Protection Visa (Subclass 866)
The Permanent Protection visa is for genuine asylum seekers who arrived legally in Australia and engage Australia's protection obligations because they face persecution or a real risk of significant harm if returned to their home country.
Get specialist legal advice before applying. A Protection visa is not a way to extend a stay or obtain work rights when no genuine protection claim exists. False or misleading claims can lead to refusal, serious penalties and long-term immigration consequences.
What is the Subclass 866 Protection Visa?
Subclass 866 is an onshore permanent visa for eligible people who are found to be refugees under Australian law or who meet the complementary protection criteria. Applicants must be in Australia, have arrived while holding a valid visa and have been immigration cleared on entry.
A person must meet the legal protection criteria and all other requirements, including identity, security, health and character. Fear of general hardship, unemployment or a desire to remain in Australia does not by itself establish eligibility.
Key eligibility considerations
Refugee and complementary protection criteria
A refugee claim generally requires a well-founded fear of persecution for a legally recognised reason, such as race, religion, nationality, membership of a particular social group or political opinion. The decision-maker also considers whether effective protection is available and whether safe and reasonable relocation is possible.
Complementary protection may apply where there are substantial grounds for believing that removal would expose the person to a real risk of significant harm, even if the refugee definition is not met. These are technical legal tests requiring individual assessment.
How the Subclass 866 process works
Obtain confidential legal advice
Speak with a specialist refugee and immigration legal provider before applying. Government-funded free legal help may be available.
Check application eligibility and bars
Review arrival history, immigration clearance, previous protection refusals or cancellations, visas previously held and any statutory application bar.
Prepare truthful protection claims
Explain the country feared, past harm, future risk, who may cause the harm, state protection, relocation and why return is unsafe.
Submit evidence and identity documents
Provide complete, consistent and genuine material supporting identity, nationality, relationships and the claimed protection risk.
Respond to the Department
Monitor ImmiAccount and correspondence, attend any interview if requested and respond accurately within every stated timeframe.
Preparing protection claims and evidence
The application should clearly explain why the applicant left, what happened before departure, what they fear on return, who may cause the harm, why authorities cannot provide effective protection and whether safe relocation is realistically available. Dates, locations and events should be detailed and internally consistent.
Supporting evidence may include identity records, witness statements, police or medical material, threats, photographs, membership records, credible country information and documents showing personal circumstances. An application may be decided on the information provided at lodgement, so relevant material should not be intentionally withheld.
Application bars and previous visa history
A person may be barred from lodging a valid permanent Protection visa application if a protection visa has been refused or cancelled since their last arrival. People who hold or have held specified temporary protection or safe-haven visas may also be unable to apply for Subclass 866. Only the Minister can lift certain bars where legally available and considered in the public interest.
Important Protection Visa Responsibilities
- Provide truthful, complete and consistent information.
- Check every statement submitted by an adviser on your behalf.
- Cooperate with identity, biometric, security and character checks.
- Explain any inconsistency or missing document honestly.
- Respond to Department requests within the specified timeframe.
- Keep your address, contact and family information updated.
- Use only a registered migration agent or Australian legal practitioner for paid immigration help.
Travel restrictions after visa grant
Protection visa holders are subject to travel condition 8559 and must not enter the country from which Australia granted protection without written approval. Unapproved travel can breach the visa condition and may lead to cancellation. Using a passport issued by the country of nationality may also raise questions about whether protection is still needed.
Benefits after grant
A granted Subclass 866 visa permits permanent residence, work and study in Australia, access to Medicare and certain services subject to eligibility, potential sponsorship of eligible family through the offshore Humanitarian Program, a five-year travel facility and a possible future citizenship pathway.
Getting appropriate assistance
Protection matters should be assessed by a registered migration agent experienced in protection law or an Australian legal practitioner. Free and confidential specialist legal assistance may be available through government-funded refugee and immigration legal providers. No adviser can guarantee a Protection visa outcome.