Subclass 866 — Protection visa

Who the Protection visa (subclass 866) is generally for

In general terms, the subclass 866 is a permanent visa for people who are already in Australia and who engage Australia's protection obligations. Broadly, those obligations arise either under the international refugee framework or under what is commonly called complementary protection. Whether a particular person engages those obligations is a legal question, not something that can be worked out from a checklist or a website. It is decided by the Department of Home Affairs against the law as it stands, and it turns entirely on individual circumstances. Because protection matters are highly individual and legally complex, this overview deliberately stays at the level of the process and does not attempt to describe who qualifies. A few general points are widely understood: the visa is for people in Australia rather than offshore, an application is assessed on its own facts, and identity, health and character matters are typically considered as part of the process alongside the central protection question. Beyond that, the substance of any claim is a matter for proper legal assessment. This is general information only — not immigration assistance or legal advice. Whether you engage Australia's protection obligations, and whether this visa is the right course at all, is a legal question that should be assessed by a registered migration agent or an immigration lawyer. Free or low-cost specialist legal help is available in Australia for protection matters, and it is generally wise to seek that advice early rather than late. Always check the official Home Affairs page for current requirements.

Common questions about the Protection visa (subclass 866)

Health and character requirements

Like most Australian visas, the Protection visa (subclass 866) lists health, character and security among the requirements that must be met before a grant. Applicants are generally expected to meet Australia's health requirement, which exists to protect the community from public health and safety risks (particularly active tuberculosis) and to help manage the cost of, and access to, health and community services. Applicants may be asked to undergo health examinations, and the results are assessed by a Medical Officer of the Commonwealth. Character requirements are set out under section 501 of the Migration Act 1958. When applying, a person is generally asked to declare all criminal conduct they have been charged with or convicted of in any country, to answer all questions truthfully, and to provide any requested information. The Department may cancel or refuse a visa where a person does not meet these requirements. After an application is lodged, the Department may request supporting documents such as a police certificate (also called a penal clearance certificate), Form 80, a statement of character, or a military certificate. Police certificates are usually requested from each country a person aged over 17 has lived in for at least 12 months in the past 10 years, and are generally valid for 12 months from their issue date. This is general information only and is not immigration assistance or legal advice.

Visa Application Charge and related costs

The official visa listing shows a base Visa Application Charge of AUD50.00 for the Protection visa (subclass 866). This is a charge paid to the Australian Government as part of the application process, and it is separate from any fee charged by a migration agent, lawyer, or other service. Beyond the government charge, other costs can arise during an application, such as arranging health examinations and obtaining any police certificates the Department requests. The Department also notes that free legal advice and help with a Protection visa application is available, and it publishes information on who can help with a visa application before a person pays anyone. This is general information only and is not immigration assistance or legal advice.

Processing times and how long the visa lasts

The Protection visa (subclass 866) is a permanent visa. The official listing describes it as letting a successful applicant live, work and study in Australia permanently, and sponsor eligible family members for permanent residence through the offshore Humanitarian Program. The Department's visa listing states that processing times for this visa are unavailable. Where a case is referred for character consideration, the Department notes such cases can take significant time to finalise, and timeframes can vary with the complexity of the matter and how quickly information is provided or received. Some supporting documents also carry their own timing: police certificates are generally valid for 12 months from their issue date, and a new certificate may be requested if an earlier one has expired. This is general information only and is not immigration assistance or legal advice.

Conditions that generally attach to this visa

The Protection visa (subclass 866) is a permanent visa. On the official visa listing the Department of Home Affairs states that holders can live, work and study in Australia permanently, and the specific travel condition it highlights for this visa is condition 8559. Condition 8559 concerns travel to the country (or countries) a person was found to need protection from. In general terms, holders and members of their same family unit must not enter that country unless the Australian Government has given written approval before they travel. The Department indicates such approval is only given where there are compassionate or compelling circumstances justifying the travel. The official material explains that entering the country of claimed protection without written approval, even briefly, breaches condition 8559, and that the Department may then cancel the visa, including the visas of members of the family unit. Separately, the Department recommends against using a passport or travel document issued by a person's country of nationality, noting that doing so may lead it to consider that protection is no longer needed and may result in cancellation of the visa. Beyond this condition, the Department states that holders and their family members must obey all Australian laws, and holders are generally expected to keep the Department informed of changes in their circumstances (for example by lodging Form 1022), such as a change of contact details or address, passport, relationship status, or the birth of a child. This is general information only and is not immigration assistance or legal advice.

Eligibility in detail

The Protection visa (subclass 866) is generally for people who are already in Australia, who arrived holding a visa that was in effect, and who were immigration cleared on arrival. The official material states that a person cannot make a valid application from outside Australia, and that people who were not immigration cleared on their last entry generally cannot apply. There are two broad bases on which a person may engage Australia's protection obligations. The refugee criterion generally looks at whether a person, if they returned home, would face a real chance of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. The complementary protection criterion generally looks at whether a person would face a real risk of significant harm even if the refugee criterion is not met. Family members of a person who engages these obligations may also be included. Decision-makers generally also consider whether a person could legally enter and safely live in another country other than their home country, in which case protection in Australia would generally not be granted. Applicants are generally assessed against identity requirements, and against health, character and security requirements. The official process also refers to not being barred from lodging a permanent protection visa application, not having held certain visas, and signing the Australian values statement. There is no points test, English-language test, skills assessment, occupation list, or sponsorship/nomination requirement for this visa. This is general information only and is not immigration assistance or legal advice.

Family members and life after grant

Members of the same family unit can generally apply together on the one application, provided they are in Australia at the time of application and are eligible. The official material describes the family unit as generally including a spouse or de facto partner, dependent children or step-children (of the applicant or their partner), and certain other dependent relatives. A dependent child is generally under 18, or 18 or older where they are incapacitated for work or substantially reliant on a parent for support, and is generally not treated as dependent if married, engaged, or in a de facto relationship. A child born after lodgement and before a decision is generally taken to be included in the application. This is a permanent visa, so a person generally becomes an Australian permanent resident on the day it is granted. The Department indicates holders can generally live, work and study in Australia permanently. Holders can generally access government services such as Medicare and Centrelink, and may be eligible for free English language classes through the Adult Migrant English Program. On travel, the Department states holders can generally travel to and from Australia for five years from the grant date. After the travel facility expires, a Resident Return visa (subclass 155 or 157) is generally required to re-enter as a permanent resident. Travel to the country of claimed protection remains subject to condition 8559. As a permanent resident, a person may in time be eligible to sponsor eligible family members through the offshore Humanitarian Program, and may become eligible to apply for Australian citizenship after meeting the relevant requirements. Holders and their family members are generally expected to obey Australian laws and to notify the Department of relevant changes. This is general information only and is not immigration assistance or legal advice.

Refusals and merits review

The Department of Home Affairs states that it refuses a high proportion of Protection visa applications because they do not meet the visa's requirements, and that applications are commonly refused where the person does not engage Australia's protection obligations, could legally enter and safely live in a third country, or does not meet identity, health, character or security requirements. Providing false or misleading information or false documents can also affect an application and carries serious penalties. The official material notes that a refusal can have significant consequences, which generally include limits on applying for most other visas while in Australia, the need to leave Australia if the person no longer holds a valid visa, a refusal record that remains on a person's immigration history, and potential effects on future travel. In some cases, people who are removed may be liable for removal costs. If a decision is unfavourable, merits review at the Administrative Review Tribunal (ART) may be available. The ART states that it can review certain decisions to refuse or cancel a protection visa. Merits review generally involves the Tribunal looking again at the decision on its facts and the law. Strict time limits generally apply to lodging a review, and the deadline is generally set out in the decision record and the ART's own information. For refugee (protection) reviews the ART indicates a fee is not required when the application is lodged, but a fee can become payable depending on the outcome (for example, where the Tribunal affirms the decision under review). This information is factual and general only. It is not a prediction about any individual case, and it is not legal advice. This is general information only and is not immigration assistance or legal advice.

Costs in detail

The Department of Home Affairs publishes the visa application charge (VAC) for the Protection visa (subclass 866) on the official visa listing, where the cost is shown as AUD50.00. Members of the same family unit generally apply on the same application. Because published charges can change, the current amount and any breakdown should be confirmed on the Department's visa listing and visa pricing estimator. Where a visa has additional applicant charges (for applicants aged 18 and over and those under 18) or a second instalment of the VAC, these are set out in the Department's charge information; the official listing for this visa shows the single AUD50.00 figure rather than a separate second instalment. The Department states that the visa application charge is generally not refunded even if the application is refused or withdrawn, and that a second instalment (where one applies to a visa) is generally not payable if the application is refused or withdrawn before it is paid. Separately from the VAC, meeting health, character and security requirements can involve other costs (for example, health examinations or police/character checks); these are separate from the visa application charge. The government visa application charge is separate from, and should not be confused with, any service or platform fee charged by a third party for assistance. Any such service fee is not a government charge. This is general information only and is not immigration assistance or legal advice.

Health cover and insurance

The Protection visa (subclass 866) is a permanent visa. Because it is a permanent visa rather than a temporary one, it does not carry the kind of temporary-visa condition that requires you to hold and maintain your own health insurance for the length of your stay. Adequate-health-insurance conditions such as condition 8501, and products like Overseas Visitor Health Cover (OVHC) or Overseas Student Health Cover (OSHC), are generally attached to temporary visas (for example visitor or student visas) and are not a feature of this permanent visa. Holders of permanent visas can generally access Medicare, Australia's public health scheme, once enrolled. Enrolment is handled by Services Australia, not by the Department of Home Affairs. Services Australia also states that people who have applied for a permanent visa, including a permanent protection visa, may be able to enrol in Medicare before a decision is made, if they provide the required documents. The official Services Australia guidance sets out exactly who can enrol and what evidence is needed. Medicare does not cover every cost. Items such as most dental care, ambulance transport and optical services typically sit outside Medicare, and some people choose to take out private health insurance for those and for private-hospital treatment. Whether that suits your situation is a personal decision, and this page does not recommend any particular insurer or product. Australia also has Reciprocal Health Care Agreements (RHCAs) with a number of countries, which can give visitors from those countries access to some medically necessary care. These agreements are aimed at short-term visitors rather than permanent residents, so they are generally not the relevant pathway for a permanent visa holder, but Services Australia publishes the current list of partner countries and what each agreement covers. For authoritative and up-to-date detail, use the official Department of Home Affairs page for the subclass 866 visa and the Services Australia pages on Medicare enrolment and Reciprocal Health Care Agreements. This is general information only and is not immigration assistance or legal advice.