If you are a refugee who is seeking asylum in Australia, you may be eligible to apply for a onshore Protection Visa (Subclass 866). This is a permanent visa offered to refugees who cannot return to their home country due to fear of persecution and a real chance of being seriously harmed on the basis of:
- Race
- Nationality
- Religion
- Political opinion; and/or
- Membership of a particular social group
In your application, you must also show that you would not be safe in any part of your home country and the authorities in your home country are unable to protect you from the harm.
Complimentary Protection
If you are unable to prove that you are a refugee, you must show that you engage Australia’s complimentary protection obligations in order to be granted a Protection visa. This requires you to prove that you would face a real risk of significant harm if you were returned to your home country. In order to show significant harm, you must face a real risk of:
- Arbitrary deprivation of life
- The death penality
- Torture
- Cruel or inhuman treatment or punishment; and/or
- Degrading treatment or punishment
Identity, Health and Character
Like many other visas, you must also pass the relevant identity, health and character checks before you can be granted an onshore Protection Visa.
Benefits of having a permanent Protection visa
A permanent Protection visa (subclass 866) allows you to:
- Live in Australia indefinitely
- Work and study in Australia
- Access Medicare
- Apply for Australian citizenship once you are eligible
- Sponsor eligible family members
- Have limited travel to and from Australia (see below for travel restrictions)
Can I travel outside of Australia on a Protection Visa (Subclass 866)?
You can travel to and from Australia for 5 years from the date the visa is granted. After this time, you will need a Resident Return Visa (Subclass 155) or another visa to travel.
You can not travel to the country from which you have sought protection without the written approval from the Minister. If you travel to the country from which you have sought protection without the Minister’s written approval, your protection visa may be cancelled.
Please contact us if you have a Protection visa and need to travel to your home country and we can assist with obtaining permission from the Minister before you travel.
How can I apply for a Protection Visa?
If you would like to apply for a Protection visa, please contact our office and our team of Lawyers and Registered Migration Agents (RMA) can assist you by assessing whether you are eligible for this visa, and assisting with preparing and lodging your application.
Protection visas are difficult to obtain and require substantial evidence of your claims, therefore having a Migration Lawyer or RMA can help with navigating the complexities of the application and ensuring your claims are properly presented to the Department of Home Affairs.
How long do permanent Protection visas take to process?
Onshore Protection visas (Subclass 866) can take many years to process therefore you may have to wait a long time until you receive a decision on your application. While you are waiting for your Protection visa application to process, you will usually be granted a Bridging visa to allow you to stay in Australia lawfully.
Please contact us immediately if you have lodged a Protection visa but have not yet received a Bridging visa.
