Key Takeaways
- No published protection visa 866 success rate predicts the outcome of an individual application. What predicts it is whether the application answers the reasons protection claims are usually refused.
- The refusal reasons that come up most are credibility findings, relocation, state protection, risk that is not personal to the applicant, no link to a Convention reason, identity problems and unexplained delay.
- An applicant who lodged without advice can still act before the decision. A lawyer can be appointed at any time, and further evidence and submissions can be provided while the application is being decided.
- Requests for information under section 56 and invitations to comment on adverse information under section 57 of the Migration Act 1958 have deadlines. The response to them is often decisive.
- If the application is refused, the deadline to apply to the Administrative Review Tribunal is short and strictly applied. A missed deadline cannot be fixed.
What decides your protection visa 866 success rate?
Your protection visa 866 success rate is decided by whether your application answers the questions a decision maker must ask, not by any national average. The same reasons for refusal appear again and again, and most of them can be anticipated and addressed before a decision is made.
People search for a protection visa 866 success rate for different reasons. Many have already lodged their own application and are now worried about it. Some have received a request for more information, or an interview invitation, and realise the process is more demanding than they expected. Some have heard of friends being refused.
This article is written for them. It explains the refusal reasons that come up most often, how each one arises, and what can be done to prevent it while the application is still being decided. The published figures are discussed separately in our article on protection visa success rates in Australia.
The honest starting point
No lawyer can tell you your protection visa 866 success rate as a percentage. Every case depends on its facts, the evidence and the decision maker's assessment. What a lawyer can tell you is where your application is exposed, and what can be done about it. That is a more useful answer, and it is one you can act on. It also means that two applicants from the same country, with similar experiences, can have very different outcomes, because one application answered the questions the decision maker had to ask and the other did not.
Why a published protection visa 866 success rate does not predict your case
A published protection visa 866 success rate describes groups of decisions made in a period. It does not describe the strength of your claim, and it cannot tell you which of the common refusal reasons applies to you.
What the figures measure
The Department publishes monthly figures for Subclass 866 decisions. The figures combine applicants from many countries, with many different kinds of claim, lodged at different times. The rate for a particular month depends heavily on which cases happened to be decided that month.
What the figures leave out
The figures do not tell you whether the refused applicants had advice, whether they attended their interviews, or whether they answered the Department's requests. They do not tell you what the refusal reasons were. Those are the factors that matter to your case.
The better question
The better question is not "what is the protection visa 866 success rate?" It is "which refusal reasons could apply to my application, and have they been answered?" The rest of this article works through that question.
Which applications are most exposed to refusal?
The applications most exposed to refusal share recognisable features: a short or general account, no attention to relocation or state protection, unexplained differences from earlier visa applications, a long unexplained delay, or a claim that describes national conditions rather than personal risk.
These features lower the protection visa 866 success rate for an individual applicant, whatever the national figures say. They are also the features that can most often be corrected while the application is still being decided.
Short or general accounts
An application that describes the claim in a few sentences gives the decision maker little to accept. The interview then becomes the first time the details are heard, and any difference from the short account is treated as an inconsistency.
Applications lodged as a last resort
An application lodged because every other visa option has closed, rather than because of a genuine fear of harm, is likely to be refused. The refusal then triggers section 48A of the Migration Act, which generally prevents another protection application in Australia.
Applications without the applicant's history in view
Many self-lodged applications are prepared without reference to the applicant's earlier visitor, student or partner visa applications. The Department reads those files. Differences that were never explained become credibility problems.
Applications where the applicant disengages
Applicants who do not respond to requests, do not attend the interview or lose contact with the Department are at serious risk. Keeping contact details current is part of protecting the application.
The refusal reasons that come up most
The refusal reasons that come up most in Subclass 866 decisions are findings about credibility, relocation, state protection, personal risk, the reason for the harm, identity and delay.
Each of these is explained below. Most refusals rest on one or two of them. Some rest on several.
- Credibility. The decision maker does not accept all or part of the applicant's account.
- Relocation. The applicant could live safely in another part of their country.
- State protection. The authorities could protect the applicant.
- Personal risk. The risk is faced by the population generally, not by the applicant personally.
- Convention reason. The harm is not for race, religion, nationality, membership of a particular social group or political opinion, and complementary protection is not made out.
- Identity. Identity, nationality or citizenship is not established, or a bogus document is provided.
- Delay and conduct. A long delay in applying is unexplained, or conduct in Australia is found to have been engaged in to strengthen the claim.
Understanding which of these is likely in your case is the first step to improving your protection visa 866 success rate.
How credibility findings lower the protection visa 866 success rate, and how to prevent them
Credibility findings lower the protection visa 866 success rate more than any other factor. A decision maker who does not believe the applicant's account will refuse the application, however serious the harm described.
How credibility findings arise
Credibility findings usually arise from inconsistency. The decision maker compares the application, the statement of claims, the interview, any earlier visa applications and the documents. Differences in dates, names, places or the order of events are put to the applicant. If they are not explained, the decision maker may reject the account.
Findings also arise from vagueness. An account that lacks detail about the events at the centre of the claim is often found implausible.
How to prevent them
The applicant should read everything they have lodged, including any earlier visa applications, and identify any differences before the interview. Genuine reasons for differences, such as trauma, interpretation problems or mistakes in earlier forms, should be explained in writing before the Department raises them. Our article on the protection visa statement of claims explains how a detailed account is set out.
If the application was lodged without advice
Many self-lodged applications contain a short account that leaves out important detail. A further statement can be provided while the application is being decided. It should explain why the detail was not included earlier.
How relocation findings lower the protection visa 866 success rate
Relocation findings lower the protection visa 866 success rate for applicants whose account is otherwise accepted. The decision maker finds that the applicant could live safely and reasonably in another part of their country.
How relocation findings arise
They arise where the claim describes harm in one place and does not explain why the rest of the country is unsafe. Country information often describes some regions as safer than others.
How to prevent them
The claim should explain why the people the applicant fears could find them elsewhere, why the authorities would not protect them anywhere, or why relocation would not be reasonable in their personal circumstances. Age, gender, health, family, language and means of support all matter. Evidence about the reach of the persecutor is particularly important.
How state protection findings lower the protection visa 866 success rate
State protection findings lower the protection visa 866 success rate where the harm would come from private people, such as family, criminal groups or a former partner. The decision maker finds that the authorities could provide effective protection.
How state protection findings arise
They arise where the applicant has not explained why the police or authorities would not help, or where the applicant never sought help and has not explained why.
How to prevent them
The claim should describe any attempts to seek help and what happened. Where the applicant did not seek help, the reason should be explained, such as fear, corruption or the authorities' link to the persecutor. Country information about how the authorities respond to people in the applicant's situation should be provided. Our article on evidence in a protection visa application explains the evidence that supports these points.
How general risk and missing Convention reasons affect the protection visa 866 success rate
General risk and missing Convention reasons lower the protection visa 866 success rate where the claim describes danger that affects everyone, or harm that is not linked to one of the five Convention reasons.
General risk
For complementary protection, there is taken to be no real risk where the risk is faced by the population generally and not by the applicant personally. A claim about general crime, poverty or instability will usually fail. The claim must show what sets the applicant apart from the wider population, such as a particular profile, a past conflict with the persecutor, or a characteristic that makes them a target.
Missing Convention reasons
For a refugee claim, the harm must be for race, religion, nationality, membership of a particular social group or political opinion. A claim about a private dispute may not meet that test. Complementary protection must then be considered, and it requires a real risk of specific types of significant harm. Our page on complementary protection explains the difference.
How to prevent these findings
The claim should explain why the applicant personally is at risk, and why. Where the reason is a characteristic such as religion, ethnicity or sexual orientation, it should be stated clearly and supported.
How identity problems and delay lower the protection visa 866 success rate
Identity problems and unexplained delay lower the protection visa 866 success rate by damaging credibility, and in the case of identity, by preventing grant altogether.
Identity
Under section 91W, the Department can request identity evidence. A failure to comply, or a bogus document, without a reasonable explanation, prevents grant. Missing documents should be explained, and the steps taken to obtain them should be described. Our protection visa documents checklist sets out what is usually provided.
Delay
A long delay between arrival and lodgement can be used to question whether the fear is genuine. The reason should be explained. Our article on delaying a Subclass 866 protection visa application explains how delay is assessed.
Conduct in Australia
Conduct in Australia is disregarded unless the applicant satisfies the decision maker that it was not engaged in to strengthen the claim. Genuine, long-standing conduct should be supported with evidence.
How country information affects the protection visa 866 success rate
Country information has a direct effect on the protection visa 866 success rate, because decision makers rely on it to decide whether an applicant's account is plausible and whether the risk, relocation and state protection findings are open.
What country information is
Country information is independent material about conditions in the applicant's country, including government reports, reports by international organisations and human rights groups, and credible media. The Department uses its own country information and may rely on reports that describe conditions in general terms.
How it is used against an applicant
Country information is often cited to find that the authorities provide protection, that a particular region is safe, or that people in the applicant's situation are not generally targeted. If the applicant does not address it, the finding may stand.
How it can support an applicant
Recent, specific and reliable information about people in the applicant's situation can outweigh general reports. It is most useful when it is connected to the applicant's own account. Guidance on how decision makers use country information is published by the Department and should be read with the applicant's claims in mind.
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What you can still do before the decision to improve your protection visa 866 success rate
An applicant who has already lodged can still improve their position before the decision. A lawyer can be appointed at any time, and further statements, evidence and submissions can be provided while the application is being decided.
Appoint a lawyer
A lawyer can be appointed at any stage. The Department then writes to the lawyer. Our article on hiring an immigration lawyer after lodging your own application explains how this works.
Review what was lodged
The first step is to review the application, the statement of claims and any earlier visa applications, and identify the refusal reasons that could apply.
Provide further evidence and submissions
A further statement, supporting documents and a written submission addressed to the legal test can be provided before the interview. The submission should deal with relocation, state protection and personal risk directly.
Respond to requests under section 56
The Department may ask for more information under section 56 of the Migration Act. The request will have a deadline. Our article on responding to a section 56 request explains how to answer.
Respond to adverse information under section 57
If the Department holds information that would be a reason for refusal, it will generally invite the applicant to comment. The response is often decisive and must be made within the deadline.
Prepare for the interview
The interview is where the claims are tested. Preparation means understanding the process and knowing what was said before. Our guide to the protection visa interview explains what happens.
After the interview
A written submission after the interview can deal with issues raised on the day. It should be provided promptly.
Check the position of family members
Family members included in the application may have claims of their own that were never set out. A spouse or child with their own risk should have that risk identified and supported. In some families, a family member's claim is stronger than the main applicant's, and presenting it properly can change the outcome for everyone included.
Warning signs that your protection visa 866 success rate is at risk
Certain letters and questions from the Department are warning signs that an application is at risk. They are not refusals, but they show where the decision maker's concerns lie, and they should be answered carefully.
A section 56 request on a specific issue
A request for more information that focuses on one issue, such as identity, travel history or a particular event, shows what the decision maker is examining.
Interview questions about relocation or state protection
Detailed questions about whether the applicant could live elsewhere, or why they did not go to the police, usually mean these issues are live. A post-interview submission should deal with them.
An invitation to comment on adverse information
An invitation under section 57 means the Department holds information that would be a reason, or part of the reason, for refusal. The protection visa 866 success rate for that application may depend on the response.
What is not a warning sign
Long periods without contact are common in protection processing and do not by themselves indicate a problem. Our article on protection visa processing times explains why applications can take a long time. The time should be used to strengthen the application, not to wait.
What happens if your protection visa 866 application is refused?
If your protection visa 866 application is refused, you can usually apply to the Administrative Review Tribunal for review, but the deadline is short and strictly applied, and it runs from when you are taken to have been notified.
The first steps
Confirm the date of notification. Calculate the deadline. Obtain advice immediately. Our page on protection visa refusals explains what to do.
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.
Why the first stage still matters
Everything lodged at the first stage is on the Tribunal file. Inconsistencies created at the first stage still have to be explained at review. That is why improving the protection visa 866 success rate before the Department's decision is always better than trying to repair the application afterwards.
How My Migration Lawyers helps applicants worried about their protection visa 866 success rate
My Migration Lawyers acts for applicants who lodged their own protection visa application and now want it reviewed and strengthened, and the firm handles many matters of exactly this type, including applications with inconsistencies, short statements and unanswered relocation or state protection issues.
The firm is led by Weiwei Zhang, Principal Lawyer. My Migration Lawyers is capable of handling complex protection matters at any stage, including after lodgement, after a section 56 request, after an interview invitation and after a refusal.
Reviewing the application
The firm reviews what has been lodged, checks the client's immigration history itself, and identifies the refusal reasons that could apply. It explains honestly where the application is exposed.
Strengthening the application
The statement of claims is the client's own account. My Migration Lawyers helps the client set out any further account completely and in order, and presents the client's evidence in the form the law requires. The client reviews and corrects every statement and decides which claims are advanced. The firm prepares submissions addressed to the legal test and to the likely refusal reasons.
Through to decision and review
The firm responds to requests and adverse information within the deadlines, prepares the client for the interview and attends with them. If a refusal occurs, it advises on review within the deadline. The firm does not promise outcomes. It works to make sure the client's protection visa 866 success rate is not reduced by avoidable problems.
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
I lodged my protection visa myself. Is it too late to get a lawyer?
No. A lawyer can be appointed at any stage while the application is being decided. The lawyer can review what was lodged, identify refusal risks, prepare a further statement and submissions, respond to requests for information and attend the interview with you. The earlier this happens, the more can be done before the Department forms a view, but it is still worthwhile after an interview invitation or a section 56 request.
What is the most common reason protection visas are refused?
Credibility findings are among the most common. The decision maker does not accept all or part of the applicant's account, usually because of inconsistencies between the application, the statement of claims, the interview and earlier visa applications, or because the account lacks detail. Relocation and state protection findings are also common, even where the account is accepted.
Can I add more information to my application after lodging it?
Yes. Further statements, documents and submissions can be provided while the application is being decided. If new information differs from what was lodged, the reason for the difference should be explained. It is best to provide further material before the interview, so the decision maker can consider it when testing the claims.
What should I do if the Department sends me adverse information to comment on?
Respond within the deadline, fully and carefully. An invitation to comment on adverse information is given because the information would be a reason, or part of the reason, for refusing the application. The response is often decisive. It should address the information directly, explain any inconsistency and provide evidence where possible. Obtain advice as soon as the invitation arrives.
Does having a lawyer guarantee a protection visa?
No. No lawyer can guarantee the outcome of a protection visa application. A lawyer can identify refusal risks, present the claims and evidence in the form the law requires, meet deadlines and prepare you for the interview. Those steps reduce avoidable problems, but the decision is made by the Department, and on review by the Tribunal, on the facts and evidence.
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.
