Protection Visa Processing Times Australia

Protection visa processing times Australia wide are not published by the Department of Home Affairs for the Subclass 866 visa, and the wait can be long. For most applicants, the practical question is not only how long it will take, but how to live lawfully in Australia while they wait. The answer depends on the bridging visa the applicant holds, its conditions, and the choices the applicant makes about work, study, travel, family and other visa applications. This article explains protection visa processing times Australia wide from the applicant's side: what they can and cannot do while waiting, and what to do if the wait becomes very long.

The Department's protection visa guidance states that most new protection visa applications are now being decided much faster than in previous years. It gives no timeframe. The Department's processing times tool does not include the Subclass 866 visa. Anyone relying on a number of months quoted elsewhere is relying on an estimate, not a Department figure.

What the Department says about protection visa processing times Australia wide

What the Department says about protection visa processing times Australia wide is limited, and it is worth knowing exactly what it does and does not say.

• No published processing time. The Department's global visa processing times tool gives figures for most visas, but not for the Subclass 866 visa.
• A general statement about speed. The Department's protection visa guidance says that most new protection visa applications are being decided much faster than in previous years. It is a comparison with the past, not a timeframe.
• Monthly caseload figures. The Department publishes monthly updates on onshore protection visa lodgements, decisions and applications on hand. They describe the overall caseload, not any individual application.
• No fixed processing order. Section 51 of the Migration Act allows the Department to decide applications in any order it considers reasonable. The Department's guidelines note that there is currently no Ministerial direction setting the order for protection visas, and that certain groups are given priority.

For an applicant, the practical conclusion is that protection visa processing times Australia wide cannot be predicted for an individual application. Planning should be built around staying lawful, keeping the application current, and being ready to act when the Department makes contact. The Subclass 866 protection visa page and the Subclass 866 complete guide explain the application itself.

Why protection visa processing times Australia wide matter for your status

Protection visa processing times Australia wide matter for status because the protection application does not, by itself, make a person lawful. A person in Australia who is not an Australian citizen must hold a visa to be lawful. The protection application is a request for a visa. The bridging visa is what keeps the applicant lawful while the request is considered.

The Department's guidelines explain that Form 866 is also a prescribed form for a bridging visa. When a person in Australia applies for a protection visa, they also make an associated bridging visa application. Which bridging visa is granted depends mainly on whether the person held a substantive visa, such as a visitor or student visa, when they applied.

That is why the length of the wait matters so much. Every day of protection visa processing times Australia wide is a day governed by the bridging visa and its conditions. Understanding those conditions at the start avoids problems later. The guide to bridging visas in Australia explains the classes of bridging visa.

Why the length of the wait is hard to predict

The length of the wait is hard to predict because protection visa processing times Australia wide depend on both the Department's caseload and the individual file. The caseload rises and falls from month to month. The individual file may need identity checks, health, character and security checks, an interview, requests for information, or further research on country conditions. Each of these can add time, and some depend on other agencies.

Two applicants who lodge on the same day can therefore wait very different periods. The difference is often explained by the file itself: whether the statement was complete, whether identity was clear, whether the application matched earlier visa applications, and whether letters were answered promptly. Those are the parts of the wait an applicant can influence.

Which bridging visa do you hold while waiting?

The bridging visa you hold while waiting is usually one of two.

Bridging A visa

A person who applies for a protection visa while holding a substantive visa will usually be granted a Bridging A visa. The Bridging A visa generally comes into effect when the substantive visa ends. It keeps the person lawful until the protection application is finally determined.

The Bridging A visa guidelines state that, from 1 July 2009, a Bridging A visa holder whose protection visa application has not been finally determined is permitted to work. The no-work condition cannot be imposed on that Bridging A visa. The guidelines also state that no other conditions can be imposed on it. The guide to the Bridging A visa explains its conditions and travel limits.

Bridging E visa

A person who applies for a protection visa after their substantive visa has expired may be granted a Bridging E visa. The Bridging E visa guidelines state that, for protection visa applicants, the no-work condition applies by law unless the person is in a class specified by the Minister. Other conditions, such as reporting to the Department or notifying changes of address, may also be imposed.

A protection visa applicant who wants the no-work condition removed from a Bridging E visa must generally show both a compelling need to work and an acceptable reason for the delay in applying for protection. This is one of the clearest reasons to apply for protection while still holding a substantive visa.

Work rights during protection visa processing times Australia wide

Whether you can work during protection visa processing times Australia wide depends on your bridging visa. It is not decided by the protection application.

• Bridging A visa holders with an undetermined protection visa application are permitted to work. The no-work condition cannot be imposed.
• Bridging E visa holders generally have a no-work condition. It can only be removed if the applicant shows a compelling need to work and an acceptable reason for the delay in applying.
• Other bridging visas have their own conditions, which are set out in the grant notice.

A compelling need to work is defined in the Regulations and is generally concerned with financial hardship. Evidence of the applicant's financial circumstances is needed. An acceptable reason for delay is a separate requirement and must also be shown. The Department assesses both requirements on the evidence provided, usually through an application for a further bridging visa without the no-work condition. An applicant who is refused can still continue to wait lawfully on the existing bridging visa, but without permission to work. Because both requirements must be met, preparing the evidence carefully matters.

Working in breach of a no-work condition is a serious matter. It can put the bridging visa at risk of cancellation. Anyone unsure whether they may work should check the conditions printed on their grant notice, or ask a lawyer to check the Department's records.

Can you study while you wait?

Whether you can study while you wait also depends on the bridging visa. A Bridging A visa generally carries forward certain conditions of the visa held when the application was made, except that the no-work condition cannot be imposed for a protection visa applicant. Study limits on a former student visa may therefore be relevant. A Bridging E visa may carry a condition limiting study.

Student visa holders who apply for protection face particular questions about their course, their enrolment and their student visa obligations while the student visa is still in effect. The guide to whether international students can apply for a Subclass 866 visa explains those issues.

Travel during protection visa processing times Australia wide

Travel is where protection visa processing times Australia wide cause the most serious mistakes. Clause 866.411 of Schedule 2 to the Migration Regulations 1994 requires the applicant to be in Australia when the visa is granted. The Department's guidelines explain that, of the bridging visas, only the Bridging B visa has a travel facility that allows the holder to return after leaving Australia.

The guidelines go further. If an applicant leaves Australia without a visa that allows them to return, a decision must be made to refuse the visa on the ground that they are not in Australia, and the claims do not need to be assessed. If an applicant leaves with a visa that allows re-entry, other grounds for refusal may still arise. The guidelines give the example of an applicant who has travelled to their own country, which may indicate that they no longer fear harm there.

The practical rule is clear. Do not leave Australia while a protection visa application is undecided without legal advice, and never travel to the country you fear. The guide to the Bridging B visa explains how travel permission works where travel is genuinely necessary.

Appointments and requests while you wait

Appointments and requests from the Department can arrive at any point during protection visa processing times Australia wide, and each one matters.

• Personal identifiers. The Department may require a photograph, fingerprints or signature under section 257A. The guidelines state that a failure to comply makes the application invalid. Appointments should never be missed without contacting the Department in advance.
• Health examinations. Applicants must meet the health criteria and may be asked to attend examinations. These should be completed promptly.
• Interview invitations. Many applicants are invited to an interview, by video, telephone or in person. The time between invitation and interview is short. The guide to preparing for the protection visa interview explains what to do.
• Requests for information. Letters under section 56 or section 57 have short response periods. If the time passes, the Department can decide without the response.

A request after a long silence is not a reason to panic, but it is a reason to act quickly. It usually means an officer is working on the file.

Family life while you wait

Family life continues during protection visa processing times Australia wide, and the Department needs to know about changes. A child born in Australia while the parent's application is undecided is generally taken to have applied for the same visa. A partner or dependent child may in some cases be added to an undecided application. A separation may change who is a member of the family unit.

Each of these should be reported under section 104 of the Migration Act, usually using Form 1022. Family members included in the application must also stay in Australia, because only applicants in Australia can be granted the visa. A family member who travels at the wrong time may be left out of the grant.

Medicare, support and daily life

Access to Medicare and other support during protection visa processing times Australia wide depends on the person's visa and circumstances. The rules are administered by other agencies and can change, so applicants should check their own eligibility directly rather than rely on general statements. The guidelines note that some protection visa applicants receive support under the Status Resolution Support Services program, and that their applications are given higher processing priority.

Daily life during the wait also involves obligations. Applicants must tell the Department about changes in their circumstances under section 104 of the Migration Act, including a new address. A person on a Bridging E visa may have reporting conditions. Keeping records of every letter sent and received, and checking ImmiAccount and email regularly, prevents the most common avoidable problems.

Applying for another visa while you wait

Applying for another visa while you wait is possible in some cases, but it has consequences for protection visa processing times Australia wide and for the protection application itself.

The Department's guidelines state that, before deciding a protection visa application, the officer must check whether the applicant has other undecided substantive visa applications, or has already been granted a permanent visa of another class, and whether they choose to withdraw the protection application. If a different substantive visa has been granted while the applicant is in Australia and they do not withdraw, the officer is to seek advice before deciding.

There is a further rule that catches people out. Under section 82(2) of the Migration Act, if a protection visa is granted and the holder is later granted a substantive visa of another class, permanent or temporary, the protection visa ceases immediately. The guidelines state that there is no legislative power to reinstate it. An applicant considering a partner visa or any other visa should get advice before applying.

Should you withdraw if the wait is long?

Withdrawing is rarely the answer to long protection visa processing times Australia wide. Under section 49 of the Migration Act, an applicant may withdraw in writing at any time before a decision. The guidelines explain that a withdrawal is not a refusal, so the section 48A bar does not apply, and a further protection application could be made. But the guidelines also state that information in the withdrawn application may be used in assessing a later application, and any differences can be put to the applicant.

A withdrawal also affects the associated bridging visa, and a new application starts again at the beginning of the process. In most cases, a better approach is to update the existing application with new evidence and a clear statement of any change in circumstances.

What to do if protection visa processing times Australia wide become very long in your case

If protection visa processing times Australia wide become very long in a particular case, there are practical steps an applicant can take:

• Check ImmiAccount and email for any letter or request that may have been missed.
• Confirm contact details and any representative appointment are current.
• Update the application with new evidence, updated identity documents and any change in circumstances.
• Raise priority circumstances, such as serious ill health, torture or trauma, with evidence.
• Make a written enquiry about the status of the application.

The Department's guidelines state that applications outside the priority groups must still be decided, that officers should consider when each application was made, and that taking too long could be found by a court to be an unreasonable delay. A court application to compel a decision is a last resort, with its own risks, and needs legal advice. Before any step of that kind, the applicant should be confident that nothing on their own side is holding the file up. In many long-waiting cases, a missed letter, an outdated address or an unresolved identity question explains more of the delay than the Department's caseload does. Fixing those issues is the most effective response to long protection visa processing times Australia wide.

When the wait ends: grant or refusal

When the wait ends, the applicant receives a written notice. If the visa is granted, the applicant becomes a permanent resident, and the bridging visa is replaced by the Subclass 866 visa. From that point, the section 82(2) rule matters: being granted another substantive visa later would cause the protection visa to cease.

If the visa is refused, the refusal notice sets out the reasons and the applicant's review rights. The time limit to apply to the Administrative Review Tribunal is short and strictly applied. The bridging visa generally continues while a valid review application is on foot, so applying for review in time also protects the applicant's lawful status. The guide to appealing a protection visa refusal to the ART explains the process. For many applicants, the end of protection visa processing times Australia wide is the moment when quick, informed action matters most.

Common mistakes while waiting

The most common mistakes during protection visa processing times Australia wide are avoidable:

• Assuming the protection application gives work rights. It is the bridging visa that does.
• Travelling without advice. Leaving Australia can end the bridging visa and prevent grant.
• Moving without telling the Department. Letters go to the last address provided.
• Applying for another visa without advice. It can affect the protection application, and after grant, section 82(2) can end the protection visa.
• Letting evidence go stale. Updating key evidence while waiting can avoid a later request.
• Dealing with a passport without advice. An expired passport can raise identity questions, but renewing it is not always simple. Contact with the authorities of the country an applicant fears may be raised by the Department as a reason to doubt the claim. Get advice before taking any step with a passport.

The guide to Subclass 866 waiting times explains the Department's caseload, and the protection visa refusals page explains what to do if the wait ends in a refusal.

How My Migration Lawyers supports applicants during protection visa processing times Australia wide

My Migration Lawyers supports applicants during protection visa processing times Australia wide by keeping their status secure and their application ready for decision. The firm deals with complex protection matters and acts in many Subclass 866 applications that have been waiting for long periods, including applications involving bridging visa issues, work rights, travel questions and other visa applications. It is capable of handling matters of this kind at any stage of the wait.

The work includes:

• Bridging visa advice. Confirming which bridging visa the applicant holds, its conditions, and whether work or travel is permitted.
• Work rights. Where a no-work condition applies, assessing whether the requirements to remove it can be met.
• Travel. Advising before any travel, and on whether a Bridging B visa is appropriate.
• Other visas. Advising on the effect of any other visa application, including the section 82(2) risk.
• Keeping the file current. Updating evidence and circumstances, and raising genuine priority circumstances. The statement remains the applicant's own account, reviewed and corrected by the applicant, and the applicant decides which claims are advanced.

The firm is led by Principal Lawyer Weiwei Zhang and acts for applicants across Australia through its protection visa lawyers practice.

If you are waiting on a protection visa decision and need advice on your status during protection visa processing times Australia wide, book a consultation with My Migration Lawyers online, or call 1300 040 300.