top of page

Protection Visa Australia. Am I Eligible for It?

Updated: Nov 30, 2022


There may be many eligible individuals in Australia who did not know that they could apply for a permanent Protection (subclass 866) visa in Australia. Therefore, if you are also one of those who wish to know:

  • What is a permanent Protection Visa?

  • Is Protection visa the same as offshore Refugee/Humanitarian visa?

  • Who can apply for a Protection visa?

  • What are the requirements of a Protection visa?

  • How can I apply for a Protection visa?

then please keep reading as we answer all these questions for you in simple terms.


Who Can Apply For An Australian Protection (subclass 866) Visa?

You can apply for this visa if you claim to be an asylum seeker (refugee) in Australia. An asylum seeker is a person who has left his/her home country to flee from persecution and has applied for protection in a third country, such as Australia. This is a permanent visa that allows you to live in Australia permanently if you arrived in Australia on a valid visa (for example, visitor or student visa, etc.).

Main Benefits of A Protection Visa (subclass 866)

Once you are granted this visa, you can:

  1. Sponsor eligible family members for permanent residence through Australia’s offshore Humanitarian Program or a Partner visa;

  2. live, work, and study in Australia in peace and security.

  3. You may benefit from free English language classes provided by the Adult Migrant English Program for up to 510 hours.

  4. Travel to and from Australia without any obstacles and as many times as you want. However, there may be some restrictions upon you with regard to travelling to the country against which you sought asylum in Australia.

  5. Enrol in Australia’s world-class public health care scheme, which is designed to ensure the best treatment with no to minimum costs to you.​

What Do You Need To Qualify For A Subclass 866 Protection Visa?

  • You must be inside Australia when you make your Protection Visa (subclass 866) application;

  • You must make specific claims that can satisfy the Visa Officer that you (or any of your close family members) face the risk of severe persecution, inhumane or degrading treatment, torture, or loss of life or liberty upon return to your country;

  • You must not have a right to enter and reside in any other country where you can live without fear of persecution, etc.

  • You must claim that you are unable to relocate anywhere in your home country to avoid persecution;

  • You must satisfy the Visa Officer that you are unable, or unwilling to avail the protection of government in your country or any other body or authority against the above-mentioned risks;

  • You must claim and provide evidence that your risks are genuine and you have a well-founded fear of persecution, etc. if you are returned to your country.

Further:

  • You must satisfy the Visa Officer that you do not pose any security risk to the Australian community;

  • You have not committed any war crimes or crimes against humanity, etc.



Securing a Protection Visa (subclass 866) in Australia is generally a daunting task. Satisfying a Visa Officer that you are a genuine asylum seeker requires careful planning. You should collect all the information and evidence that may support your claims of persecution or significant harm in your home country. When completing the application, you must think about why you are expected to make a particular statement? (Remember: most of the statements and questions in the application are for a reason).

Protection Visa (subclass 866) is NOT expensive to apply. But preparing your Protection Visa application would require a lot of time – if you want to get it right in the first place. There is often a pressing need to conduct lengthy researches on a wide range of issues concerning a Protection Visa application. For example, you may need to conduct researches on relevant laws, bilateral or multilateral treaties, and international conventions and protocols, and so on so forth to make your position clear to the Visa Officer. At times, one key piece of information may tip the scale in your favour. If you are a competent reader of relevant international conventions, protocols (such as the 1951 Convention Relating to the Status of Refugees), Australian legislation (including legislative instruments), policies, procedural instructions, and have experience in visa-related matters, then you should be able to complete your Protection visa application.

However, in our experience and observation, applicants who are not very familiar with the relevant legal frameworks tend to make ‘small’ mistakes in completing their visa applications which may prove costly in the end. A question that may appear simple to an applicant may have a far-reaching negative consequence for them if answered incorrectly. One wrong response or misstatement may cause serious complications in the whole process. If your Protection visa is refused then you may have to bear the following costs if you wish to challenge a decision to refuse your Protection Visa:


See Our Blog(s) To Learn More About Onshore permanent Protection Visa Australia

  • Search 'Australian Protection Visa' or 'Protection Visa Australia' or 'subclass 866 visa Australia' or 'Australian Refugee Visa' on our Blogs Page.

If you need help with your Protection visa application, please contact us.

​​



Warning! Please note that Australian immigration laws and policies are highly complex and dynamic. Therefore, no information provided on this website is comprehensive and intended to be legal advice. Failure to receive professional advice - tailored to your specific circumstances - may prove costly to you in many respects. Please read our Terms and Conditions on our website.



コメント


bottom of page