Protection (subclass 866) Visa

The Protection (subclass 866) visa is a visa for people who are seeking protection in Australia. If you are granted this visa, you will be able to stay in Australia permanently. You will be eligible for assistance from the Australian government, including access to health care, education, and social services. To be eligible for this visa, you must meet certain requirements, including passing a character assessment. The Protection (subclass 866) visa is an important way to protect yourself and your family if you are fleeing persecution or danger. If you are interested in applying for this visa, here are some information about what it entails and how to apply.

What Is A Protection (subclass 866) Visa?

The Protection (subclass 866) visa is intended for visa applicants who arrived on shore lawfully and wants to seek asylum due to some perceivable harm they would suffer in their home country.

What Rights Are Granted?

This is a permanent visa, that is, you become a permanent resident when this visa is granted.

An Australian permanent resident is entitled to certain rights, they may:

  • remain in Australia indefinitely

  • work and study in Australia

  • enroll in Australia’s national health scheme, Medicare

  • apply for bank loans to buy property

  • sponsor eligible relatives for permanent residence

  • apply for Australian citizenship, if eligible

  • travel to and from Australia for as long as your travel facility permits.  Please see Overseas travel as a permanent resident.

  • attend free English language classes provided by the Adult Migrant English Program

  • work in New Zealand

Eligibility

The following is a list of requirements that must be satisfied to be granted a protection visa:

  • The visa applicant must be a refugee or meet the complementary protection criteria.

  • The visa application must have arrived in Australia legally.

  • The visa application must not be barred from making a valid protection visa application:

    • Must not be refused a protection visa since the visa applicant’s last arrival

    • Must not have a protection visa cancelled

    • Must not be a national of 2 or more countries

    • Must not be granted protection in another country

  • The visa application must not have held any of the visas listed below:

  • The visa applicant must meet health, character and security requirements

What Is Meant By ‘Refugee’

For the purposes of a Protection visa, Migration Act 1958 (Cth) s 5H(1) defines a ‘refuge’ as a person who is outside their country of nationality or former habitual residence and owing to a ‘well-founded fear of persecution’, is unable or unwilling to return to their home country to seek the protection of that country.

Pursuant to Migration Act 1958 (Cth) s 5J(1), a ‘well-founded fear of persecution’ arises if a person fears being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, and there is a real chance for that if the person returned to the receiving country, the person would be persecuted for the aforementioned reasons. The persecution must involve ‘serious harm’ (Migration Act 1958 (Cth) s 5J(4). Serious harm includes but is not limited to a threat to the person’s life or liberty, significant physical harassment or economic hardship that threatens the person’s capacity to subsist.

What Is Meant By ‘Complementary Protection Criteria’

Complementary protection is essentially for persons who do not satisfy the criteria of ‘refuge’ who is unable to return to their home country because they will suffer from harm which engages Australia’s protection obligations.

These obligations usually come from international treaties that Australia is a party to. An example may be the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).

A person must suffer from significant harm to be eligible. Examples of significant harm includes arbitrary deprivation of life, the death penalty, torture, cruel or inhumane treatment or punishment, or degrading treatment or punishment.

How Agape Henry Crux Can Help You

Every situation is unique, please contact us for an assessment of which visa best suit your purposes. At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are well trained to handle highly complex matters. Contact us or book one of our lawyers or agents to seek professional advice by calling 02-72002700 or email us to book in a time at info@ahclawyers.com.

Asylum Seekers, Assurance of SupportJames ShinAgape Henry Cruxsubclass 866 visa, protection visa australia, Convention Against Torture