Onshore Permanent Protection Visa
Protection Visa (Subclass 866)
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 on grant, the application charge is $50, and one application covers your whole family unit.
Reviewed by Weiwei Zhang, Principal Lawyer Last updated 30 July 2026
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There are two ways to engage Australia's protection obligations, and they are separate legal tests. The refugee criterion in section 36(2)(a) of the Migration Act, and the complementary protection criterion in section 36(2)(aa). You need to satisfy one of them, not both.
A member of the same family unit as someone who does can also be granted. You must be in Australia and you must have been immigration cleared on arrival.
A member of the same family unit as someone who does can also be granted. You must be in Australia and you must have been immigration cleared on arrival.
The visa is permanent, carries full work and study rights and Medicare, and leads to citizenship. It is not granted because a country is unsafe. It is granted because you personally face harm.
Eligibility
Who Is Eligible for a Protection Visa
Short answer
You must be in Australia, have been immigration cleared on arrival, and satisfy either the refugee criterion or the complementary protection criterion. You must also meet health, character and security requirements. You cannot apply from outside Australia, and you cannot apply if you arrived as an unauthorised maritime arrival.
You must be in Australia, have been immigration cleared on arrival, and satisfy either the refugee criterion or the complementary protection criterion. You must also meet health, character and security requirements. You cannot apply from outside Australia, and you cannot apply if you arrived as an unauthorised maritime arrival.
The criteria sit in section 36 of the Migration Act 1958. Section 36(2)(a) is the refugee criterion. Section 36(2)(aa) is complementary protection. A member of the same family unit as a person who satisfies one of those, and who holds a protection visa of the same class, can also be granted.
It is not enough that your country is unsafe, unstable or at war. The legal question is whether you personally face persecution for a Convention reason, or a real risk of significant harm. A risk faced by the population generally, rather than by you personally, does not meet the test. Nor does a risk where protection or safe relocation is reasonably available within your own country.
It is not enough that your country is unsafe, unstable or at war. The legal question is whether you personally face persecution for a Convention reason, or a real risk of significant harm. A risk faced by the population generally, rather than by you personally, does not meet the test. Nor does a risk where protection or safe relocation is reasonably available within your own country.
Eligibility at a Glance
You are physically in Australia
You were immigration cleared when you arrived
You are not an unauthorised maritime arrival
You satisfy the refugee criterion, or
You satisfy the complementary protection criterion, or
You are a member of the same family unit as someone who does
You meet health, character and security requirements
You are not barred by a previous protection visa refusal
The Two Protection Tests Compared
These are separate legal tests with separate elements. Many applications that fail the refugee criterion succeed on complementary protection, which is why both need to be argued rather than one.
The refugee criterion compared with complementary protection
Refugee criterion, s 36(2)(a)
Complementary protection, s 36(2)(aa)
What you must fear
Persecution
Significant harm
Reason for the harm
Race, religion, nationality, political opinion or membership of a particular social group
No Convention reason required
The standard
A well founded fear
Substantial grounds for believing there is a real risk
Safe relocation within your country
Defeats the claim if reasonable
Defeats the claim if reasonable
Risk faced by the population generally
Not sufficient on its own
Expressly excluded
Complementary protection has its own detailed requirements. See Complementary Protection.
Not sure whether your circumstances meet either test? That assessment is the first thing worth doing.
Special Circumstances
What if Your Situation Is Not Straight Forward
Short answer
Four situations come up most often. Your visa is expiring or has expired, your circumstances changed after you arrived, you have already had a protection visa refused, or you are afraid of what happens if the Department contacts your country. Each has an answer, and three of the four are more workable than people expect.
Four situations come up most often. Your visa is expiring or has expired, your circumstances changed after you arrived, you have already had a protection visa refused, or you are afraid of what happens if the Department contacts your country. Each has an answer, and three of the four are more workable than people expect.
If Your Visa Is About to Expire
Lodge before it expires. A protection visa application made while you still hold a substantive visa generally results in a Bridging Visa A, which keeps you lawful with work rights while the application is decided. If you let the visa expire first you become unlawful, and the bridging visa position is worse. This single piece of timing changes a great deal, and it is the most common avoidable problem we see.
If the Danger Arose After You Arrived
You do not have to have been fleeing when you came. 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. What matters is the risk on return, assessed now, not the reason you originally travelled.
If You Have Already Been Refused a Protection Visa
Section 48A of the Migration Act generally bars a further protection visa application once one has been refused while you were in Australia. The bar can only be lifted by the Minister personally under section 48B, which is discretionary and not commonly exercised. If you are in this position the options are narrow and time sensitive. See Protection Visa Refusal.
If You Are Afraid the Department Will Contact Your Country
The Department does not contact your home government about your claim. It does not tell your embassy you have applied, and it does not seek information from the authorities you fear. Country information is drawn from published sources. If you have a specific concern about a particular enquiry, raise it in writing at the outset so it sits on the file. See Protection Visa LGBTI.
Everything you tell us is covered by legal professional privilege. Nothing is lodged and nobody is contacted without your instructions.
PARTNER VISA VIDEO
Protection Visa Subclass 866 Explained
Protection Visa Subclass 866 in Australia, explained from start to finish by My Migration Lawyers. This complete 2026 guide walks you through the entire Protection Visa Subclass 866 process: who qualifies, how Australia's protection obligations work, how to lodge Form 866, the bridging visa, your protection claims, your evidence, and the Department interview that catches so many applicants off guard.
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What the Visa Allows
What Does a Protection Visa Give You
Short answer
The subclass 866 is permanent on grant. It allows you to live in Australia indefinitely, work and study without restriction, enrol in Medicare, access government support, sponsor eligible family members, and apply for citizenship once the residence requirements are met. There is no second stage.
The subclass 866 is permanent on grant. It allows you to live in Australia indefinitely, work and study without restriction, enrol in Medicare, access government support, sponsor eligible family members, and apply for citizenship once the residence requirements are met. There is no second stage.
Permanent Residence on Grant
No temporary stage and no second application. The subclass 866 is permanent from the day it is granted.
Work and Study Without Restriction
Full work rights and full study rights, with the same protections as any other permanent resident.
Government Support
Permanent protection visa holders can generally access Centrelink support and settlement services.
A Five Year Travel Facility
The visa permits travel to and entry into Australia for five years from the date of grant, then a Resident Return visa is needed.
Enrol in Medicare
Protection visa holders are eligible to enrol in Australia's public health system.
A Pathway to Citizenship
Once the residence requirements are met, including a period as a permanent resident.
Do Not Return to the Country You Fear
The travel facility does not extend to the country you sought protection from. Returning there, or seeking a passport from its government, is treated as inconsistent with the claim and can lead to refusal or cancellation. If travel to that country is unavoidable for a genuine reason, get advice before you book anything.
How Long It Stays Valid
While the application is pending you generally hold a bridging visa. What that bridging visa allows depends on which one is granted and what visa you held when you lodged. Work rights are not automatic on every bridging visa, so check the grant notice rather than assuming, and get advice if the conditions are not what you expected.
Want to confirm what your bridging visa allows while the application is pending?
Cost
How Much Does a Protection Visa Cost
Short answer
The Department application charge for the subclass 866 is AUD $50. One charge covers everyone included in the same application, including a partner and children, with no additional amount per person. It is one of the lowest charges of any Australian visa and it is not refunded if the application is refused.
The Department application charge for the subclass 866 is AUD $50. One charge covers everyone included in the same application, including a partner and children, with no additional amount per person. It is one of the lowest charges of any Australian visa and it is not refunded if the application is refused.
Department charge
$
50
One charge covers the whole family unit included in the application.
Additional applicants
NIL
No extra charge for a partner or children in the same application.
Visa type
$
Permanent
Granted as permanent residence. There is no second stage to pay for.
Why Partner Visa Appeals Do Better Than Most
The reason is structural rather than lucky. Most partner visa refusals are evidentiary, not substantive. The couple is genuine and eligible, but the application did not prove it well enough in one of the four regulatory categories. Because the Tribunal conducts merits review and accepts new evidence, that gap can be closed on appeal in a way it cannot be on judicial review.
Refusals that turn on a substantive bar work differently. Where the sponsorship limit has been reached, where health or character cannot be met, or where the Tribunal is not persuaded the relationship is genuine, the same evidentiary fix is not available.
Refusals that turn on a substantive bar work differently. Where the sponsorship limit has been reached, where health or character cannot be met, or where the Tribunal is not persuaded the relationship is genuine, the same evidentiary fix is not available.
The Four Possible Outcomes
The Tribunal can affirm the decision, leaving the refusal standing. It can vary the decision. It can set aside and substitute its own decision. Or it can remit the matter to the Department with directions, which is the most common successful outcome on partner visas.
Remittal is not a grant. It sends the file back with a direction that a particular criterion is met, and the Department then completes the remaining checks and decides.
Remittal is not a grant. It sends the file back with a direction that a particular criterion is met, and the Department then completes the remaining checks and decides.
Subclass 866 cost breakdown
Item
Amount
Department application charge
AUD $50
Additional applicants in the same application
Nil
Refund if the application is refused
None
Card payment surcharge
1.4%
Health examinations
$400 to $600 per adult
Police clearances
$50 to $200 per country
NAATI translation
$30 to $80 per page
Professional fees
Quoted in writing
The low charge is deliberate. It exists so that cost is not a barrier to claiming protection. It does not mean the application is simple, and it is the one part of a protection matter that is inexpensive.
Budget separately for health examinations, and for translation of documents into English. Translation is often the largest real cost, because identity and supporting documents from many countries need accredited translation.
The Department applies a 1.4% surcharge to online card payments.
Department charges are set by the Department of Home Affairs and typically increase on 1 July each year. Use the Department's visa pricing estimator or the current visa pricing table to confirm the exact charge for your circumstances.
Budget separately for health examinations, and for translation of documents into English. Translation is often the largest real cost, because identity and supporting documents from many countries need accredited translation.
The Department applies a 1.4% surcharge to online card payments.
Department charges are set by the Department of Home Affairs and typically increase on 1 July each year. Use the Department's visa pricing estimator or the current visa pricing table to confirm the exact charge for your circumstances.
Get a written quote for professional fees before you commit to anything.
Processing Time
How Long Does a Protection Visa Take
Short answer
There is no published processing time for the subclass 866, and the Department does not give one. Its February 2026 onshore protection update recorded 1,543 lodgements in that month, 2,264 refugee status determinations, 300 final protection visa grants, and 25,035 matters awaiting decision at the end of the period.
There is no published processing time for the subclass 866, and the Department does not give one. Its February 2026 onshore protection update recorded 1,543 lodgements in that month, 2,264 refugee status determinations, 300 final protection visa grants, and 25,035 matters awaiting decision at the end of the period.
Onshore protection program, February 2026
Measure
February 2026
Applications lodged that month
1,543
Refugee status determinations made
2,264
Final protection visa grants
300
Those figures give context rather than a forecast. They show a large volume of matters awaiting decision and a much smaller number of final grants in any given month. Newer applications are reportedly being decided considerably faster than older ones, but no published figure applies evenly to every case.
What affects timing most is identity. Where documents are complete, translated and consistent, matters move. Where identity is contested or documents are unavailable, security and identity checks can add many months regardless of how strong the protection claim itself is.
You generally hold a bridging visa throughout, so the wait is uncomfortable rather than unlawful, provided the application was lodged while you still held a substantive visa.
What affects timing most is identity. Where documents are complete, translated and consistent, matters move. Where identity is contested or documents are unavailable, security and identity checks can add many months regardless of how strong the protection claim itself is.
You generally hold a bridging visa throughout, so the wait is uncomfortable rather than unlawful, provided the application was lodged while you still held a substantive visa.
Completeness at lodgement is the one factor you control. We can check yours before it goes in.
Who We Act For
Where Our Protection Clients Come From
Short answer
We act for people from every region. Claims commonly arise from these countries, but nationality does not establish a claim and it never has. Every protection application is assessed on what happened to that person and what they personally face on return.
Most of the people we act for arrived in Australia lawfully on a student, visitor, working holiday or skilled visa, and the reason they cannot return either developed after they arrived, or was something they had not previously disclosed to anyone.
We act for people from every region. Claims commonly arise from these countries, but nationality does not establish a claim and it never has. Every protection application is assessed on what happened to that person and what they personally face on return.
Most of the people we act for arrived in Australia lawfully on a student, visitor, working holiday or skilled visa, and the reason they cannot return either developed after they arrived, or was something they had not previously disclosed to anyone.
Bangladesh
Cambodia
China
Colombia
Egypt
Fiji
India
Indonesia
Iran
Lebanon
Malaysia
Myanmar
Nepal
Pakistan
Russia
Singapore
Sri Lanka
Vietnam
Not listed? It makes no difference. Nationality is not a criterion, and there is no country list that qualifies or disqualifies a claim.
Wherever you are from, the question is what happened to you and what you face on return.
Evidence
What Evidence Do You Need for a Protection Visa
Short answer
Four things carry a protection application: your own written statement of claims, evidence of who you are, evidence of what happened to you, and country information showing the risk is real. The statement is the centre of it. Most refused applications are refused on credibility, and credibility is built or lost in the statement.
Four things carry a protection application: your own written statement of claims, evidence of who you are, evidence of what happened to you, and country information showing the risk is real. The statement is the centre of it. Most refused applications are refused on credibility, and credibility is built or lost in the statement.
Your Statement of Claims
A detailed, chronological account in your own words: who you are, what happened, when, who was responsible, and what you fear on return. Specific dates, places and names carry weight. General statements about a country do not. This document is read alongside everything else and every inconsistency in it will be put to you.
Evidence of Identity
Passport, national identity documents, birth certificate, and anything establishing nationality and place of residence. Where documents were lost or cannot safely be obtained, explain that clearly rather than leaving a gap. Unresolved identity is one of the largest causes of delay and refusal.
Evidence of What Happened
Police or court documents, arrest warrants, medical reports of injuries, photographs, threatening messages, news reports, membership records of a political party or religious group, and statements from people who witnessed events or know your situation.
Country Information
Independent reporting showing that what you fear actually happens to people like you in your country. Home Affairs relies on its own country information, so a submission that engages with the reputable published sources is far stronger than one asserting the position in general terms.
Documents Commonly Required
A detailed written statement of claims, in your own words
Passport and any national identity documents
Birth certificate and evidence of nationality
Evidence of your travel history and how you entered Australia
Police, court or arrest documents relating to what happened
Medical reports of injuries or of the effects of what you experienced
Photographs, messages, threats and any documentary trace of the events
Membership or association records for a political party, religious group or organisation
Statements from witnesses or from people who know your situation
Country information from reputable published sources
Accredited English translations of every document not in English
Health examination results, and identity documents for every family member included
Have your statement and evidence assessed before the application is lodged, not after the interview.
Refusals
Why Are Protection Visa Applications Refused
Short answer
Most protection refusals turn on credibility rather than law. The delegate accepts the country is dangerous but is not satisfied that this applicant personally faces the harm claimed. Inconsistency between the statement, the interview and the documents is the usual cause, followed by unresolved identity.
Most protection refusals turn on credibility rather than law. The delegate accepts the country is dangerous but is not satisfied that this applicant personally faces the harm claimed. Inconsistency between the statement, the interview and the documents is the usual cause, followed by unresolved identity.
Common Refusal Grounds
Inconsistency between the written statement, the interview answers and the documents
A statement too general to be tested, with no dates, places or names
Identity not established, or documents the Department considers unreliable
A risk faced by the population generally rather than by the applicant personally
A finding that protection or safe relocation is reasonably available within the home country
No Convention reason established, where complementary protection was not argued in the alternative
Delay in applying, treated as inconsistent with a genuine fear, where it is left unexplained
Return travel to the country protection is sought from
Health, character or security requirements not met
A request for further information answered late or incompletely
If Your Protection Visa Has Been Refused
Review rights generally apply to the Administrative Review Tribunal, which reconsiders the claim afresh. Time limits are strict and cannot be extended. Protection appeals succeed far less often than other visa categories, so the application itself is where the matter is usually won. See Protection Visa Refusal
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The Process
How to Apply for a Protection Visa
Short answer
The subclass 866 is lodged online through ImmiAccount while you are in Australia. You complete the application form, provide your statement of claims and supporting evidence, pay the $50 charge, and complete health examinations. The Department will usually interview you before deciding.
The subclass 866 is lodged online through ImmiAccount while you are in Australia. You complete the application form, provide your statement of claims and supporting evidence, pay the $50 charge, and complete health examinations. The Department will usually interview you before deciding.
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01
Get Advice Before You Lodge
A protection application cannot be redone. Section 48A generally bars a second one after a refusal, so the first application is effectively your only one. Advice before lodgement is worth more than advice at any later point.
02
Lodge While Your Current Visa Is Still Valid
This determines which bridging visa you get and whether you keep work rights. Lodging before your visa expires is one of the most consequential decisions in the whole process.
03
Write the Statement of Claims
Chronological, specific, in your own words. Dates, places, names and what you fear on return. This document carries the application and everything else is read against it.
04
Establish Your Identity
Passport, national documents, birth certificate. Where documents are lost or cannot safely be obtained, explain that in the application rather than leaving it unaddressed.
05
Gather Corroborating Evidence
Police and court documents, medical reports, photographs, messages, membership records, witness statements. Anything that fixes the account to a documentary trace.
06
Assemble Country Information
Independent reporting showing that what you fear happens to people in your position. Engage with the reputable published sources rather than asserting the position generally.
07
Have Everything Translated
Accredited English translation of every document not in English. Untranslated material is not considered, and poor translation creates inconsistencies that read as credibility problems.
08
Lodge, Then Prepare for the Interview
The interview is where most protection matters are decided. Preparation begins the day the application is lodged, not the week the invitation arrives.
There is no physical visa label. Once granted, the subclass 866 is recorded digitally and confirmed by a grant notice. See The Protection Visa Interview for what happens at that stage.
Interview invitation received? Preparation is the difference, and it takes more than a few days.
The Interview
What Happens at the Protection Visa Interview
Short answer
A Department delegate questions you in detail about your identity, your history and your claims, usually with an interpreter. It is the single most decisive event in a protection application. Most refusals are credibility findings, and credibility is assessed largely on how the interview goes.
Expect it to be long, detailed and repetitive by design. The same event will be asked about more than once and from different angles. That is a consistency test, not an accusation. Answering carefully and consistently matters more than answering quickly.
You are entitled to an interpreter in your own language and dialect. Ask for the dialect specifically. A great many credibility findings originate in interpretation problems rather than in anything the applicant actually said.
You can have a lawyer present. What we do beforehand is take you through your own statement, identify the areas the delegate is likely to probe, and make sure any inconsistency in the file is explained by you rather than discovered by them.
A Department delegate questions you in detail about your identity, your history and your claims, usually with an interpreter. It is the single most decisive event in a protection application. Most refusals are credibility findings, and credibility is assessed largely on how the interview goes.
Expect it to be long, detailed and repetitive by design. The same event will be asked about more than once and from different angles. That is a consistency test, not an accusation. Answering carefully and consistently matters more than answering quickly.
You are entitled to an interpreter in your own language and dialect. Ask for the dialect specifically. A great many credibility findings originate in interpretation problems rather than in anything the applicant actually said.
You can have a lawyer present. What we do beforehand is take you through your own statement, identify the areas the delegate is likely to probe, and make sure any inconsistency in the file is explained by you rather than discovered by them.
Interview invitation received? Preparation is the difference, and it takes more than a few days.
How We Help
How My Migration Lawyers Assists With a Protection Visa
Short Answer
We run the matter end to end. Assessing whether a claim is viable, advising on when to lodge, drafting the statement of claims, gathering evidence and country information, preparing you for the interview and attending it with you, and running the review if the application is refused.
We run the matter end to end. Assessing whether a claim is viable, advising on when to lodge, drafting the statement of claims, gathering evidence and country information, preparing you for the interview and attending it with you, and running the review if the application is refused.
1
Eligibility and Merits Assessment
We assess whether your circumstances engage the refugee criterion, the complementary protection criterion, or both, before anything is lodged. Where a claim is not viable we tell you, because a refused protection application closes the door under section 48A.
2
Timing Advice on When to Lodge
Lodging while you still hold a substantive visa determines which bridging visa you get and whether you keep work rights. This single decision changes more than almost any other, and it is the most common thing people get wrong.
3
Drafting the Statement of Claims
The document the whole application turns on. We work through your history in detail, in your own words, chronologically, with dates, places and names, and we identify the parts a delegate will test before they test them.
4
Interpreters and Language
We arrange interpreting in your language and dialect for our own conferences. A great many credibility findings originate in interpretation problems rather than in anything the applicant actually said.
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Establishing Identity
Passport, national documents, birth certificate. Where documents were lost or cannot safely be obtained, we address that in the application rather than leaving a gap for the Department to draw conclusions from.
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Gathering Corroborating Evidence
Police and court documents, arrest warrants, medical reports, photographs, threatening messages, membership records and witness statements. We work through what exists and what can still be obtained safely.
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Country Information Research
Home Affairs relies on its own country information. We engage with the reputable published sources and put the material that supports your claim in front of the delegate rather than leaving them to their default position.
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Translation Management
Accredited English translation of every document not in English. Poor translation creates inconsistencies that read as credibility problems, so we manage this rather than leaving it to chance.
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Lodging the Application
Completing the forms, assembling the statement and evidence into a coherent file, paying the charge, and making sure the application is complete at lodgement rather than built afterwards.
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Bridging Visa Management
Confirming which bridging visa has been granted, what conditions attach, and whether work rights apply. Where the conditions are not what they should be, we deal with it rather than leaving you to discover the problem later.
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Interview Preparation
The interview decides most protection matters. We take you through your own statement, the areas the delegate is likely to probe, and how to answer consistently under pressure. Preparation takes more than a few days.
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Attending the Interview With You
We attend the interview so that you are not answering questions about the worst period of your life alone, and so that any procedural problem is raised at the time rather than after the decision.
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Responding to Department Requests
Where the Department puts adverse information to you for comment, or requests further material, we respond within time and in the form the Department expects. These responses often decide the outcome.
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Written Legal Submissions
A submission connecting your evidence to section 36(2)(a) and section 36(2)(aa), addressing the elements of each test and the country information, rather than leaving a delegate to assemble the argument from a folder.
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Family Members and Reunion
Including a partner and children in the same application at no additional charge, and advising on proposing family members offshore under the humanitarian program once the visa is granted.
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Review and What Comes Next
If the application is refused we assess the merits of review, lodge within the time limit, and run the Tribunal matter. Where the Tribunal affirms, we advise on judicial review and on section 48B.
What Working With Us Looks Like
Lawyers, not agents
Your matter is handled by Australian lawyers, and everything you tell us is covered by legal professional privilege.
Nothing is reported
We do not report to the Department, and nothing you tell us reaches your home country or your embassy.
Fees quoted in writing
You know the professional fee before you engage us. The Department charge of $50 is paid by you directly.
One firm from start to finish
The same team runs the assessment, the statement, the lodgement, the interview and any review. Nothing is handed off midway.
You generally get one protection application. Tell us your situation before it is lodged, not after.
After the Grant
What Happens After the Visa Is Granted
Short answer
You are a permanent resident from the day the visa is granted. There is no second stage and no further application. You can work, study, access Medicare and government support, and you can begin the residence period that leads to citizenship.
Two things to know. The visa carries a five year travel facility from the date of grant, and after that a Resident Return visa is needed to re-enter Australia, so do not let it lapse unnoticed. And the travel facility does not extend to the country you sought protection from. Returning there, or approaching its government for a passport, is treated as inconsistent with the claim and can put the visa at risk. Family members outside Australia may be able to be proposed under the humanitarian program, which is a separate process worth advice.
You are a permanent resident from the day the visa is granted. There is no second stage and no further application. You can work, study, access Medicare and government support, and you can begin the residence period that leads to citizenship.
Two things to know. The visa carries a five year travel facility from the date of grant, and after that a Resident Return visa is needed to re-enter Australia, so do not let it lapse unnoticed. And the travel facility does not extend to the country you sought protection from. Returning there, or approaching its government for a passport, is treated as inconsistent with the claim and can put the visa at risk. Family members outside Australia may be able to be proposed under the humanitarian program, which is a separate process worth advice.
Permanent from day one. The planning that matters now is citizenship and family reunion.
Questions
Protection Visa Frequently Asked Questions
Answers to the questions Indonesians applicants ask most often. See also our 30 protection visa FAQs and 30 LGBT protection visa FAQs.
What Is a Protection Visa Subclass 866
It is Australia's onshore permanent protection visa. It is granted to people already in Australia who satisfy either the refugee criterion in section 36(2)(a) of the Migration Act 1958, or the complementary protection criterion in section 36(2)(aa). It is permanent from the day it is granted.
How Much Does an Australian Protection Visa Cost
The Department of Home Affairs application charge for the subclass 866 is AUD $50, and one charge covers everyone included in the same application. It is not refunded if the application is refused.
Can I Work While My Protection Visa Is Being Processed
Usually, but it depends on which bridging visa is granted, which depends on what visa was held at lodgement. Work rights are not automatic on every bridging visa, so the grant notice should be checked.
The Difference Between the Refugee Criterion & Complementary Protection
The refugee criterion requires a well founded fear of persecution for a Convention reason: race, religion, nationality, political opinion or membership of a particular social group. Complementary protection requires substantial grounds for believing there is a real risk of significant harm, with no Convention reason required.
Will the Department Contact My Home Government
No. The Department of Home Affairs does not tell a home government or embassy that a protection application has been made, and does not seek information from the authorities the applicant fears. Country information is drawn from published sources.
Can I Apply for Protection if the Danger Started After I Arrived in Australia
Yes. Claims arising after arrival are recognised, including where a government changed, a conflict began, the applicant converted to another religion, became politically active, or their sexual orientation became known. The question is the risk on return assessed at the time of decision.
How Long Does an Australian Protection Visa Take
There is no published processing time for the subclass 866. The Department's February 2026 onshore protection update recorded 1,543 lodgements that month, 2,264 refugee status determinations, 300 final protection visa grants, and 25,035 matters awaiting decision.
Can I Include My Family in a Protection Visa Application
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.
Can I Travel After a Protection Visa Is Granted
The subclass 866 permits travel to and entry into Australia for five years from the date of grant, after which a Resident Return visa is needed. Travel to the country protection was sought from can put the visa at risk.
What if I Have Already Been Refused a Protection Visa
Section 48A of the Migration Act 1958 generally bars a further protection visa application once one has been refused while the applicant was in Australia. Only the Minister can lift the bar personally under section 48B, and it is not commonly exercised.
Do I Need to Have Arrived on a Valid Visa to Apply for Protection
You must have been immigration cleared when you arrived. A subclass 866 application cannot be made by an unauthorised maritime arrival, and it cannot be made from outside Australia.
Does Being From a Dangerous Country Mean a Protection Visa Will Be Granted
No. It is not enough that a country is unsafe, unstable or at war. The legal question is whether the applicant personally faces persecution or a real risk of significant harm. A risk faced by the population generally does not meet the test.
About the Reviewer
Who Reviewed This Page
Weiwei Zhang is an Australian lawyer practising exclusively in Australian migration law and is the Principal Lawyer at My Migration Lawyers. She reviews the firm's published legal guidance for accuracy.
Weiwei Zhang
Managing Director and Principal Lawyer, My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Weiwei Zhang is an Australian lawyer practising exclusively in Australian migration law and is the Principal Lawyer at My Migration Lawyers. She reviews the firm's published legal guidance for accuracy.
Last Reviewed
16 September 2026
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