Protection Visa Lawyers

The subclass 866 is Australia's onshore permanent protection visa. It is for people already in Australia who cannot return home because they face persecution, or a real risk of significant harm. It is permanent from the day it is granted.

You must be in Australia, have been immigration cleared on arrival, and satisfy either the refugee criterion or the complementary protection criterion. You cannot apply from outside Australia, and you cannot apply if you arrived as an unauthorised maritime arrival.

The Department application charge is AUD $50, and one charge covers everyone included in the same application. It is one of the lowest charges of any Australian visa. It is not refunded if the application is refused.

The refugee criterion requires a well founded fear of persecution for a Convention reason. Complementary protection requires a real risk of significant harm, with no Convention reason needed. Both should be argued.

Usually, but it depends on which bridging visa you hold, which depends on what visa you held when you lodged. Work rights are not automatic on every bridging visa. Check the grant notice rather than assuming.

There is no published processing time and the Department does not give one. Identity issues are the largest single cause of delay. Where documents are complete, translated and consistent, matters move considerably faster.

No. It is not enough that a country is unsafe, unstable or at war. The legal question is whether you personally face persecution or a real risk of significant harm. A risk faced by the population generally does not meet the test.

No. The Department does not tell your home government or your embassy that you have applied, and it does not seek information from the authorities you fear. Country information is drawn from published sources.

Yes. Claims arising after arrival are recognised, including where a government changed, a conflict began, you converted to another religion, you became politically active, or your sexual orientation became known.

Yes. A partner and children in Australia can be included as members of the same family unit, with no additional charge. A member of the same family unit as a person who satisfies a protection criterion can be granted a visa of the same class.

You generally have 28 days to apply to the Administrative Review Tribunal, or 7 working days if you are in immigration detention. There is no upfront fee, and a fee of $2,293 is payable only if the review is unsuccessful. See Protection Visa Refusal.

Yes. The subclass 866 is granted as permanent residence from the first day, with full work and study rights, Medicare and government support. Once the residence requirements are met you can apply for citizenship.