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Protection Visa (Subclass 866)
Reviewed by Mohammad Saghir Khan, Registered Migration Agent (MARN 1170510)Last reviewed:
The Protection visa (subclass 866) is a permanent visa for people in Australia who are refugees or who meet Australia's complementary protection criteria, meaning they face a real risk of serious harm if returned. You must apply from inside Australia, and you must have arrived on a valid visa and been immigration cleared. Unauthorised maritime arrivals and people who have held certain temporary protection visas cannot apply. The application charge is AUD 50. Health, character and security checks apply, and if your application is refused you can usually seek review at the Administrative Review Tribunal (ART).
Protection Visa (866) at a Glance
| Visa type | Permanent |
|---|---|
| Who it is for | Refugees and people who meet the complementary protection criteria |
| Apply from | Inside Australia only, after arriving on a valid visa and being immigration cleared |
| Government charge | AUD 50, with no extra charge for family members in the same application |
| Family | Members of your family unit who are in Australia can apply with you |
| While you wait | You may be granted a bridging visa. Work rights depend on your circumstances |
| Travel after grant | 5 years. You must not travel to the country you were protected from without written approval |
| If refused | Review at the Administrative Review Tribunal, within strict time limits |
Who the Protection Visa Is For
The Protection visa is for people who would face persecution or serious harm if they returned home. It is not a way to stay longer to work or study. You may engage Australia's protection obligations in one of two ways:
- Refugee: you have a well-founded fear of persecution because of your race, religion, nationality, political opinion or membership of a particular social group.
- Complementary protection: there is a real risk you would suffer significant harm if returned, even if the reason is not one of the refugee grounds.
You will generally not be granted protection if you can legally enter and safely live in another country.
Who Can Apply
- You must be in Australia when you apply.
- You must have arrived holding a visa that was in effect and been immigration cleared.
- You cannot apply if you are an unauthorised maritime arrival, or if you hold or have ever held a Temporary Protection (785), Safe Haven Enterprise (790), Temporary Safe Haven (449) or Temporary (Humanitarian Concern) (786) visa.
- If you have been refused a Protection visa, or had one cancelled, since your last arrival, you generally cannot make another application.
Making a Strong, Truthful Application
Your written claims matter most. Home Affairs can decide using only what you provide, so include every reason you fear returning, any harm you have experienced, who caused it, whether your authorities can protect you, and whether you could safely live elsewhere in that country. Give full education, work, travel and address histories with no gaps, and attach identity documents and any supporting evidence with certified translations.
You are responsible for everything in your application, even if someone else prepares it. Read and understand it before signing, and never sign blank pages. False claims or documents can lead to refusal, large fines and up to 10 years in jail.
After You Apply
- Bridging visa: you may be granted a bridging visa so you can stay lawfully while your application is processed. Whether you can work depends on your circumstances.
- Biometrics and health checks: you will be asked to give fingerprints and a photo and to complete health examinations. Refusing biometrics makes the application invalid.
- Interview: most interviews are by videoconference. Home Affairs provides an interpreter if needed, and your migration agent can attend.
- Support: you can enrol in Medicare with your acknowledgement letter, and some applicants may get help through the Status Resolution Support Services program.
- Do not travel to the country you are seeking protection from. Home Affairs may refuse your application if you do.
What to Expect
Home Affairs says most new Protection visa applications are now decided much faster than in previous years. It also reports refusing over 85% of applications because they do not meet the criteria. A refusal stays on your immigration record and usually stops you applying for most other visas in Australia. Get proper advice before you apply, especially if another visa may suit you better.
If Your Application Is Refused
Your refusal letter explains the reasons and your right to seek review at the Administrative Review Tribunal (ART), which replaced the AAT on 14 October 2024. The time limit is strict and the Tribunal cannot extend it, so act as soon as you receive the letter. See our ART appeal guide and deadline calculator.
Free Legal Help
Home Affairs lists government-funded refugee and immigration legal providers that give free, confidential advice, including Refugee Legal in Victoria and the Northern Territory, and the Refugee Advice and Casework Service (RACS) in New South Wales. Only a registered migration agent or an Australian legal practitioner can charge you for immigration help. Be wary of anyone who promises a visa or charges a large fee to "fast-track" it.
How to Apply
- Get advice firstSpeak with a registered migration agent, lawyer or free legal provider about whether a Protection visa or another visa fits your situation.
- Prepare your claims and documentsWrite down all your reasons for seeking protection and gather identity documents, evidence and translations.
- Lodge online in ImmiAccountComplete the application, attach your documents and pay the AUD 50 charge while you are in Australia.
- Give biometrics and do health checksFollow Home Affairs instructions on fingerprints, photos and health examinations.
- Attend your interviewExplain your claims clearly and truthfully. Send any extra information at least 5 working days before the interview.
- Receive the decisionIf granted, you become a permanent resident. If refused, seek ART review within the time limit in your letter.
How Aussie ASEAN Can Help
Protection matters are serious and personal, and we treat them with care and confidentiality. Our registered migration agent can help you understand whether a Protection visa or another visa suits your situation, prepare a truthful and complete application, and assist with an ART review if your application is refused. If cost is a concern, the free government-funded legal providers listed by Home Affairs can also help.
Free tools for this visa
Related visas
Every case is different. Talk to a Registered Migration Agent about your Protection Visa (866) before you lodge.
Book a consultationSources: Home Affairs: Protection visa (866) · Protection visas are for asylum seekers · Migration Regulations 1994, Schedule 1 item 1401 · Administrative Review Tribunal
Frequently Asked Questions
Plain-English answers to the questions we are asked most often.
What is the difference between a refugee and complementary protection?
A refugee fears persecution because of race, religion, nationality, political opinion or membership of a particular social group. Complementary protection covers people who face a real risk of significant harm for other reasons if returned.
Can I apply for a Protection visa from outside Australia?
No. The subclass 866 can only be applied for in Australia. People outside Australia may be considered through the offshore Humanitarian Program instead.
How much does a Protection visa cost?
The visa application charge is AUD 50, and family members included in the same application pay nothing extra. You may also pay for things like translations.
Can I work while my Protection visa is processed?
It depends on the bridging visa you are granted and its conditions. Check your conditions in VEVO, and ask about work rights if you are not allowed to work.
Can I include my family?
Yes. Members of your family unit, such as your partner and dependent children, can apply with you if they are in Australia. Once granted, you may be able to propose other family through the offshore Humanitarian Program.
Can I travel after I get a Protection visa?
You can travel for 5 years from grant, but you must not enter the country you were protected from without written approval from Home Affairs. Doing so can lead to cancellation of your visa.
What happens if my Protection visa is refused?
You can usually apply to the Administrative Review Tribunal within the strict time limit in your refusal letter. If the refusal is final and you hold no other visa, you will be expected to leave Australia.
Where can I get free help?
Home Affairs lists free government-funded legal providers in each state and territory, including Refugee Legal in Victoria and RACS in New South Wales. You can also use a registered migration agent or Australian lawyer.
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