Eligibility Quiz
Are you currently physically present in Australia?
Application Process
The Protection Visa (Subclass 866) is a permanent visa for people already in Australia who arrived on a valid visa and cannot return to their home country because they fear persecution or significant harm. You must submit your application while you are physically in Australia.
Step 1: Prepare Your Documents
Before starting your application, gather evidence to prove your identity and your claims for protection.
- Identity Documents: Your current passport, birth certificate, and any national identity cards.
- Statement of Claims: A detailed written account explaining why you are afraid to return to your home country.
- Supporting Evidence: Collect news reports, medical records, or letters from witnesses that support your specific situation.
- Translations: Any document not in English must be translated by a NAATI (National Accreditation Authority for Translators and Interpreters) accredited translator.
Step 2: Submit the Application Online
Most applications are submitted through ImmiAccount.
- Complete Form 866 (Application for a Protection visa).
- Complete Form 80 (Personal particulars for assessment including character assessment). This form is used for your security and character check.
- Pay the application fee of AUD 50.
Step 3: Receive Your Bridging Visa
Once you lodge a valid application, you will usually be granted a Bridging Visa A (BVA). This allows you to stay in Australia lawfully while the Department of Home Affairs processes your case. Note that if your previous visa had a "No Work" condition, you may need to prove financial hardship to get permission to work on your BVA.
Step 4: Provide Biometrics
You will receive a letter requesting your biometrics. You must visit a designated collection point to have your fingerprints taken and a digital photo made. This usually costs around AUD 150.
Step 5: Attend the Protection Interview
This is the most important part of the process. A Department officer will interview you to discuss your claims in detail. They will check if your story is consistent with your written statement and other evidence. It is vital to be truthful and provide as much detail as possible.
Step 6: Health and Character Checks
You must undergo a medical examination with an approved provider. The Department will also conduct a security assessment through ASIO (Australian Security Intelligence Organisation) and check your police records to ensure you meet the character requirements.
Step 7: Receive a Decision
- If Approved: You will be granted a permanent visa. You will have the right to live, work, and study in Australia indefinitely and access Medicare (Australia’s public healthcare system).
- If Refused: You will receive a letter explaining why. You may have the right to appeal this decision to the Administrative Review Tribunal (ART) within a strict timeframe specified in your refusal letter.
Fees
| Item | Cost |
|---|---|
| Base Application Fee | AUD 50 |
| Biometrics Collection | ~AUD 150 |
| Medical Examinations | AUD 300 – AUD 500 |
| Total Estimated Official Fees | AUD 500 – AUD 700 |
Note: This total does not include costs for NAATI translations, police certificates from other countries, or professional legal fees if you hire a migration lawyer (which can range from AUD 3,000 to AUD 10,000+).
Processing Time
Processing times vary significantly based on the complexity of your claims and the current backlog.
- Expedited Stream: For new, straightforward applications, the Department aims for a 145-day average (approximately 5 months).
- Standard/Complex Cases: These typically take between 12 to 24 months, especially if they require extensive security vetting.
- Legacy Cases: Older applications caught in the administrative backlog may still take 3 to 5 years to resolve.
Document Validity: Ensure your passport remains valid throughout the process. If your passport expires while you are waiting, you must update your details in ImmiAccount immediately.
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Key Developments
The application fee for the Subclass 866 Protection visa remains $50, but the fee for a Protection Review at the tribunal has increased to $2,216 if the review is unsuccessful.
australianmigrationlawyers.com.au ↗The Administrative Review Tribunal (ART) officially replaced the Administrative Appeals Tribunal (AAT) as the independent body responsible for reviewing refused protection visa applications.
krisahn.com.au ↗The Australian Government implemented a new "onshore processing model" for Subclass 866 visas to fast-track assessments and discourage the use of protection claims as a means to extend stay for work.
ghothane.com.au ↗