What Is the Protection Visa?
The Protection visa (subclass 866) is a permanent residence visa. It is available to people who are in Australia and who are owed protection under either the 1951 Refugees Convention or Australia's complementary protection obligations.
A successful protection visa application leads to permanent residence in Australia. This is not a temporary arrangement — it is a durable protection outcome.
Refugee Protection
Under the Refugees Convention, you may be owed protection if you have a well-founded fear of persecution in your country of nationality (or habitual residence if stateless) based on one of five grounds:
- Race
- Religion
- Nationality
- Membership of a particular social group
- Political opinion
The fear must be well-founded — meaning there is a real chance you would face persecution if returned. The harm feared must amount to persecution, not merely discrimination or hardship.
Complementary Protection
Australia's complementary protection obligations cover people who face significant harm even if they don't meet the refugee definition. Significant harm includes:
- Arbitrary deprivation of life (extrajudicial killing)
- The death penalty
- Torture
- Cruel, inhuman, or degrading treatment or punishment
Complementary protection is assessed by the Department as part of the same application — you do not need to lodge a separate claim.
Who Can Apply
To make a valid protection visa application you must:
- Be physically present in Australia
- Hold a substantive visa or a Bridging Visa A, B, or C
- Not have previously made a valid protection visa application (subject to limited exceptions)
- Not be barred from applying under specific legislative provisions
If your visa has expired or you are unsure whether you hold a valid application basis, contact us before taking any steps. What you do now affects what options remain available to you.
The Application Process
Protection applications are assessed by the Department's refugee and humanitarian division. An interview is standard — you will be asked to give detailed evidence about your circumstances, your fear, and why you cannot return.
The credibility of your account matters. Inconsistencies between your written statement and what you say in interview are closely scrutinised. We prepare detailed personal statements and review country condition evidence before lodging.
Review Rights
If the Department refuses the application, most applicants have the right to apply to the Immigration Assessment Authority (IAA) for review — or in some cases the Administrative Review Tribunal (ART) — depending on how they entered Australia. Review deadlines are strict. Contact us immediately after any refusal.