Protection Visa for Australia

Introduction

Australia’s Protection Visa (subclass 866) provides safety and asylum to individuals who cannot return to their home country due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership of a particular social group. This permanent visa allows eligible individuals to live and work in Australia while building a secure future.

Rights and Obligations

Rights

Holders of a Protection Visa enjoy the following rights:

Live and work in Australia as permanent residents.
Access Medicare (public healthcare), Centrelink (social security benefits), and free schooling for children.
Sponsor eligible family members to join them in Australia.
Apply for Australian citizenship once residency requirements are met.

Obligations:

Visa holders must comply with Australian laws and keep the Department of Home Affairs informed of any changes to their personal circumstances.

The Application Process

Applying for a Protection Visa involves several steps:

1. Lodge an Application

Submit the completed visa application form along with all required documentation.

2. Provide Evidence

Include identity documents and detailed evidence supporting claims of persecution.

3. Assessment by the Department of Home Affairs

Applications are reviewed, which may involve interviews, background checks, and security assessments.

4. Decision

The Department will decide whether protection obligations apply and grant or refuse the visa.

Eligibility Criteria

Applicants must meet the following requirements:

Be in Australia at the time of application.
Not be an Australian citizen.
Demonstrate a genuine and well-founded fear of persecution in their home country.
Show that internal relocation within their country is not a safe option.
Meet health, character, and security requirements.

Appeals and Review Process

If a Protection Visa application is refused:

Applicants may appeal to the Administrative Appeals Tribunal (AAT) for an independent review.
If the AAT upholds the refusal, further appeals may be made to the Federal Circuit Court or higher courts on legal grounds.
Seeking professional migration advice can strengthen the appeal process.

Supporting Services

Many organisations and migration agents provide assistance for Protection Visa applicants, including:

Legal Advice – Guidance on eligibility, evidence preparation, and representation.
Application Support – Assistance in completing and lodging visa applications.
Appeals Assistance – Professional support through AAT hearings and court proceedings.

Conclusion

The Protection Visa (subclass 866) offers safety, stability, and a new beginning for individuals facing persecution in their home country. While the process can be complex, professional guidance and strong supporting evidence can significantly improve the chances of success. This visa is a crucial pathway to security, opportunity, and permanent settlement in Australia.

Contact Us Today! to begin your Protection Visa journey.