Key Takeaways
- No published protection visa 866 approval rate tells an applicant whether their own application will be approved. Approval depends on what the decision maker finds at interview and on the evidence provided before and after it.
- Before approving, the decision maker must be satisfied of every criterion: the protection criterion, security, character, health and identity. An application that has passed the protection assessment can still stall on health or character checks.
- The interview and the written submission that follows it are usually the last chance to deal with the decision maker's concerns before a decision is made.
- An invitation to comment on adverse information under section 57 of the Migration Act 1958 must be answered within the deadline. The response can decide the outcome.
- Once approved, the Subclass 866 is a permanent visa. The holder can live, work and study in Australia permanently, and the grant has consequences for travel and family that should be understood.
What is the protection visa 866 approval rate, and what does approval require?
The protection visa 866 approval rate in the Department's published figures changes from month to month, and it does not tell an applicant whether their own application will be approved. Approval requires the decision maker to be satisfied that every criterion for the Subclass 866 visa is met, on the evidence before them at the time of decision.
People who search for the protection visa 866 approval rate are often already part of the way through the process. They have lodged. They may have been interviewed. They are waiting. What they want to know is whether their application is heading towards approval, and what they can still do.
This article is written for that stage. It explains the steps between lodgement and approval, what the decision maker needs to see before approving, how the interview and the submissions after it affect the outcome, and what approval means once it arrives. The published figures are discussed in our article on protection visa success rates in Australia.
Why the national figure is the wrong measure
A national protection visa 866 approval rate combines every application decided in a period. It includes applicants who never attended an interview, never responded to a request, or never had advice. It cannot describe an application that has been properly prepared and carefully followed through. The measure that matters is whether your application has answered the decision maker's questions.
The stages between lodgement and approval
The stages between lodgement and approval usually include acknowledgement of the application, identity and security checks, possible requests for information, the interview, any invitation to comment on adverse information, health and character checks, and the decision.
Acknowledgement and early checks
After lodgement, the Department acknowledges the application and begins identity, security and character checks. Some of these checks run in the background for a long time.
Requests for information
The Department may ask for more information under section 56 of the Migration Act. The request has a deadline. Our article on responding to a section 56 request explains how to respond.
The interview
Most applicants are invited to an interview. The interview is where the claims are tested in detail.
Adverse information
If the Department holds information that would be a reason for refusal, it will generally invite the applicant to comment before deciding.
Health and final checks
Health examinations and remaining checks are completed. The visa cannot be granted until they are satisfied.
The decision
Each earlier stage feeds into the protection visa 866 approval rate for the application, because the decision maker relies on everything gathered along the way. The decision is recorded and sent to the applicant or their representative. Our article on protection visa processing times explains why each stage can take time.
Signs an application is moving towards approval
Some steps in the process tend to come later, and they can indicate that an application is moving towards a decision. None of them guarantees approval, and none of them changes the protection visa 866 approval rate for the application on its own.
A request for health examinations
Health examinations are often requested once the Department has made progress on the assessment. A request is a reason to act quickly, not a reason to assume the outcome.
Requests for police certificates or final documents
Requests for police certificates, updated passports or final identity documents usually relate to the remaining criteria. They should be answered promptly.
No adverse information after the interview
If the interview has been completed and no adverse information has been put to the applicant, that may mean the officer has no further concerns to raise. It may also mean the officer has not yet reached that stage.
Why applicants should not read too much into signs
Applicants often try to read the protection visa 866 approval rate for their own case from the order of letters. The order varies. The safest course is to treat every request as important, respond in full, and keep the application strong until the decision arrives.
What must the decision maker be satisfied of before approving?
Before approving, the decision maker must be satisfied that the applicant meets the protection criterion and every other criterion for the Subclass 866 visa, including security, character, health, identity and the other time of decision criteria.
The protection criterion
The decision maker must be satisfied that the applicant is a refugee under section 36(2)(a), meets the complementary protection criterion in section 36(2)(aa), or is a member of the same family unit as an applicant who does. This requires findings of fact about the applicant's account, followed by the application of the legal test.
The other criteria
The decision maker must also be satisfied of the security and danger criteria in sections 36(1B) and 36(1C), the health criteria, the character and other public interest criteria, and the identity provisions. Our page on the Subclass 866 protection visa summarises them.
The applicant must be in Australia
The visa must be granted while the applicant is in Australia. An applicant who travels overseas while waiting may not be able to be granted the visa.
Why this matters for the protection visa 866 approval rate
An application can pass the protection assessment and still stall. When people ask about the protection visa 866 approval rate, they often do not realise that the last stages, health and character, can delay or prevent grant.
How the interview affects the protection visa 866 approval rate
The interview affects the protection visa 866 approval rate more than almost any other step, because it is where the decision maker tests the account, puts concerns to the applicant, and forms a view on credibility.
What the officer is looking for
The officer is looking for a consistent, detailed account of the central events, a clear explanation of why the applicant fears return, and answers to the questions of relocation, state protection and personal risk. The officer will compare the answers with the application, the statement of claims and any earlier visa applications.
How to prepare
Preparation means reading everything previously lodged, understanding where the differences are, and being ready to explain them truthfully. It does not mean memorising answers. A memorised account often sounds rehearsed and can reduce credibility. Our guide to the protection visa interview explains the process, and our article on protection visa interview questions explains what is usually asked.
Interpreters
If the applicant does not understand the interpreter, they should say so immediately. Problems raised at the time can be dealt with. Problems raised later are much harder to rely on.
The role of a representative
A representative can attend the interview. The representative does not answer for the applicant, but can ensure the process is fair, raise concerns and make submissions at the end.
Why the post-interview submission matters to the protection visa 866 approval rate
The post-interview submission matters to the protection visa 866 approval rate because it is often the last opportunity to deal with the concerns the officer raised before the decision is made.
What it should contain
A post-interview submission should identify each concern raised at the interview, respond to it with evidence and explanation, and apply the legal test to the facts. It should deal with relocation, state protection and personal risk if those issues were raised.
Clarifying answers
If an answer at the interview was incomplete, misunderstood or affected by interpretation, the submission can clarify it. The clarification should be honest and specific.
Timing
The submission should be provided promptly. The officer may set a date for any further material. Material provided after the decision cannot change it.
How adverse information affects the protection visa 866 approval rate
Adverse information can decide the protection visa 866 approval rate for an individual application. If the Department holds information that would be a reason for refusal, it will generally invite the applicant to comment under section 57, and the response is often decisive.
What adverse information looks like
Adverse information may come from an earlier visa application, from country information, from a third party, or from the Department's own records. It may concern identity, travel, relationships or the events at the centre of the claim.
How to respond
The response should address each item directly. It should explain any inconsistency, provide evidence where possible, and set out why the information does not justify refusal. It must be made within the deadline.
Why advice matters here
An invitation to comment is a signal that the application is at risk. It is one of the points at which legal advice has the greatest value. Our article on hiring an immigration lawyer after lodging your own application explains how to bring a lawyer in at this stage.
Why approvals stall at the health and character stage
Approvals stall at the health and character stage because the visa cannot be granted until every remaining criterion is satisfied, even after the protection assessment is complete.
Health examinations
The applicant and included family members must complete the health examinations the Department requires. A delay in booking or attending them delays the decision.
Character and police checks
Character checks may require police certificates or further information. A criminal matter, in Australia or overseas, may lead to further inquiries.
What a stall means
A stall at this stage does not usually mean the protection claim has been rejected. But the protection visa 866 approval rate for an individual application can still fall at this point if a request is ignored, an examination is missed or a character issue is not answered. The last stage needs the same care as the first.
Identity
If identity issues remain unresolved, the Department may request further evidence under section 91W. The request must be answered, and missing documents must be explained. Our protection visa documents checklist explains the identity evidence usually provided.
What changes must be reported while waiting for approval?
Changes in circumstances must be reported to the Department while the application is being decided, including changes of address, contact details, relationship status, family composition and any new events relevant to the claims.
How to report changes
Most changes are reported using the Department's change of circumstances process. Our article on Form 1022 explains when it is used.
New events relevant to the claims
Reporting new events can improve the protection visa 866 approval rate for the application, because the decision is made on the facts at the time of decision. New threats, events affecting family members at home, or changes in the home country should be put before the decision maker with evidence. They may strengthen the claim.
Travel
Travel while waiting carries serious risk. A Bridging visa A does not permit travel, and the visa cannot be granted while the applicant is overseas.
How family members affect the protection visa 866 approval rate
Family members affect the protection visa 866 approval rate for the whole application because each included family member must meet the criteria that apply to them, and a delay with one family member can delay the grant for everyone.
Each family member's checks
Each family member must complete health examinations and meet the relevant character and identity criteria. Adults aged 18 or over at the time of application must also satisfy the values statement.
Family members with their own claims
A family member with their own protection claims should have those claims set out and supported. Where the main applicant's claim is weaker, a family member's claim can be decisive for the family.
New family members
A child born in Australia after the application is lodged is generally taken to have applied as well. The birth should be reported, with the birth certificate, so the child can be included in the decision.
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What does approval of a protection visa 866 mean?
Approval of a protection visa 866 means the applicant is granted a permanent visa. The holder can live, work and study in Australia permanently, can enrol in Medicare, and can later apply for Australian citizenship if the residence and other requirements are met.
The grant notice
For an applicant, the protection visa 866 approval rate stops mattering on the day the grant notice arrives. The grant notice sets out the visa, the date of grant and any conditions. It should be kept safely, with copies stored securely. The holder's visa details can be checked online, and employers and service providers may ask to see them.
Family members included in the application
Family members included in the application are generally granted the visa at the same time, if they meet the criteria that apply to them.
Family members overseas
Family members who were not in Australia and not included in the application cannot be granted the Subclass 866 through it. There may be other pathways for them, and advice should be obtained after grant.
Why approval is a turning point
Whatever the published protection visa 866 approval rate was in the month of decision, approval changes everything for the applicant. For many applicants, approval ends years of uncertainty. It also brings new questions about travel, family and citizenship that should be understood before any step is taken.
What should a protection visa 866 holder know about travel after approval?
A protection visa 866 holder can travel overseas using the travel facility attached to the visa, but travel to the country from which protection was sought can raise serious questions and should not be undertaken without advice.
The travel facility
The Subclass 866 permits travel to and from Australia for a period after grant. After that period, a resident return visa may be needed to return. The dates should be checked on the grant notice.
Returning to the country of claimed persecution
A person who returns to the country they said they feared may be asked why. The Department can take that travel into account, including in later decisions about the person's visa or citizenship. Anyone considering such travel should obtain advice first.
Travel documents
A protection visa holder may not be able to use their home country passport safely, or may choose not to. Other travel document options may be available, and advice should be obtained.
What happens if the application is not approved?
If the application is not approved, the applicant can usually apply to the Administrative Review Tribunal for review, but the deadline is short and strictly applied, and it runs from when the applicant is taken to have been notified.
The first steps
A refusal is not the end of the process, and the protection visa 866 approval rate at the Tribunal stage depends on how the review is prepared. Confirm the date of notification, calculate the deadline and obtain advice immediately. Our page on protection visa refusals explains the steps.
What the Tribunal does
The Tribunal decides the claims again on the material before it at the time of its decision. New evidence can be provided. Our guide to the protection visa ART hearing explains the hearing.
The bar on a further application
A refusal generally prevents a further protection visa application in Australia under section 48A. The review is usually the last full hearing of the claims.
Common myths about the protection visa 866 approval rate
Several common beliefs about the protection visa 866 approval rate are wrong, and acting on them can harm an application.
"People from my country are always approved" or "always refused"
Grant figures vary by nationality and from month to month, but no nationality guarantees approval or refusal. Each application is decided on its own facts. An applicant from a country with a high published rate can be refused, and one from a country with a low published rate can be approved.
"A long wait means my application will be refused"
A long wait is common and does not by itself indicate the outcome. It usually reflects the Department's caseload and the background checks.
"The Tribunal approves more applications, so the first stage does not matter"
The first stage matters a great deal. Everything lodged at the first stage is on the Tribunal file, and inconsistencies created early must still be explained.
"A lawyer can guarantee approval"
No lawyer can guarantee the outcome. A lawyer can reduce avoidable problems and present the claim in the form the law requires, but the protection visa 866 approval rate for any individual case depends on the facts and the evidence.
How My Migration Lawyers acts through to approval
My Migration Lawyers acts for protection visa applicants from lodgement through to approval and beyond, and the firm handles many matters at the interview, post-interview and adverse information stages, where the protection visa 866 approval rate for an individual case is most affected.
The firm is led by Weiwei Zhang, Principal Lawyer. My Migration Lawyers is capable of handling complex protection matters at any stage, including applications that were lodged without advice and applications facing adverse information.
Before and at the interview
The firm reviews everything lodged, identifies the issues the officer is likely to raise, and prepares the client for the interview. It attends the interview with the client.
After the interview
The firm prepares the post-interview submission, responds to any invitation to comment on adverse information within the deadline, and follows the health and character stages through to decision. Any further statement is the client's own account, reviewed and corrected by the client, and the client decides which claims are advanced.
After approval or refusal
After approval, the firm advises on travel and family options. After a refusal, it advises on review within the deadline. The firm does not promise outcomes. It works to make sure the application is not refused for reasons that could have been addressed.
Book a consultation with My Migration Lawyers through our online booking page. If you have an interview or a deadline coming up, you can also call 1300 040 300. You can also read more about our protection visa lawyers.
Frequently Asked Questions
My interview went badly. Is it too late to improve my chances?
Not necessarily. A written submission after the interview can respond to the concerns the officer raised, clarify answers that were incomplete or affected by interpretation, and provide further evidence. It should be provided promptly and should address each concern directly. If the officer later sends adverse information for comment, that is a further opportunity to respond before the decision is made.
Why is my protection visa taking so long after the interview?
After the interview, the decision maker may be considering the evidence, waiting for further material, completing identity, security or character checks, or waiting for health examinations. Some of these checks take time and happen in the background. A long wait does not by itself mean the application will be refused. It is important to keep contact details current and to respond to any request promptly.
Can I travel while I wait for my protection visa decision?
Travel carries serious risk. A Bridging visa A does not permit travel, so a Bridging visa B would be needed. The Subclass 866 visa must be granted while you are in Australia, so being overseas when the decision is ready can prevent grant. Travel to the country you say you fear is likely to be treated as evidence against your claim. Obtain advice before making any travel plans.
Once my protection visa is approved, can I bring my family to Australia?
Family members who were included in your application and were in Australia are generally granted the visa with you. Family members overseas cannot be granted a Subclass 866 through your application. There may be other visa pathways for them, each with its own requirements, and advice should be obtained after your visa is granted.
Can I visit my home country after my protection visa is granted?
You should obtain advice first. A protection visa holder who returns to the country they said they feared may be asked why, and the travel can be taken into account in later decisions about their visa or citizenship. The travel facility on your visa, and the travel document you would use, also need to be checked before any trip.
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.
