Key Takeaways
- Yes. A Myanmar citizen can apply for a Subclass 866 protection visa if they are in Australia when they apply and when the visa is granted, and no application bar in the Migration Act applies to them.
- Stateless people from Myanmar, including most Rohingya, can also apply. A person with no nationality is assessed against their country of former habitual residence.
- Myanmar law does not permit dual citizenship. Under the Burma Citizenship Law 1982, a citizen who acquires another citizenship or takes out a foreign passport ceases to be a citizen.
- An applicant who cannot produce a passport or other identity documents can still apply, but must give a reasonable explanation. The Department should not ask an applicant to contact the Myanmar authorities for documents if they fear the Myanmar state.
- A person whose protection visa application has already been refused in Australia is barred by section 48A from applying again unless the Minister personally allows it under section 48B.
Can Myanmar citizens apply for a Subclass 866 protection visa? Yes. A citizen of Myanmar, also known as Burma, who is in Australia can apply if the Migration Act does not bar them. People from Myanmar who are not recognised as citizens, including most Rohingya, can apply as well.
This guide answers the question, can Myanmar citizens apply for a Subclass 866 protection visa, as an eligibility question. It covers the conditions for a valid application, the bars that stop some people from applying, how stateless applicants are assessed, how the Department deals with missing identity documents, and what happens to a person's visa after they lodge. The visa itself is explained in the definitive guide to the Subclass 866 protection visa.
Can Myanmar citizens apply for a Subclass 866 protection visa?
Yes. A Myanmar citizen can apply for a Subclass 866 protection visa if they are physically in Australia, they make a valid application, and no bar in the Migration Act 1958, such as section 48A, applies to them.
Australian law does not limit the Subclass 866 visa to particular nationalities. Myanmar citizens apply under the same rules as everyone else. It makes no difference whether the person is Bamar, Chin, Kachin, Karen, Shan, Rakhine or from another group, or whether they are Buddhist, Christian or Muslim.
The Subclass 866 visa is a permanent visa for people in Australia who engage Australia's protection obligations. The Subclass 866 protection visa page explains what it provides.
The question "can Myanmar citizens apply for a Subclass 866 protection visa" has two parts. The first is whether the person can lodge a valid application at all. The second is whether they can prove their claim. This guide deals mainly with the first part, and with two issues that arise often for people from Myanmar: statelessness and identity documents.
What must a Myanmar citizen satisfy before applying?
A Myanmar citizen must be in Australia, must not be caught by an application bar, and must lodge a complete application in the approved form. Each condition is explained below.
Being in Australia
The Subclass 866 visa is an onshore visa. The applicant must be in Australia when they apply and when the visa is granted. Can Myanmar citizens apply for a Subclass 866 protection visa from Myanmar, Thailand or Malaysia? No. A person outside Australia cannot apply for this visa.
No earlier protection visa refusal in Australia
Under section 48A, a person whose protection visa application has been refused while they were in the migration zone cannot make a further protection visa application while they remain in Australia. The bar also applies where a protection visa has been cancelled.
The bar applies whatever the grounds of the new application. The only exception is where the Minister personally decides under section 48B that it is in the public interest to allow a further application. The Minister does not have to consider a request. So for a Myanmar citizen who has been refused before, the answer to "can Myanmar citizens apply for a Subclass 866 protection visa" is usually no.
Arrival by boat without a visa
A person who entered Australia by sea without a visa is an unauthorised maritime arrival. Section 46A generally prevents that person from making a valid application unless the Minister lifts the bar. Can Myanmar citizens apply for a Subclass 866 protection visa if they came by boat? Generally not, unless the Minister has lifted the bar for that visa. Anyone from Myanmar with that history should get advice before lodging.
A valid application
A Subclass 866 application is lodged online in ImmiAccount using Form 866. The guide on how to create an ImmiAccount explains the first step, and the guide to Form 866 explains the form.
The application must give the applicant's identity and nationality details, or explain why the applicant has no nationality, and set out the claims for protection. Family members in Australia who want to be covered must be included as members of the family unit. Can Myanmar citizens apply for a Subclass 866 protection visa that covers relatives still in Myanmar or in a refugee camp? No. Only family members in Australia can be included. The protection visa documents checklist lists the usual documents.
Can Myanmar citizens apply for a Subclass 866 protection visa without a lawyer?
Yes. No law requires a Myanmar citizen or a stateless person from Myanmar to have a lawyer or other representative to apply. An applicant can lodge Form 866 in ImmiAccount on their own.
The harder question is whether that is wise in their situation. Can Myanmar citizens apply for a Subclass 866 protection visa without advice and still protect their position? Some can. But section 48A usually makes the first application the only one that can be made in Australia. The written account is compared with the interview and with every later statement, and claims left out at the start are difficult to add later. People who are stateless, who have no identity documents, or who lived for years in a third country face the most complex questions. A person who appoints a representative does so using Form 956.
What must a Myanmar applicant prove after applying?
After making a valid application, the applicant must satisfy the Department that Australia owes them protection obligations under the refugee test or the complementary protection test in section 36 of the Migration Act.
Under the refugee test in section 36(2)(a) and section 5J(1), the applicant must have a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion. The real chance of persecution must relate to all areas of the receiving country.
Under complementary protection in section 36(2)(aa), the applicant must face a real risk of significant harm as a necessary and foreseeable consequence of removal. Section 36(2A) limits significant harm to arbitrary deprivation of life, the death penalty, torture, cruel or inhuman treatment or punishment, and degrading treatment or punishment. The page on complementary protection explains that test, and the guide to protection visa eligibility explains what to check first.
Can stateless Rohingya and other people from Myanmar apply?
Yes. A stateless person from Myanmar can apply for a Subclass 866 protection visa on the same basis as a citizen. Statelessness is not a bar. It changes the country against which the claim is assessed.
Strictly, the question "can Myanmar citizens apply for a Subclass 866 protection visa" does not fit most Rohingya, because Myanmar does not treat them as citizens. The DFAT Country Information Report on Myanmar dated 7 April 2025 explains that the Rohingya were excluded from the list of recognised national races, lost their earlier registration cards, and were left undocumented and effectively stateless after temporary registration cards, known as white cards, were declared invalid in 2015. The Department's Protection Visa Processing Guidelines identify Burmese Rohingya as one of the largest groups of protection visa applicants who claim to be stateless.
Country of former habitual residence
Under section 5H(1)(b) of the Migration Act, a person who has no nationality is a refugee if they are outside their country of former habitual residence and, because of a well-founded fear of persecution, are unable or unwilling to return to it. Under section 5(1), the receiving country for a person with no nationality is their country of former habitual residence, whether or not it would be possible to return them there.
For most Rohingya, that country is Myanmar. For a person who spent many years living in Bangladesh, Malaysia or another country, the Department may need to decide which country or countries count as a country of former habitual residence. That depends on the person's history, and the application should set it out fully.
Being stateless is not enough on its own
Statelessness does not by itself mean a person engages protection obligations. The applicant must still show a well-founded fear of persecution, or a real risk of significant harm, in the receiving country. For Rohingya, that usually involves the treatment of Rohingya in Rakhine State and elsewhere, and the denial of citizenship itself may form part of the claim.
Nationality is decided by the law of the country concerned, not by the documents a person carries. Some Rohingya hold documents from Bangladesh or another country. Can Myanmar citizens apply for a Subclass 866 protection visa if they carry another country's papers? Yes, but the application must explain how the documents were obtained and what status, if any, they give.
Does Myanmar allow dual citizenship?
No. Myanmar does not permit dual citizenship. Section 13 of the Burma Citizenship Law 1982 provides that a citizen shall not acquire the citizenship of another country.
Section 16 provides that a citizen who leaves the State permanently, who acquires the citizenship of another country, or who takes out a passport or similar certificate of another country ceases to be a citizen. So a Myanmar citizen who has acquired another citizenship may no longer be a Myanmar citizen under Myanmar law. Can Myanmar citizens apply for a Subclass 866 protection visa after taking another country's citizenship? Yes, but their receiving country may then be that other country, not Myanmar.
This matters under section 36(3) to (7) of the Migration Act. Under section 36(3), Australia is taken not to have protection obligations to a person who has not taken all possible steps to avail themselves of a right to enter and reside in any country apart from Australia, including a country of which they are a national. Under sections 36(4), (5) and (5A), that rule does not apply to a country where the person has a well-founded fear of persecution or faces a real risk of significant harm, or where they fear being sent on to such harm. Under section 36(6), nationality is decided solely by the law of the country concerned. Under section 36A, the Department considers section 36(3) only after deciding whether protection obligations are engaged. Can Myanmar citizens apply for a Subclass 866 protection visa if they also have a right to live in a third country? Yes, but that right must be disclosed and addressed.
What if you have no Myanmar passport or identity documents?
A person from Myanmar can still apply without a passport. They must provide whatever evidence of identity, nationality or citizenship they have, and give a reasonable explanation for anything they cannot provide.
Can Myanmar citizens apply for a Subclass 866 protection visa with no identity documents at all? Yes. The application is still valid. But the applicant's identity becomes a central issue, and the explanation for the missing documents must be credible and consistent.
Under section 91W, the Department can ask a protection visa applicant to produce documentary evidence of identity, nationality or citizenship. If the applicant refuses or fails to comply, or produces a bogus document, without a reasonable explanation, the visa cannot be granted. Under section 91WA, the visa cannot be granted if the applicant provides a bogus document, or destroys or disposes of identity documents, without a reasonable explanation, unless they provide genuine evidence or take reasonable steps to do so.
The Department's guidelines recognise that stateless applicants may not be able to obtain documents. They also direct that an applicant should never be asked to approach the authorities of a country they fear to obtain identity documents. For Myanmar, relevant documents may include a Citizenship Scrutiny Card, an old National Registration Card, a white card, a household list, school or religious records, or documents issued by UNHCR or a third country.
Obtaining or renewing a Myanmar passport can also be difficult. DFAT reports that since February 2024 the military authorities have enforced the People's Military Service Law, and rules made in January 2025 ban overseas travel for people ordered to serve. Can Myanmar citizens apply for a Subclass 866 protection visa with an expired passport? Yes. The applicant should explain why it could not be renewed. The guide to protection visa evidence explains how identity and other evidence fit together.
Which visas do Myanmar citizens usually hold when they apply?
Myanmar citizens usually apply for a Subclass 866 protection visa while holding a visitor visa, a student visa, a work visa, a partner visa or a bridging visa. The type of visa does not change the legal test.
Visitor visa
Can Myanmar citizens apply for a Subclass 866 protection visa while on a Visitor visa (Subclass 600)? Yes. A No Further Stay condition, such as condition 8503, does not prevent an onshore protection visa application. The applicant may be asked why they applied as a visitor if they already feared return. The guide on applying for a Subclass 866 on a tourist visa explains the issues.
Student visa
Can Myanmar citizens apply for a Subclass 866 protection visa while studying? Yes. A Myanmar student can apply while their student visa is in effect, and its conditions continue to apply while it remains in effect. The guide for international students explains how study and work are affected.
Work, partner and bridging visas
Can Myanmar citizens apply for a Subclass 866 protection visa while holding a work visa or a temporary partner visa? Yes. The protection application does not cancel either visa. Where a partner relationship has ended or there has been family violence, another pathway should be considered first. The partner visa lawyers page explains that pathway. A person on a bridging visa, or whose visa has expired, can also apply if no bar applies. The overview of bridging visas in Australia explains the types.
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What happens to your current visa after you apply?
Lodging a Subclass 866 application does not cancel the visa a Myanmar citizen already holds. That visa continues, with its conditions, until it expires or is cancelled.
A person who applies while holding a substantive visa usually receives a Bridging Visa A. It generally comes into effect when the substantive visa ends, and it keeps the person lawful while the application is decided. Work rights depend on its conditions. Some applicants can work, and some must apply for permission. The conditions should be confirmed in writing.
Can Myanmar citizens apply for a Subclass 866 protection visa after their visa has expired? Yes, if no bar applies. But a bridging visa is not automatic in that situation, and a person without a visa is an unlawful non-citizen who may be detained. Anyone in that position should get advice urgently.
Does delay affect a Myanmar protection claim?
Yes. A long gap between arriving in Australia and applying for protection can be treated as evidence that the applicant does not genuinely fear return.
Delay is not a bar. Can Myanmar citizens apply for a Subclass 866 protection visa years after arriving? Yes. Many people from Myanmar arrived before the military coup of February 2021 and only became at risk because of what happened afterwards. Others feared return only after conscription began to be enforced. Those reasons should be explained in the applicant's own account. The guide on whether delaying a Subclass 866 application affects a claim explains how delay is assessed.
Who should not apply for a protection visa?
A person from Myanmar who does not genuinely fear persecution or significant harm should not apply for a protection visa. The application will be refused, and the refusal has lasting effects.
- Section 48A. After refusal, the person generally cannot make another protection visa application in Australia without the Minister's personal intervention.
- A lasting record. Everything said in the application stays on the Department's file and can be compared with later applications.
- False information. Giving false or misleading information, or false documents, to the Department is a serious matter. Section 234 of the Migration Act creates offences relating to false documents and false or misleading information, and a bogus identity document can prevent the grant of the visa under sections 91W and 91WA.
The question, can Myanmar citizens apply for a Subclass 866 protection visa, should never be answered by lodging only to stay longer. The statement must be the applicant's own true account. The guide to the protection visa statement of claims explains what it must cover.
Can you travel to Myanmar while your application is pending?
A person who returns to Myanmar while their protection application is pending is likely to do serious damage to their claim. A voluntary return to the country a person says they fear is strong evidence against that fear.
The applicant must also be in Australia when the visa is granted, and leaving Australia can affect a bridging visa. Using or renewing a Myanmar passport, or approaching the Myanmar Embassy, may be examined as evidence that the person is willing to accept the protection of the Myanmar state. There may be a good explanation, such as needing a valid passport to hold a lawful visa. That explanation should be given. A person who is already overseas cannot use the answer to "can Myanmar citizens apply for a Subclass 866 protection visa", because the visa is only for people in Australia. Advice should be obtained before any travel or any contact with the Embassy.
What claims do people from Myanmar usually raise?
Since the military coup of February 2021, claims from Myanmar commonly involve opposition to the military, avoidance of conscription, membership of an ethnic minority such as the Chin, Kachin, Karen or Rohingya, religion, and statelessness. How these claims are assessed is covered in a separate guide to protection visas for Myanmar nationals. Answering "can Myanmar citizens apply for a Subclass 866 protection visa" with a yes is only the first step.
How My Migration Lawyers acts when Myanmar citizens apply for a Subclass 866 protection visa
My Migration Lawyers acts for Myanmar citizens and stateless people from Myanmar who need to know whether they can apply for a Subclass 866 protection visa, and who then need the application prepared properly. The firm deals with complex protection matters, including statelessness and missing identity documents, and acts in many Subclass 866 matters of this exact type. It is capable of handling them from the first eligibility question to decision, and at review if the visa is refused.
When clients ask, can Myanmar citizens apply for a Subclass 866 protection visa, the firm's work includes:
- Eligibility and bars. Checking whether a valid application can be made, including section 46A, section 48A and the client's immigration history.
- Nationality and statelessness. Identifying the receiving country, including the country of former habitual residence for stateless clients, and addressing section 36(3) to (7).
- Identity evidence. Gathering the identity documents the client has, and setting out a reasonable explanation for those they cannot obtain.
- The legal test. Assessing whether the claim fits the refugee test, complementary protection or both.
- The client's own account. Taking the client's own account with an interpreter in their language. It is the client's evidence, which the client reviews and corrects, and the client decides which claims are advanced.
- Country information. Engaging with DFAT country information, state protection and relocation.
- Form 866, interview and requests. Preparing the application, preparing the client for interview and responding to section 56 requests and section 57 invitations.
- Review. Applying to the Administrative Review Tribunal within time if the visa is refused. The page on protection visa refusals explains that process.
My Migration Lawyers is led by Principal Lawyer Weiwei Zhang. The protection visa lawyers page explains how the firm acts in Subclass 866 matters more generally. After reviewing your history, the firm can tell you how the question "can Myanmar citizens apply for a Subclass 866 protection visa" applies to you.
If you are from Myanmar and you fear returning, book a consultation with My Migration Lawyers online, or call 1300 040 300.
Frequently Asked Questions
I am a Myanmar citizen and my visa expires next month. Can I still apply for a protection visa?
Yes. You can apply for a Subclass 866 protection visa while your current visa is still in effect, and a No Further Stay condition does not stop you. Applying before your visa expires usually means you receive a bridging visa that keeps you lawful while the application is decided. If your visa expires first, a bridging visa is not automatic. You should also be ready to explain why you did not apply earlier, for example because of events in Myanmar after you arrived.
I am Rohingya and Myanmar says I am not a citizen. Can I still apply?
Yes. Being stateless does not stop you from applying for a Subclass 866 protection visa. If you have no nationality, your claim is assessed against your country of former habitual residence, which for most Rohingya is Myanmar. If you lived for a long time in Bangladesh, Malaysia or another country, that history should be explained in full. Statelessness alone is not enough, so you must also show the harm you fear in that country.
Do I need my Myanmar passport to apply?
No. You must provide the evidence of identity you have, such as a passport, a Citizenship Scrutiny Card, a household list or other records, and give a reasonable explanation for anything you cannot provide. The Department should not ask you to contact the Myanmar authorities for documents if you fear the Myanmar state. Never provide a false document, because a bogus identity document can prevent the grant of the visa.
My previous protection visa was refused. Can I apply again?
Generally not while you remain in Australia. Section 48A prevents a further protection visa application after a refusal in Australia, even if your new claims are different, such as claims arising from the coup or conscription. The only exception is where the Minister personally decides under section 48B to allow a further application, and the Minister does not have to consider a request. If your refusal is recent, check immediately whether review by the Administrative Review Tribunal is still available.
Can my wife and children be included in my application?
Yes, if they are in Australia. Your spouse and dependent children who are in Australia can be included in your Subclass 866 application as members of your family unit. Each adult can also give their own account of their own claims. Family members who are still in Myanmar or in a refugee camp in another country cannot be included in a Subclass 866 application, because the visa can only be granted to people in Australia.
Weiwei Zhang is the Principal Lawyer and Managing Director of My Migration Lawyers. My Migration Lawyers is one of Australia's leading immigration law firms, dedicated exclusively to Australian immigration law. The firm represents individuals, families and businesses across all areas of migration law, with particular expertise in complex immigration matters, Partner Visas, Protection Visas, corporate migration, visa refusals, Administrative Review Tribunal reviews, judicial reviews and visa cancellations.
