Protection visa (subclass 866)

Eligibility

The visa

1. Before you apply

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   Help to prepare your application

   You can prepare and lodge your visa application yourself. You can also get help from:

   • registered migration agents
   • certain exempt persons
   • Immigration Advice and Application Assistance Scheme (IAAAS).

   You cannot pay your family and friends. If you have paid anyone to assist you with your application, you need to declare them on your application form.

   Using a migration agent or exempt persons

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   Free help

   Government funded migration advice and help with applications might be available through the Immigration Advice and Application Assistance Scheme (IAAAS). The Government provides funding for professional immigration advice and application assistance for protection visa applicants who have entered Australia lawfully and meet the eligibility criteria or are minors (for any visa in Australia) for whom the Minister for Home Affairs is guardian under the Immigration Guardianship of Children (IGOC) Act 1946.  To be eligible for IAAAS applicants must meet the eligibility test if you satisfy the below criteria:

   1. Did not arrive illegally without a valid visa in Australia
   2. Have not engaged a registered migration agent. If previously engaged a registered migration agent has since disengaged and is no longer receiving assistance
   3. Have not previously had a valid protection application considered in Australia
   4. Is in the best interests of Government, that non-citizens facing a well-founded fear of persecution are not prevented from applying for protection simply because they are suffering financial hardship and do not have the capacity to make an application because they are exceptionally vulnerable.
   • To be eligible for immigration advice must only meet financial hardship criteria
   • To be eligible for application assistance must meet both financial hardship and exceptional vulnerability components.

   There is a range of personal circumstances that may satisfy the exceptional vulnerability criterion:

   • conditions affecting cognitive function (for example, Down Syndrome, autism, dementia)
   • mental illness
   • past experiences of torture and trauma
   • incapacitating illness
   • drug dependency.
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   Provision of services

   The IAAAS Service Provider, Settlement Services International, organises and manages contact with registered migration agents who offer independent, professional immigration advice and application assistance, through a network of registered migration agents located throughout Australia.  

   This funded assistance stops when the Department has made a decision. Only minors (for any visa in Australia) for whom the Minister for Home Affairs is guardian under the Immigration Guardianship of Children (IGOC) Act 1946 will have continued assistance at merits review. It is not available to you if you are seeking judicial review or requesting ministerial intervention.

2. Gather documents

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   Documents

   Applicant documents

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   Prepare your documents

   You need to provide documents to support your application for this visa. We can make a decision using the information you provide when you lodge your application. It is in your interest to provide as much information as possible in your application and that your application is truthful and complete.

   Do not include original documents unless we specifically ask for them. Police certificates should be original documents. Documents not in English must be accompanied by accredited English translations.

   Both paper and online applications must include all the information about you and other people in your family, including your claims for protection and information about your identity. If you are applying online you can attach the documents to the online application. If you are applying by paper form, you should provide certified copies of documents, including identity documents.

3. Apply

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   Lodge your application

   You must lodge a valid application.

   Online

   You can apply online through ImmiAccount

   By post

   If you are unable to apply online complete and lodge a Form 866 - Application for a Protection visa.

   If you are registered with UNHCR and have been assessed by UNHCR, then you will need to provide us with consent to speak to the UNHCR about your claims. Fill in the UNHCR consent form (98KB PDF) and attach it to your application.

   Lodge your application by post directly to one of the Onshore Protection centres.

   You can send your application by Registered Post which is a secure method of mail allowing you to track your application.

   Applications cannot be lodged in person at any of our offices.

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   Statement of Australian values

   You must sign an Australian values statement included in Part C of your application form. Before you do this you must read, or have explained to you, the information provided by the Australian Government in the Life in Australia booklet. The Australian Values Statement confirms that you undertake to respect the values and Australian society and during your stay in Australia will obey the laws of Australia.

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   More information

   There is more information to help you prepare your application, which gives advice about certifying and translating documents into English, communicating with us, using a migration agent, authorising another person to receive information from us, and receiving assistance with your application.

   Completing your Permanent Protection visa application

4. After you apply

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   Provide biometrics

   After you have applied you and any family members in Australia included in your application must let us take a digital photograph of your face and a scan of your fingerprints. Some people do not need to provide their fingerprints (see below).

   You can apply for a waiver under limited circumstances.

   If you do not let us collect this information:

   • your application for this visa will be invalid and cannot be approved
   • if you are granted a bridging visa when you apply, it will end 28 days after you are notified that your application is invalid.

   More information about how we collect this information is available at photographs and fingerprints.

   Waivers for photographs and fingerprints: Waivers can apply in exceptional circumstances and we will consider as required.

   If you are younger than 18 years of age

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   Wait for a decision

   After you apply for your Protection visa (subclass 866), we will send you an acknowledgement letter.

   If you are not in immigration detention, you might be granted a bridging visa that allows you to stay lawfully in Australia while your Protection visa (subclass 866) application is being processed.

   The type of bridging visa you are granted and whether you are allowed to work depends on a number of circumstances.

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   Provide more information

   You can provide more information to us, in writing, at any time until a decision is made on the application. If you want to correct information you have previously provided, use:

   • Form 1023 - Notification of incorrect answer(s)  (99KB PDF).

   We could also ask you for more information. You will have to respond by a set date. After that date, we can make a decision about your application using the information that we have.

   We can use a range of means to communicate with you, including by post or telephone or, if you provide consent for us to communicate with you electronically, by email.

   If you appoint a migration agent and give us your migration agent's name and address in writing, we will assume you want your migration agent to receive documents and communication from us. However it does not prevent you from contacting us. You have the option of directly receiving communication from us.

   You also have the option to authorise another person to receive written communication on your behalf even if that person is not a registered migration agent.

   If another person gives us information that could result in you being refused a visa, we will usually give you the opportunity to comment on the information.

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   Interview

   You might also be interviewed. If you are asked to attend an interview in person, bring your passport or other identification and any requested documents to the interview.

   If you are interviewed, give all the information needed to make a decision about your visa application. We will provide you with an interpreter at the interview if you need one. Your friend, relative or migration agent can also attend the interview with you.

   If you do not attend an interview that we have asked for, your Protection visa application can be decided on the information available to your decision-maker at the time.

   Interview process

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   Visa decision

   Processing times

   Every protection visa application is considered as quickly as possible. However, it could take a number of weeks or many months to make a decision on your application. The time taken to decide an application is dependent on you providing all your information in the application form and you responding to any requests for more information or comments from the decision maker in the specified timeframe.

   If your visa is approved

   We will send you a visa grant letter. It is important that you read the Visa Grant Notice and the Important Information leaflet that is attached to your grant letter.

   Grant of Permanent Protection visa

   If your visa is not approved

   If this visa is not approved, we will send you a letter stating:

   • why the visa was refused
   • your review rights with the Administrative Appeals Tribunal (AAT) and how you can apply for a review
   • the time limit for lodging an application for review.

   If your protection visa has been refused or cancelled, you can ask the Minister for Home Affairs to intervene in your case. The Minister does not have to consider your request and he only intervenes in a very small number of cases.

   Refusal of a Permanent Protection visa

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   Applying for assistance

   If you have lodged a valid application for this visa you might be able to get financial or other assistance.

   Financial help and casework services

   The Status Resolution Support Services (SRSS) program provides services to certain non-citizens while they cooperate with the Department to resolve their immigration status. The level of financial and casework assistance you can access through the SRSS program depends on your situation. More information is available on the Medicare website.

   Access to Medicare

   You can visit the Medicare website to find out about getting health benefits from the Australian Government. We encourage you to provide Medicare with a copy of your 'Acknowledgement' letter so that Medicare can access your details.