Protection Visa

Protection Visa (Subclass 866)

The Protection Visa (Subclass 866) allows individuals who are already in Australia and fear returning to their home country to seek asylum and apply for permanent residency. This visa is designed for people who are refugees or meet Australia’s complementary protection obligations under international law, and it grants protection from persecution and harm.

Key Features of the Protection Visa (Subclass 866)

  • Permanent Residency: The visa provides permanent residency in Australia, allowing you to live, work, and study indefinitely.
  • Work and Study Rights: You can work and study in Australia after the visa is granted.
  • Access to Healthcare: You will have access to Medicare, Australia’s public healthcare system.
  • Family Sponsorship: Once granted the Protection Visa, you may be able to sponsor eligible family members to come to Australia.
  • Pathway to Citizenship: After meeting the residency requirements, the visa provides a pathway to Australian citizenship.

Who is Eligible for a Protection Visa?

To be eligible for the Protection Visa (Subclass 866), you must:

  1. Be in Australia: You must be physically in Australia to apply for this visa. It cannot be applied for from outside the country.
  2. Meet the Definition of a Refugee or Be Eligible for Complementary Protection:
    • Refugee: You must show that you are unable to return to your home country because you fear persecution due to your race, religion, nationality, political opinion, or membership in a particular social group.
    • Complementary Protection: If you do not meet the definition of a refugee, you may still be eligible for protection if you would face a real risk of significant harm upon return to your country of origin. Significant harm includes torture, cruel or inhumane treatment, or punishment.
  3. Meet Health and Character Requirements: You must meet the health and character criteria set by the Australian Government, including undergoing a medical examination and providing police clearance certificates.
  4. Not Hold Certain Visas: You may not be eligible for a Protection Visa if you hold, or previously held, certain temporary visas (e.g., the Temporary Protection Visa or Safe Haven Enterprise Visa), although exceptions may apply in some cases.

Documentation Required for the Protection Visa

When applying for a Protection Visa (Subclass 866), you will need to provide various documents to support your claim:

  1. Proof of Identity:
    • Passport (if available) or other identity documents.
    • Birth certificates or national ID cards.
  2. Evidence of Persecution or Harm:
    • Personal statements describing the fear of persecution or harm.
    • Supporting evidence such as news articles, reports, or documents from credible sources that demonstrate the risk of harm in your home country.
    • Statements from witnesses or community members that corroborate your claims.
  3. Health and Character Documents:
    • Medical examination results (from an approved doctor).
    • Police clearance certificates from every country you have lived in for 12 months or more over the past 10 years (if applicable).
  4. Previous Immigration History (if applicable):
    • Details of any previous visa applications, including refusals or cancellations.
    • Travel history and documents regarding your arrival in Australia.
  5. Other Relevant Documents:
    • Any documents that support your claims for protection, such as membership in a political organization, arrest warrants, or proof of participation in activities that put you at risk.

Protection Visa Application Process

The process of applying for the Protection Visa (Subclass 866) involves several steps:

  1. Submit Your Application

You can lodge your Protection Visa application online via ImmiAccount or by submitting a paper application. You will need to provide all the necessary documentation, including identity proof, evidence of persecution, and health and character documents.

  1. Assessment by the Department of Home Affairs

The Department of Home Affairs will assess your claim for protection. This involves evaluating whether you meet the criteria for refugee status or complementary protection. The department will also review your health and character.

  1. Interview or Hearing

In most cases, you will be invited to attend an interview with the Department of Home Affairs. During this interview, you will have the opportunity to explain your claim for protection and provide further evidence of why you fear returning to your home country.

  1. Await Decision

After the interview, the Department of Home Affairs will make a decision on your visa application. Processing times can vary depending on individual circumstances and the complexity of the case.

  1. Appeals (if necessary)

If your Protection Visa application is refused, you may be able to appeal the decision at the Administrative Appeals Tribunal (AAT) or seek judicial review in some cases.

Visa Costs

The application fee for the Protection Visa (Subclass 866) is AUD 45 for primary applicants. If you cannot afford the fee, you may apply for a fee waiver. Additional costs may include:

  • Medical examinations: Varies based on the provider.
  • Police checks: Costs vary depending on the country and provider.

Key Benefits of the Protection Visa

  • Permanent Residency: You will be granted permanent residency upon visa approval, allowing you to live and work in Australia indefinitely.
  • Family Reunion: Once granted the visa, you may be able to sponsor family members to join you in Australia.
  • Social and Financial Support: You may be eligible for social and financial support services, including assistance with housing and employment.
  • Pathway to Citizenship: After living in Australia for a certain period, you may apply for Australian citizenship.

How We Can Help

At A Square Migration Services, we understand that applying for a Protection Visa (Subclass 866) is a complex and emotional process. Our experienced team is here to guide you through each step of the application, helping you prepare a strong case for protection. Our services include:

  • Eligibility Assessment: We assess your situation to determine if you meet the criteria for refugee status or complementary protection.
  • Document Preparation: We assist with gathering the necessary documents to support your application, including statements, evidence, and identity proof.
  • Application Lodgment: We help lodge your visa application, ensuring that it is accurate and complete.
  • Interview Preparation: We provide guidance on preparing for your interview with the Department of Home Affairs to help you present your case effectively.
  • Ongoing Support: We offer continuous support throughout the application process, including help with appeals if your visa is refused.

Seek Protection in Australia with the 866 Visa

If you are in Australia and fear returning to your home country due to persecution or harm, the Protection Visa (Subclass 866) may provide the safety and security you need. At A Square Migration Services, we are committed to helping you through this challenging process with care and expertise.

Contact us today to discuss your situation and start your protection visa application.