Protection Visa 866 Document Checklist

A protection visa 866 document checklist sets out the documents each person in a Subclass 866 protection visa application needs to provide, and when. Most document lists treat the application as if only one person is applying. In practice, many protection visa applications include a spouse, children or other dependants, and each person needs their own documents.

This protection visa 866 document checklist is organised by person and by stage. It covers the main applicant first, then each family member, then the documents the Department asks for after lodgement. For a general overview of evidence, see the protection visa documents checklist. This article is the working list for a family application.

What is a protection visa 866 document checklist?

A protection visa 866 document checklist is a list of the documents required to support a Subclass 866 application, grouped so that nothing is missed. The Department of Home Affairs asks applicants to attach all relevant documents in ImmiAccount. It groups them as identity documents, claims for protection, evidence and supporting documents, relationship documents, character documents and visas or residence permits.

A good protection visa 866 document checklist does three things:

• It separates people. Each person included in the application must prove who they are and how they are related to the main applicant.
• It separates stages. Some documents are needed at lodgement. Others, such as police certificates and health examinations, are requested later.
• It flags gaps. Where a document cannot be obtained, the checklist records why, so that an explanation can be given.

Why organise the protection visa 866 document checklist by person?

The protection visa 866 document checklist should be organised by person because each person in the application is assessed individually. The main applicant must satisfy the protection criterion. Family members who do not have their own claims can be granted the visa as members of the same family unit, but only if the relationship is proved.

Organising by person also prevents a common problem. Families often gather one set of documents for the household and upload them together. The Department then has to work out which document belongs to whom. Where a child's birth certificate is missing, or a spouse's passport pages are incomplete, the gap is easy to overlook until the Department asks.

A simple method is to create one folder for each person, named exactly as their name appears on their passport. Within each folder, keep identity documents, relationship documents, visas and any evidence of that person's own claims.

When should you start the protection visa 866 document checklist?

You should start the protection visa 866 document checklist as soon as you are considering a protection visa, and well before your current visa expires. Documents often take time to find, translate or explain.

There are three practical reasons to start early:

• Translations take time. Every document not in English needs a translation, and several family members may each have several documents.
• Some documents are held by others. A birth certificate may be with a relative overseas. Obtaining it safely may take weeks, and asking the wrong person may expose the applicant or their family to risk.
• Timing affects the bridging visa. Lodging while still holding a substantive visa usually gives a better bridging visa position than lodging after it has expired. The guide to bridging visas in Australia explains the difference.

Starting early does not mean waiting until every document is found. Where a document cannot be obtained in time, the application can be lodged with an explanation, and the document can be provided later if it becomes available.

Protection visa 866 document checklist for the main applicant: identity

The first part of the protection visa 866 document checklist is identity. The Department asks for colour scans or photos of original documents of identity, nationality and citizenship, together with translations. Its list includes:

• All pages of current or expired passports, including the biodata page. Blank pages and pages with stamps matter, because they show travel history.
• Birth certificate.
• National identity card.
• Driver licence.
• Proof of change of name, if applicable. This includes a marriage or divorce certificate, change of name documents from a registry, and documents showing other names you have been known by.
• Any other documents that support your identity, nationality or citizenship.

Identity is not a formality. Under section 91W of the Migration Act, the Department may request documentary evidence of identity, nationality or citizenship. If the applicant refuses or fails to comply without a reasonable explanation, the decision maker may draw an inference unfavourable to the applicant's identity. Under section 91WA, the visa must be refused if the applicant provides a bogus document as evidence of identity, or destroys or disposes of identity evidence, unless the applicant has a reasonable explanation and either provides documentary evidence of identity or has taken reasonable steps to do so.

The Subclass 866 protection visa page explains how identity is assessed at decision.

What if the main applicant has no passport or identity documents?

If the main applicant has no passport or identity documents, the protection visa 866 document checklist must include a written statement explaining why. The Department states that applicants who cannot provide identity documents should provide a statement with the application explaining why they have no travel or identity documents.

The statement should cover:

• What documents the applicant once held, and when and where they were issued.
• What happened to them. For example, they were taken by an agent, confiscated by authorities, lost in flight or left behind.
• Why they cannot now be obtained. For example, because applying to the authorities of the home country would expose the applicant to the harm they fear.
• What other evidence exists. Copies, photographs of documents, school or employment records and documents of family members can all help.

Section 91W and section 91WA make this statement important. A reasonable explanation, given at the start, is far stronger than one given only after the Department raises the issue. The guide to evidence in a protection visa application explains how other evidence can support identity.

Protection visa 866 document checklist for the main applicant: claims and evidence

The next part of the protection visa 866 document checklist covers the claims. The Department states that you must answer all the questions on the application form about your claims, and that you should provide any documents or evidence that you think will support them.

The core items are:

• The statement of claims. Where the form does not provide enough space, additional information can be attached. The statement of claims guide explains what the account must cover, including who harmed you, why, whether the authorities could protect you and whether you could relocate.
• Documents about past harm. Medical records, police reports, court documents, summonses, threats, photographs and messages.
• Documents about the Convention reason. Evidence of religious practice, political membership, ethnicity or sexual orientation, where available.
• Statements from witnesses. Letters from people who know the facts. The Department's guidelines state that letters of support are not independent evidence, but they can still support an account.
• Expert reports, such as medical or psychological reports, where relevant.

The Department's guidelines state that there is no requirement for claims to be supported by independent evidence before they can be accepted. The applicant's own account is the main evidence. Documents support it. They do not replace it.

Protection visa 866 document checklist for the main applicant: immigration history

The protection visa 866 document checklist should also cover the main applicant's immigration history. The Department asks for a copy of any visas or residence permits held by each person in the application.

That includes:

• The current Australian visa, or the last visa held if it has expired.
• Visas or residence permits for other countries, including countries the applicant lived in before coming to Australia.
• Military service records or discharge papers, if the applicant served in the armed forces of any country. The Department lists these as character documents.

Protection visa 866 document checklist for claims that arose after arrival

Some claims arise after the applicant arrived in Australia. A change of government, a new law, a religious conversion or public political activity in Australia can all create a risk that did not exist when the applicant left. The protection visa 866 document checklist for these claims needs particular care.

For the refugee ground, section 5J(6) requires the Department to disregard conduct in Australia engaged in for the sole purpose of strengthening the claim. The documents must therefore show that the conduct is genuine. Useful documents include:

• Evidence of the change at home, such as news reports or official announcements.
• Evidence of genuine practice or involvement over time, such as letters from a church, mosque or community organisation describing the applicant's participation.
• Evidence of how the authorities at home became aware, where that is part of the claim.

What the Department compares with your immigration history

The Department already holds the applicant's earlier Australian visa applications. It will compare them with the protection claim. The checklist should therefore include a review of what was said in those earlier applications, so that any difference can be explained.

Protection visa 866 document checklist for a spouse or de facto partner

A spouse or de facto partner included in the application needs their own section in the protection visa 866 document checklist. They must provide the same identity documents as the main applicant, and evidence of the relationship.

For a married spouse:

• Marriage certificate, with translation.
• Evidence that the marriage is ongoing, such as evidence of living together.

For a de facto partner, the Department lists financial documents and undertakings as examples of relationship evidence. Useful documents include:

• Evidence of living together, such as a joint lease or bills.
• Financial documents, such as joint bank accounts or shared expenses.
• Evidence of the relationship being known to others, such as photographs or statements.

A spouse or partner may also have their own protection claims. If they do, those claims should be identified and set out with their own evidence, not left to rest on the main applicant's claim.

Protection visa 866 document checklist for children

Each child included in the application needs their own section in the protection visa 866 document checklist. The key items are:

• Birth certificate, showing both parents where possible.
• Passport or other identity document, if the child has one.
• Evidence of custody or guardianship, if one parent is not included in the application or if the child is not the biological child of the main applicant.
• Adoption papers, if the child is adopted.

Children younger than 18 need a parent, guardian or other adult to give permission for their photograph and fingerprints to be taken for biometrics. The Department does not take fingerprints from children younger than 10.

Protection visa 866 document checklist for adult dependants

Children aged 18 or over, and other relatives, can only be included if they meet the definition of a member of the family unit. The Department lists financial documents showing that dependants over the age of 18 are dependent on the main applicant as relationship evidence.

Useful documents include evidence that the main applicant pays for their housing, food and other essential needs, and evidence of why they cannot support themselves. Where dependency is weak, advice should be obtained before they are included.

Family members outside Australia and the protection visa 866 document checklist

Family members outside Australia cannot be included in an onshore Subclass 866 application, but their details must be disclosed in the form. The protection visa 866 document checklist should therefore include a list of every family member, with their name, date of birth, relationship and current country.

This matters for two reasons. First, the information is compared with earlier visa applications and other records, so an omission can raise a credibility concern. Second, section 91WB provides that a person cannot be granted a protection visa on the basis of being a member of the family unit of a protection visa holder unless they applied before that person's visa was granted. Family members in Australia must therefore be included before the decision. The Department allows a spouse or dependent child in Australia to be added using Form 1436, but only before a decision is made.

How should documents be translated for a protection visa 866 document checklist?

Every document not in English should be translated. The Department asks applicants to provide colour scans or photos of original and translated documents. For the interview, it states that English translations of all documents must be certified by a translator accredited by NAATI, the National Accreditation Authority for Translators and Interpreters.

The practical approach for a protection visa 866 document checklist is:

• Use a NAATI accredited translator from the start, so the same translation can be used at lodgement and at interview.
• Upload the original and the translation together, so each document is complete.
• Check names and dates carefully. Spelling differences between documents are common, and each difference should be explained.

Which documents does the Department request after lodgement?

Several items on the protection visa 866 document checklist are not provided at lodgement. The Department requests them later.

• Police certificates. The Department states that you must provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16, other than a country from which you are claiming protection. It also states: do not arrange police certificates until we ask you to.
• Health examinations. The Department will tell you when to arrange health examinations and will give you a health identifier, called a HAP ID.
• Biometrics. You and each family member in Australia included in the application will need to provide biometrics when asked. The Department states that if you do not allow it to collect this information, your application will be invalid, and any bridging visa granted on lodgement will end 35 days after you are notified.
• Form 80. The Department may ask applicants aged 16 or over to complete Form 80, the personal particulars form. The Form 80 guide explains how to complete it without errors.
• Further information under section 56. The Department may request additional documents or information. The guide to responding to a section 56 request explains what to do.

Changes in circumstances after lodgement, such as a new address, a birth or a separation, must be reported. The guide to Form 1022 change of circumstances explains when.

Documents to bring to the protection visa interview

The protection visa 866 document checklist does not end at lodgement. The Department asks applicants to bring the following to the interview:

• The request to attend interview letter, if the interview is at a departmental office.
• All original identity documents, such as a passport, national identity card, birth certificate or driver licence.
• Any other proof to support the protection claims.
• A religious book, if the applicant will take an oath rather than an affirmation.
• English translations of all documents, certified by a NAATI accredited translator.

The Department states that information submitted less than 5 working days before the interview will still be considered, but the officer may need more time and the interview may not proceed as advised. The protection visa interview page explains how the firm prepares clients.

Documents you should not include

A protection visa 866 document checklist should also say what to leave out. The most important rule is never to provide a document you know or suspect is not genuine. Under section 91WA, providing a bogus document as evidence of identity leads to refusal unless the strict exceptions apply. The Department also has a Document Examination Unit that can test documents.

Other things to avoid are documents that contradict the account without explanation, large volumes of general material that is not connected to the applicant, and documents that belong to another person. If a document raises a doubt, discuss it with a lawyer before lodging.

Who appoints a representative?

If a lawyer is acting for the applicant, Form 956 appoints them as the applicant's representative. Each adult applicant should sign it. The guide to Form 956 and 956A explains the difference between appointing a representative and an authorised recipient.

The protection visa 866 document checklist in short

This protection visa 866 document checklist can be summarised by person:

• Main applicant. All passport pages, birth certificate, national identity card, driver licence, change of name documents, statement explaining any missing identity documents, statement of claims, supporting evidence, visas and residence permits, and military records if relevant.
• Spouse or de facto partner. The same identity documents, marriage certificate or evidence of the de facto relationship, and their own claims if any.
• Each child. Birth certificate, passport if held, and custody, guardianship or adoption documents if relevant.
• Each adult dependant. Identity documents and evidence of dependency.
• Family outside Australia. Full details disclosed in the form.
• Later stages. Police certificates, health examinations, biometrics and Form 80 when asked, and originals and certified translations at the interview.

How My Migration Lawyers helps with the protection visa 866 document checklist

My Migration Lawyers prepares the protection visa 866 document checklist for each client, person by person, and identifies gaps before anything is lodged. The firm acts in many protection visa matters involving families, applicants without passports and applicants with complex immigration histories.

The firm:

• reviews each person's identity documents and prepares the statement explaining any document that cannot be obtained;
• checks the relationship evidence for every family member included;
• obtains the applicant's immigration history so that earlier statements can be compared with the claim;
• takes the applicant's account in detail and presents it as the applicant's own evidence, reviewed and corrected by them; and
• manages later requests, including police certificates, health examinations, Form 80 and section 56 requests.

My Migration Lawyers is led by Principal Lawyer Weiwei Zhang, and its protection visa lawyers act for applicants across Australia.

If you are preparing a protection visa 866 document checklist for yourself or your family, book a consultation with My Migration Lawyers online, or call 1300 040 300.