Home/Migration Law/Protection Visas

Protection Visas

Overview

✦Protection Visas (Subclass 866)

Australia's Protection Visa (Subclass 866) provides a pathway to permanent residence for eligible individuals who are already in Australia and face a real risk of serious harm if returned to their home country.

Protection visa applications are assessed under Australian law and Australia's international protection obligations. They are not intended as a means of extending a person's stay in Australia or avoiding visa expiry.

In some circumstances, statutory bars may prevent a protection visa application from being lodged, including where a previous protection visa application has been refused or cancelled. It is important to obtain legal advice before lodging an application to determine whether any such restrictions apply.

The Two Bases of Protection

Refugee status

To qualify as a refugee, you must demonstrate a well-founded fear of persecution. This means your fear must be both genuinely held and objectively supported by reliable evidence, including independent country information. The persecution must involve serious harm and relate to one or more of the following Convention grounds:

✦Race
✦Religion
✦Nationality
✦Political opinion
✦Membership of a particular social group (which may include, for example, gender identity, sexual orientation, or family membership)

The persecution must be inflicted by the state, or by individuals or groups that the state is unable or unwilling to protect you from.

Complementary protection

Where an applicant does not satisfy the refugee definition, they may still qualify for protection under Australia's complementary protection provisions. Australia will not remove a person where there are substantial grounds for believing they face a real risk of significant harm, including:

✦Arbitrary deprivation of life
✦The death penalty
✦Torture
✦Cruel, inhuman, or degrading treatment or punishment

What to Expect During the Process

Preparing a protection visa application requires careful preparation and detailed supporting evidence.

1. Comprehensive Claims at Lodgement

Your written statement and supporting evidence should be as complete and accurate as possible when the application is lodged. Claims raised later in the process may receive closer scrutiny.

2. Biometrics

After lodging your application through ImmiAccount, you may be required to provide biometrics. It is important to comply with all requests within the required timeframes.

3. Assessment by the Department

Protection visa applications are carefully assessed based on the information and evidence provided. Well-prepared applications supported by consistent evidence place applicants in the strongest possible position.

4. The Protection Visa Interview

Most applicants will be interviewed by a delegate of the Department of Home Affairs. Your oral evidence will be assessed alongside your written claims and supporting documents. Consistency, credibility, and accuracy are critical throughout the process.

Review Rights and the Consequences of Refusal

If a protection visa application is refused, eligible applicants may have the right to apply for merits review before the Administrative Review Tribunal (ART). Strict statutory time limits apply.

An unsuccessful protection visa application may have significant immigration consequences, including:

✦restrictions on eligibility to apply for certain other visas while remaining in Australia;
✦limitations on making further protection visa applications, except where permitted by law; and
✦the refusal becoming part of your immigration history and potentially requiring disclosure in future visa applications.

Obtaining legal advice as early as possible can help you understand your rights and available options.

Protection Matters Require Careful, Confidential Advice

Protection visa applications are among the most significant matters in Australian migration law.

At Yantra Legal, we approach every protection matter with professionalism, confidentiality, and cultural sensitivity. We work closely with clients to prepare detailed statements, identify relevant supporting evidence, and provide legal representation throughout the Department's decision-making process and, where available, review proceedings before the Administrative Review Tribunal.

Frequently Asked Questions

Who can apply for a protection visa?

A Protection Visa may be available to individuals who are already in Australia and who fear persecution or other forms of serious harm if returned to their home country. Eligibility depends on the specific legal requirements under Australian migration law.

Do I need evidence to support my protection claim?

Yes. Strong supporting evidence is essential. Depending on your circumstances, this may include personal statements, identity documents, witness statements, medical reports, and independent country information that supports your claims.

Can I work while my Protection Visa application is being processed?

In many cases, applicants are granted a Bridging Visa while their Protection Visa application is being processed. Work rights will depend on the conditions attached to that Bridging Visa and the applicant's individual circumstances.

What happens if my Protection Visa application is refused?

If your application is refused, you may have review rights before the Administrative Review Tribunal (ART), depending on your circumstances. Strict statutory time limits apply, so it is important to obtain legal advice as soon as possible after receiving a refusal decision.

Can I apply for a Protection Visa if another visa has already been refused?

It depends on your immigration history and whether any statutory bars apply. This is a complex area of law, and legal advice should be obtained before lodging an application.

Is my information kept confidential?

Yes. Protection matters are handled with strict confidentiality and sensitivity. Information provided as part of your application is managed in accordance with Australian privacy laws and professional obligations.

Why Choose Yantra Legal?

Choosing a lawyer is about more than legal knowledge. You want someone who will listen, understand your situation, and guide you with honesty and care. That's how we work at Yantra Legal.

Lived Migration Experience

Having lived in Nepal, Germany and Australia, we understand what it feels like to build a new life in a different country. We know that migration matters often involve family, work, uncertainty and important life decisions—not just paperwork.

Direct Access to Your Solicitor

When you choose Yantra Legal, you work directly with our solicitor, Krishna Giri from your first consultation until your matter is finalised. Your case is not passed between different staff members, so you always know who is handling your matter.

Clear & Honest Advice

Legal advice should be clear, not confusing. We explain your options in plain English and, where helpful, in Nepali or Hindi, so you can make informed decisions with confidence.

Truly Personalised Representation

No two legal matters are the same. We take the time to understand your circumstances, your goals and what matters most to you. Our advice is tailored to your situation rather than following a one-size-fits-all approach.

Fixed-Fee Transparency

We believe you should know what to expect before you proceed. We offer fixed-fee initial consultations and provide clear information about legal costs, so there are no unexpected surprises.

Choosing a lawyer is about more than legal knowledge. You want someone who will listen, understand your situation, and guide you with honesty and care. That's how we work at Yantra Legal.

Lived ExperienceDirect Solicitor AccessClear & Honest AdvicePersonalised RepresentationFixed-Fee Transparency

Discuss Your Protection Matter Confidentially

Protection visa applications involve deeply personal circumstances and significant legal consequences. We provide compassionate, confidential, and practical legal advice tailored to your individual situation, guiding you through every stage of the process.