of origin.Significant harm can include:
- Arbitrary deprivation of life or the death penalty
- Torture
- Cruel, inhuman, or degrading treatment or punishment
The risk must be personal, foreseeable, and ongoing.Importantly, it must be irrefutable and able to withstand rigorous scrutiny as to its veracity.
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Application Process for Onshore Applicants
Applying for a Subclass 866 visa involves a series of careful procedural compliance measures and detailed preparation.
Lodging the Application
You can initiate an application for the Protection Visa Subclass 866 online, through the Department of Home Affairs website.
As the application is lodged online, you must be sure to upload clear digital copies of all required documents. When completing your application form, be honest and accurate to avoid delays or rejection.
Assuming your current visa is active, even if it’s nearing expiry, a bridging visa is usually granted once a valid protection application is lodged, allowing lawful stay during processing.
If your current visa has expired or is not actively in place, you cannot make the application.
Evidence and Assessment
Protection visa applications are assessed very rigorously.
You will likely be required to attend an interview where your claims are examined for accuracy, consistency, and credibility.
Strong applications are supported by:
- Detailed personal statements
- Country-of-origin information and independent reports
- Identity and background documents
- Any available corroborating evidence
As an applicant, you are expected to respond promptly to any Department requests for further information to avoid delays or adverse outcomes.
Fees and Processing Times
The application fee for the Protection Visa Subclass 866 is currently $45 and is non-refundable. Multiple applicants, such as family members, can be included in the same application without incurring additional fees as a single application fee covers all applicants in the same application.
Processing times vary significantly depending on how complex your case is, the quality of your documentation and overall application volumes at the time of your processing.
Identity, Character, and Security Requirements
In addition to fully meeting all the protection criteria, you are obliged to satisfy strict public interest criteria.
This includes:
- Providing reliable identity documents (such as passports or birth certificates)
- Meeting character requirements
- Completing security checks
- Undergoing medical examinations
You must pass health, character, and security checks to be eligible for the Protection Visa Subclass 866. Medical examinations are required to protect the health of the Australian community.
Failure to meet these requirements can result in refusal, even where protection claims are otherwise valid.
Providing false or misleading information may also lead to criminal penalties under Australian law, including fines or imprisonment, as well as long-term visa restrictions.
Rights and Benefits of a Permanent Protection Visa
Being granted a Subclass 866 visa provides permanent residency and significant long-term security. This visa allows recipients to live, work, and study in Australia permanently. Permanent Protection Visa holders are generally entitled to:
- Live and work in Australia indefinitely
- Estudiar sin restricciones
- Enrol in Medicare, Australia's public health care system
- Access social security benefits, including certain Centrelink support services
- Sponsor eligible family members for permanent visas under humanitarian family reunion provisions
Importantly, a permanent protection visa also provides a pathway to Australian citizenship, allowing full participation in Australian society.
However, your visa status as a Protection Visa Subclass 866 holder affects your ability to travel, work, access healthcare, and apply for citizenship. While you can travel abroad, returning to your home country without prior clearance from Australian government authorities may impact your visa status and could risk your protection status in Australia, including a cancellation of your visa.
How Australian Migration Lawyers Can Assist
Protection visa applications in Australia involve complex legal criteria and high evidentiary standards. Accurate preparation and strategic presentation are essential. Consulting a migration lawyer or a registered migration lawyer can be extremely helpful in navigating the complexities of the Protection Visa Subclass 866 application process.
At Australian Migration Lawyers, our registered migration lawyers assist clients by:
- Assessing protection visa eligibility
- Identifying risks and evidentiary gaps
- Preparing detailed written submissions
- Organising and reviewing supporting documents
- Preparing clients for Department interviews
- Responding to requests for further information
Our role is to help translate personal experiences into structured, credible applications that align with Australian migration law.
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Reservar una consulta
Si está interesado en obtener más información sobre un visado, póngase en contacto con Australian Migration Lawyers para una consulta.
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We’re Here to Support You
If you are in Australia and you believe returning to your home country would place you at risk, seeking informed guidance early is critical.
We offer confidential consultations to assess your circumstances and explain whether the Subclass 866 visa may be an appropriate pathway for you.
Contact Australian Migration Lawyers today to discuss your situation and receive professional support throughout the application process.
Preguntas más frecuentes (FAQ)
Can I include family members in my Subclass 866 application?
Yes. Members of the same family unit—such as a partner and dependent children—may be included if they are in Australia at the time of application. Family members outside Australia must apply through separate processes.
Can I work while my protection visa is being processed?
In most cases, the bridging visa granted after lodgement allows work. This depends on the conditions attached to the bridging visa, which can be reviewed if necessary.
What happens if my application is refused?
If you disagree with the grounds of your refusal, you may have the right to seek a merits review at the Administrative Review Tribunal (ART). Strict time limits apply, so prompt advice is essential.
Can I travel once I hold a Protection visa?
Travel is permitted, but returning to the country from which you sought protection requires written approval from the Department. Unauthorised travel may result in visa cancellation.
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