Protection (Subclass 866) Visa

A Protection Visa (Subclass 866) allows individuals who are in Australia to seek asylum and protection if they fear persecution or harm in their home country. This visa provides the holder with the right to remain in Australia and access certain services while their protection claims are considered.

Whether you are applying onshore in Australia or have arrived as an asylum seeker, there are specific eligibility requirements and processes you must satisfy. Understanding the basic framework of protection visas can help you prepare your application and gather the necessary documentation.

Australia has international obligations under the Refugee Convention and Protocol to protect people from persecution. A Protection Visa allows you to be considered for permanent protection in Australia if you meet the criteria. Here’s some general information to help you get started.

Visa Options

Visa Type When to Apply / Where you Are Key Features
Subclass 820 / 801 - Onshore Partner Visa If you are in Australia and are the spouse or de facto partner of an Australian citizen, permanent resident, or eligible NZ citizen. Two-stage process: temporary visa (820) granted first, followed by assessment for permanent visa (801) after a waiting period. In some cases, such as long-term relationships, the permanent visa may be granted immediately. Provides work rights and Medicare access while on the temporary visa.
Subclass 309 / 100 - Offshore Partner Visa If you are outside Australia at the time of application and are married / in a de facto relationship with an Australian citizen, permanent resident, or eligible NZ citizen. Two-stage process: provisional visa (309) first, then permanent visa (100) after assessment. Work rights and Medicare are generally only available after entering Australia and upon grant of the permanent visa.
Subclass 300 - Prospective Marriage (Fiancé) Visa If you are outside Australia, intend to marry an Australian citizen / PR / eligible NZ citizen, and do so within a set time after grant. Allows entry to Australia to marry your Australian partner. After the marriage, you can apply for an onshore Partner visa (820/801).

Key Requirements

    To be eligible for a Protection Visa, you generally must, at a minimum:

    • Arrival in Australia: Have arrived in Australia holding a valid visa and have been immigration cleared upon entry. Unauthorised maritime arrivals or those not immigration cleared on last entry cannot apply.

    • Refugee or complementary protection: Be a refugee or meet Australia’s complementary protection criteria, meaning you face a real risk of harm if returned to your home country.

    • Identity: Provide evidence of your identity, nationality, or citizenship. This may include documents and biometrics (fingerprints and digital photograph).

    • Application bars: Must not be subject to an application bar, such as a previous refusal or cancellation of a protection visa since your last arrival. The Minister may lift bars in the public interest.

    • Visa history: Must not currently hold or have previously held a Temporary Protection visa (Subclass 785), Temporary Safe Haven visa (Subclass 449), Temporary (Humanitarian Concern) visa (Subclass 786), or Safe Haven Enterprise visa (Subclass 790).

    • Travel restrictions: You cannot return to your home country or a country where protection is granted unless you have obtained prior approval from the Department.

    • Department interview: You may be required to attend an interview with the Department of Home Affairs to assess your protection claim.

    Evidence

          When applying for a Protection Visa, you will need to provide documents across key areas of evidence to demonstrate your eligibility for protection: 

          1. Identity and Legal Status

            • Scanned copies of your entire passport or travel document.

            • National identity cards or other official identity documents, if applicable.

          2. Family Relationships

            • Passports of each family member included in your application.

            • Birth certificates of each family member (translated into English if necessary).

            • Marriage certificate (if applicable, translated into English).

            • Proof of dependency for children or other dependents, if required.

          3. Evidence Supporting Protection Claims

            • Written statements detailing why you fear returning to your home country.

            • Any supporting documentation, such as police reports, medical records, membership evidence (for proof of affiliation with targeted groups) or other official documents demonstrating risk of harm.

            • Country information or news reports relevant to your claim.

            • Evidence of any past persecution or threats, including witness statements or affidavits where available.

          4. Health and Character

            • Character evidence, such as Australian Federal Police clearance certificate.

            • Health assessment conducted by an approved panel physician.

          Frequently Asked Questions

          What is a Protection Visa?

          A Protection Visa allows individuals who are refugees or meet complementary protection criteria to remain in Australia. It is granted to people who face a real risk of harm if returned to their home country. 

          Am I eligible for a Protection Visa?

          Generally peaking, you must:

          • Have arrived in Australia on a valid visa and been immigration cleared.

          • Be a refugee or meet complementary protection criteria.

          • Meet identity, health, and character requirements.

          • Not be barred from applying due to a prior visa refusal or cancellation.

          Please note that the above are only key requirements. 

          Is this a permanent visa?

          Yes. Once granted, the Protection Visa is a permanent visa that allows you to live, work, and study in Australia. 

          Can I travel back to my home country after the visa is granted?

          Not unless that entry is approved in writing by the Department before you travel.

          Travel condition 8559 applies to this visa. It requires that you, and any members of your same family unit, must not enter the country or countries from which the Department granted you protection unless prior written approval is obtained.

          Such approval will only be granted if there are compassionate or compelling circumstances justifying the travel.

          If this travel condition is breached, your Protection Visa, and those of any members of your family unit, may be cancelled.

          Will I need to attend an interview?

          Yes, the Department may request an interview to discuss your protection claims in detail. Tern Legal can accompany you to that meeting. 

          What happens if my application is refused?

          You may be able to request a review of the decision through the Administrative Review Tribunal (ART) or other legal avenues, depending on the circumstances. There are strict timelines, and missing the deadline can have serious consequences, including overstaying in Australia. It is strongly advised that you seek professional advice as soon as possible.

          Do I need a lawyer or migration agent?

                While it is not mandatory, professional assistance is strongly recommended due to the complexity and serious consequences of protection visa applications.

                I have more questions.

                Please feel free to fill in the form below and we will be in touch. 

                Disclaimer

                The information provided on this website is for general purposes only. Whilst every effort has been made to ensure accuracy, the content is not, and is not intended to be, legal or immigration advice, and it does not create a solicitor–client relationship with Tern Legal. The information should be treated as a practical guide only. No person should act on the basis of the material on this website without obtaining advice specific to their circumstances and, where necessary, seeking professional assistance.

                Migration law in Australia is subject to ongoing changes in legislation and government policy, and the information provided may not reflect the most up-to-date position. You are encouraged to make your own enquiries as to the accuracy of the information at the time of use. For advice relevant to your situation, please consult a qualified professional. Tern Legal makes no guarantees regarding the outcome or approval of any migration application.

                Contact us

                By clicking on "Contact us", you will be redirected to our page where you can complete a contact form

                To help us maximise your experience, we recommend providing as many details as possible.