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Protection visa · subclass 866 · General information

Not yet reviewed by a registered migration agent. Review is pending.

Australian Protection visa (subclass 866): a plain-English guide to refugee and complementary protection

What the visa is, who may qualify, how the legal tests work, how to apply, and what happens next. It is written to be read at your own pace, and it does not ask you to share anything about yourself.

Free legal help: phone numbersHow eligibility worksTalk to our team

Based on the Migration Act 1958 and Home Affairs’ own pages, as at 2 November 2026. Prepared by the Global Migrations editorial team from official sources. Could someone check your device? Use a private window and read your safety first.

Start here, in short

  • A Protection visa is for a person who is in Australia and who Australia has protection obligations towards.
  • There are two legal tests: refugee, and complementary protection. They are different.
  • Free, confidential legal advice is available from the providers listed in the free legal help section.
  • Applying does not guarantee a visa. Read your decision letter carefully, because it explains your review options.
  • If you are in danger now, call 000.

Your safety and language

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Language. This page is in English only. We have not published machine-translated versions, because a mistranslated legal explanation can harm a person who relies on it. We would publish a language only after a qualified translator has produced and checked it. Home Affairs says it provides an interpreter at an interview. A free legal provider listed on this page can tell you what language help they offer. The “Read aloud” button on each section uses your device’s own voice, in English, and its quality varies.

At a glance

The Protection visa in six facts.

The legal test

The person must be a refugee, or meet the complementary protection criteria, or be a family member of someone who does and holds the same visa. Other statutory criteria also apply.

Source: Migration Act 1958 (opens in a new tab)

No guarantee

Lodging an application does not guarantee a grant. The decision depends on your facts and on the law.

Source: Our plain-language explanation

Who the visa is for

Protection, not a general migration pathway.

The law asks specific questions. Not every difficult situation meets them, and each person’s case is assessed on its own facts.

It is aimed at

People who face a real risk of significant harm

If removed from Australia: for example arbitrary deprivation of life, the death penalty, torture, cruel or inhuman treatment or punishment, or degrading treatment or punishment.

Source: Migration Act 1958 (opens in a new tab)

Family members

A person in Australia who is a member of the same family unit as someone who meets either test and holds the same class of visa can also qualify.

Source: Migration Act 1958 (opens in a new tab)

It is not

Anyone who feels unsafe

Feeling unsafe, or living in a difficult country, does not by itself meet the legal test. The test asks specific questions, set out below.

Source: Migration Act 1958 (opens in a new tab)

The pathway

From ImmiAccount to a decision, and review.

Eight stages. Open a stage to see what it involves and where to read more.

Choose a stage to open it. The time limits shown are the statutory limits in the Migration Act. This is an outline, not a prediction of how long anything will take.

Refugee protection

The refugee test, element by element.

Section 36(2)(a) of the Migration Act asks whether the person is a refugee. Sections 5H to 5M define it. All the elements matter, and each is summarised here with the Act’s own words underneath.

Section 5H(1)Outside the country

The person is outside the country of their nationality (or, if they have no nationality, outside the country where they used to live), and is unable or unwilling to rely on that country’s protection or to return, because of a well-founded fear of persecution.

From the Act (condensed; see the Act for the full text)A person is a refugee if, having a nationality, they are outside the country of their nationality and, owing to a well-founded fear of persecution, are unable or unwilling to avail themselves of the protection of that country; or, having no nationality, they are outside the country of their former habitual residence and owing to a well-founded fear of persecution are unable or unwilling to return to it.
Section 5J(1)(a)One of five reasons

The fear must be of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. Persecution for other reasons does not meet this test.

From the Act (condensed; see the Act for the full text)The person fears being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion.
Section 5J(1)(b) and (c)A real chance, in all areas

There must be a real chance that the person would be persecuted if they returned, and that chance must relate to all areas of the country they would return to. If there is a part of the country where the person would not face it, the test is not met.

From the Act (condensed; see the Act for the full text)There is a real chance that, if the person returned to the receiving country, the person would be persecuted for one or more of those reasons, and the real chance of persecution relates to all areas of the receiving country.
Section 5J(4)(a)The reason must be essential and significant

The protected reason (for example religion) must be the essential and significant reason for the persecution, not one among many minor ones.

From the Act (condensed; see the Act for the full text)That reason must be the essential and significant reason, or those reasons must be the essential and significant reasons, for the persecution.
Section 5J(4)(b) and (5)Serious harm

The persecution must involve serious harm. The Act gives examples: a threat to life or liberty; significant physical harassment or ill-treatment; significant economic hardship that threatens the person’s capacity to subsist; denial of basic services or of the capacity to earn a livelihood where that threatens the person’s capacity to subsist.

From the Act (condensed; see the Act for the full text)The persecution must involve serious harm to the person. Without limiting that, instances of serious harm include a threat to the person’s life or liberty, significant physical harassment, significant physical ill-treatment, significant economic hardship that threatens the person’s capacity to subsist, denial of access to basic services where the denial threatens the person’s capacity to subsist, and denial of capacity to earn a livelihood of any kind where the denial threatens the person’s capacity to subsist.
Section 5J(4)(c)Systematic and discriminatory conduct

The persecution must involve systematic and discriminatory conduct, not a single, random or purely personal incident.

From the Act (condensed; see the Act for the full text)The persecution must involve systematic and discriminatory conduct.
Sections 5J(2) and 5LAEffective protection in the country

A person does not have a well-founded fear of persecution if effective protection measures are available. That means the State, or a party that controls the State or much of its territory, is willing and able to protect the person, the person can access it, it is durable, and (for a State) it consists of an appropriate criminal law, a reasonably effective police force and an impartial judicial system.

From the Act (condensed; see the Act for the full text)A person does not have a well-founded fear of persecution if effective protection measures are available to the person in a receiving country.
Section 5J(3)Changing behaviour

A person does not have a well-founded fear if they could take reasonable steps to modify their behaviour to avoid the persecution. The Act says that does not include changes that conflict with a characteristic fundamental to the person’s identity or conscience, or that conceal an innate or immutable characteristic. It lists examples: renouncing or concealing religious beliefs, concealing race or nationality, altering or concealing political beliefs, concealing a disability, entering or staying in a marriage the person opposes, or concealing sexual orientation, gender identity or intersex status.

From the Act (condensed; see the Act for the full text)A person does not have a well-founded fear of persecution if the person could take reasonable steps to modify his or her behaviour so as to avoid a real chance of persecution in a receiving country, other than a modification that would conflict with a characteristic that is fundamental to the person’s identity or conscience or conceal an innate or immutable characteristic.
Sections 5K and 5LA particular social group

For a group other than the person’s family, a characteristic must be shared by each member, the person must share (or be perceived as sharing) it, the characteristic must be innate or immutable, or so fundamental to identity or conscience that the person should not be forced to renounce it, or must distinguish the group from society, and it cannot simply be a fear of persecution. Section 5K sets special rules where the group is the person’s family.

From the Act (condensed; see the Act for the full text)A characteristic is shared by each member of the group; the person shares, or is perceived as sharing, the characteristic; any of the following apply: the characteristic is innate or immutable, so fundamental to a member’s identity or conscience that the member should not be forced to renounce it, or distinguishes the group from society; and the characteristic is not a fear of persecution.
Section 5J(6)Conduct in Australia

Things the person has done in Australia are disregarded when assessing the fear, unless the person satisfies the Minister they did them for a reason other than to strengthen their claim to be a refugee.

From the Act (condensed; see the Act for the full text)Any conduct engaged in by the person in Australia is to be disregarded unless the person satisfies the Minister that the person engaged in the conduct otherwise than for the purpose of strengthening the person’s claim to be a refugee.
Section 5H(2); section 36(1B) and (1C); section 5MExclusions

The definition does not apply if the Minister has serious reasons for considering the person has committed a crime against peace, a war crime or a crime against humanity, committed a serious non-political crime before entering Australia, or been guilty of acts contrary to the purposes and principles of the United Nations. Separately, a Protection visa applicant must not be assessed by ASIO as a risk to security, and must not be considered on reasonable grounds a danger to Australia’s security, or, having been convicted of a particularly serious crime, a danger to the Australian community.

From the Act (condensed; see the Act for the full text)Subsection 5H(1) does not apply if the Minister has serious reasons for considering that the person has committed a crime against peace, a war crime or a crime against humanity, committed a serious non-political crime before entering Australia, or been guilty of acts contrary to the purposes and principles of the United Nations.

Persecution, serious harm and a well-founded fear all have precise meanings in the Act. This summary does not replace them, and it cannot tell you how a decision-maker would apply them to your facts.

Source: Migration Act 1958 (opens in a new tab)

Complementary protection

A separate legal test.

Section 36(2)(aa) is for a person who is not a refugee. Failing the refugee test does not settle whether complementary protection applies. It is a different question.

Section 36(2)(aa)The test

For a person in Australia who is not a refugee: the Minister must be satisfied there are substantial grounds for believing that, as a necessary and foreseeable consequence of being removed from Australia to a receiving country, there is a real risk that the person will suffer significant harm.

From the Act (condensed; see the Act for the full text)A non-citizen in Australia (other than a refugee) in respect of whom the Minister is satisfied Australia has protection obligations because the Minister has substantial grounds for believing that, as a necessary and foreseeable consequence of the non-citizen being removed from Australia to a receiving country, there is a real risk that the non-citizen will suffer significant harm.
Section 36(2A)What counts as significant harm

Five things: being arbitrarily deprived of life; the death penalty being carried out; being subjected to torture; being subjected to cruel or inhuman treatment or punishment; being subjected to degrading treatment or punishment.

From the Act (condensed; see the Act for the full text)A non-citizen will suffer significant harm if the non-citizen will be arbitrarily deprived of his or her life, the death penalty will be carried out on the non-citizen, the non-citizen will be subjected to torture, to cruel or inhuman treatment or punishment, or to degrading treatment or punishment.
Section 36(2B)When there is taken to be no real risk

There is taken to be no real risk if the Minister is satisfied that it would be reasonable for the person to relocate to an area where there would not be a real risk, or the person could get protection from an authority of the country that removes the risk, or the real risk is one faced by the population of the country generally and not by the person personally.

From the Act (condensed; see the Act for the full text)There is taken not to be a real risk that a non-citizen will suffer significant harm in a country if the Minister is satisfied that it would be reasonable for the non-citizen to relocate to an area where there would not be a real risk, the non-citizen could obtain from an authority of the country protection such that there would not be a real risk, or the real risk is one faced by the population of the country generally and is not faced by the non-citizen personally.
Section 36(2C)Ineligibility

A person is taken not to satisfy this criterion if the Minister has serious reasons for considering they committed a crime against peace, a war crime, a crime against humanity, a serious non-political crime before entering Australia, or acts contrary to the purposes and principles of the United Nations, or considers on reasonable grounds they are a danger to Australia’s security or, having been convicted of a particularly serious crime, a danger to the Australian community.

From the Act (condensed; see the Act for the full text)A non-citizen is taken not to satisfy the criterion mentioned in paragraph (2)(aa) if the Minister has serious reasons for considering that the non-citizen has committed a crime against peace, a war crime or a crime against humanity, or a serious non-political crime before entering Australia, or has been guilty of acts contrary to the purposes and principles of the United Nations, or the Minister considers on reasonable grounds that the non-citizen is a danger to Australia’s security or a danger to the Australian community.

A person facing hardship or general insecurity does not automatically meet this test. Section 36(2B)(c) says there is taken to be no real risk where it is one faced by the population generally and not by the person personally.

Source: Migration Act 1958 (opens in a new tab)

Side by side

Refugee protection and complementary protection.

Choose a topic, or read them all.

Where it is in the ActRefugee protectionSection 36(2)(a), with sections 5H to 5MComplementary protectionSection 36(2)(aa), with sections 36(2A), (2B) and (2C)
The question askedRefugee protectionDoes the person have a well-founded fear of persecution for one of five reasons?Complementary protectionIs there a real risk of significant harm as a necessary and foreseeable consequence of removal?
Is a protected reason required?Refugee protectionYes: race, religion, nationality, particular social group or political opinion, as the essential and significant reason.Complementary protectionThe test does not list those five reasons. It asks about the kind of harm.
The kind of harmRefugee protectionSerious harm, involving systematic and discriminatory conduct.Complementary protectionSignificant harm: the five kinds listed in section 36(2A).
Moving elsewhere in the countryRefugee protectionThe real chance must relate to all areas of the country.Complementary protectionNo real risk is taken to exist if it would be reasonable to relocate to a safe area.
Protection from the StateRefugee protectionNo well-founded fear if effective protection measures are available.Complementary protectionNo real risk is taken to exist if protection from an authority of the country would remove the risk.
Risk faced by everyoneRefugee protectionThere is no equivalent rule. The persecution must instead involve systematic and discriminatory conduct, for a protected reason.Complementary protectionNo real risk is taken to exist if the risk is faced by the population generally and not by the person personally.
ExclusionsRefugee protectionSection 5H(2), and section 36(1B) and (1C).Complementary protectionSection 36(2C), and section 36(1B) and (1C).
How they relateRefugee protectionA person who is a refugee is assessed under this test.Complementary protectionApplies to a person “other than” a refugee, so a refugee is not assessed under it. It is a separate test, not a lesser version of the refugee test.

The two tests are different. Failing the refugee test does not decide the complementary protection question, and meeting one does not mean the other is met.

Source: Migration Act 1958 (opens in a new tab), Our plain-language explanation

Find the part of the law

Which legal question does my concern relate to?

Choose what is true for you, not what you think will help, and never change your account. This does not assess your case and does not say whether you qualify. It points to the part of the law that asks about the kind of concern you chose. What you choose stays in your browser. Like most websites, this site counts page visits with analytics, which can see that this page was opened.

Choose any that sound like your concern. You can choose more than one.

Nothing chosen yet.

Eligibility

What the visa requires.

Four sources of requirements sit together: the Act’s criteria, Home Affairs’ description of the visa, the rules on who can make a valid application, and the checks every applicant goes through.

1

Be in Australia, having arrived with a visa in effect

You must arrive in Australia while holding a visa that was in effect and be immigration cleared on arrival. Home Affairs says you cannot make a valid application for the permanent Protection visa if you are an unauthorised maritime arrival, or were not immigration cleared on your last entry to Australia.

Source: Home Affairs: Protection visa (866) (opens in a new tab)

3

Security and safety criteria

You must not be assessed by ASIO to be a risk to security, and must not be a person the Minister considers on reasonable grounds to be a danger to Australia’s security, or, having been convicted by a final judgment of a particularly serious crime, a danger to the Australian community.

Source: Migration Act 1958 (opens in a new tab)

4

Identity requirements

You may be asked for documents showing your identity, nationality or citizenship, and for biometrics (a fingerprint scan and a facial photograph). Home Affairs says it is your responsibility to cooperate so identity checks can be completed.

Source: Home Affairs: Protection visa (866) (opens in a new tab)

5

Not barred from applying

You cannot make a valid permanent Protection visa application if you have been refused a protection visa, or had one cancelled, since your last arrival in Australia. Home Affairs says the Minister has the power to lift an application bar if it is determined to be in the public interest.

Source: Home Affairs: Protection visa (866) (opens in a new tab)

6

Not held certain earlier visas

You must not hold, or ever have held, a Temporary Protection visa (subclass 785), Temporary Safe Haven visa (subclass 449), Temporary (Humanitarian Concern) visa (subclass 786) or Safe Haven Enterprise visa (subclass 790).

Source: Home Affairs: Protection visa (866) (opens in a new tab)

8

The Australian values statement

If you are 18 or older, you must have read, or had explained to you, the Life in Australia booklet, and confirm that you will respect the Australian way of life and obey Australian laws.

Source: Home Affairs: Protection visa (866) (opens in a new tab)

9

Rights to enter another country

(Section 36(3) to (5A).) Australia is taken not to have protection obligations in respect of a person who has not taken all possible steps to avail themselves of a right to enter and reside in any country other than Australia, including a country of which they are a national. That rule has exceptions, for example where the person has a well-founded fear of persecution in that country, or would face a real risk of significant harm there.

Source: Migration Act 1958 (opens in a new tab)

Please note. This is a summary of the criteria, not a test you can run on yourself. Whether they are met depends on the facts, the evidence and the Department’s findings.

Subclass 866, 785 and 790 are different visas

866

Protection visa (subclass 866)

Who
People in Australia who arrived while holding a visa in effect, were immigration cleared, and are not barred. It is the permanent protection visa.
How long
Permanent. You become a permanent resident on the day it is granted.
Also
You must not hold, or ever have held, a 785, 449, 786 or 790.

Source: Home Affairs: Protection visa (866) (opens in a new tab)

785

Temporary Protection visa (subclass 785)

Who
People who cannot make a valid application for the 866, for example unauthorised maritime arrivals, people not immigration cleared on their last entry, people who entered without a valid visa, or people who hold or held a 785, 449, 786 or 790.
How long
Temporary: 3 years.
Also
Home Affairs says that for a 785 granted to a person who arrived on or after 14 February 2023, a subsequent 785 or SHEV may be available. Certain holders may be eligible for a permanent Resolution of Status (RoS) visa (subclass 851).

Source: Home Affairs: Temporary Protection visa (785) (opens in a new tab)

790

Safe Haven Enterprise visa (subclass 790)

Who
The same group as for the 785: people who cannot make a valid application for the 866.
How long
Temporary: 5 years.
Also
Home Affairs says that for a 790 granted on or after 14 February 2023, the holder must apply for a subsequent SHEV or TPV before it expires, if they still need protection and are not subject to application bars. Certain holders may be eligible for the RoS visa (subclass 851).

Source: Home Affairs: Safe Haven Enterprise visa (790) (opens in a new tab)

The three visas have different eligibility, different rules and different outcomes. Do not assume that what applies to one applies to another. Home Affairs also lists the Temporary Safe Haven visa (449) and the Temporary (Humanitarian Concern) visa (786) as earlier visas that affect eligibility; we do not describe them further.

How to apply

The application journey, step by step.

Timelines vary and depend on each application. Nothing here is a guarantee about how long any step will take.

  1. Understand whether protection obligations may be relevant

    Read the two legal tests above. Home Affairs says that, before you apply, you should get professional advice from a registered migration agent or an Australian legal practitioner, and that free advice is available from specialist providers.

    Source: Migration Act 1958 (opens in a new tab), Home Affairs: Protection visa information (opens in a new tab)

  2. Check the application requirements

    You must be in Australia, have arrived with a visa in effect and been immigration cleared, and not be barred. If you cannot make a valid application for the 866, the 785 or 790 may be the route that applies.

    Source: Home Affairs: Protection visa (866) (opens in a new tab), Home Affairs: Temporary Protection visa (785) (opens in a new tab)

  3. Prepare truthful and complete information

    Home Affairs says you must answer all the questions about your claims, that the form asks for your education, work, travel, relationship and address history with no gaps, and that a decision can be made using only the information you give when you apply.

    Source: Home Affairs: Protection visa (866) (opens in a new tab)

  4. Gather your documents

    Identity documents, evidence for your claims, relationship documents, and character documents when you are asked. The next section lists them. If you cannot provide identity documents, Home Affairs says to provide a statement explaining why.

    Source: Home Affairs: Protection visa (866) (opens in a new tab)

  5. Lodge online in ImmiAccount

    Protection visa applications must be lodged online through ImmiAccount. You attach documents, pay the application fee (Home Affairs will not process the application until you pay), and keep a record of your Transaction Reference Number. You can save the application and come back to it.

    Source: Home Affairs: Protection visa (866) (opens in a new tab)

  6. Respond to the Department

    Home Affairs says it will send an acknowledgement letter, may ask for health examinations and biometrics, and may ask for more information by a set date. It says it cannot give updates on processing status, but you can check ImmiAccount for requests.

    Source: Home Affairs: Protection visa (866) (opens in a new tab)

  7. Attend an interview if asked

    The interview is to discuss your claims, and is a chance to clarify them. Home Affairs says it may decide on the information in your application, so it matters to provide everything when you lodge.

    Source: Home Affairs: Protection visa (866) (opens in a new tab)

  8. Wait for a decision

    Home Affairs says the process is complex and will take some time. It states no timeframe, and nor do we. It will tell you its decision in writing.

    Source: Home Affairs: Protection visa (866) (opens in a new tab)

  9. Understand the possible outcomes

    A grant, or a refusal with the review rights set out in the letter. A refusal and an invalid application are different things.

    Source: Home Affairs: Protection visa (866) (opens in a new tab)

Evidence and documents

What may help support an application.

The right evidence depends on the person. Home Affairs lists these categories.

Identity, nationality and citizenship

  • All pages of current or expired passports, including the photo page
  • Birth certificate
  • National identity card
  • Driver’s licence
  • Proof of a change of name, such as a marriage or divorce certificate
  • Any other document supporting your identity, nationality or citizenship

Source: Home Affairs: Protection visa (866) (opens in a new tab)

Character

  • Military service records or discharge papers, if you or a family member served in any country’s armed forces
  • Police certificates from each country you lived in for 12 months or more in the past 10 years after turning 16, other than the country you are claiming protection from. Home Affairs says not to arrange these until it asks you to

Source: Home Affairs: Protection visa (866) (opens in a new tab)

  • Which of these apply depends on your circumstances. Not every item applies to every person.
  • Home Affairs says to have all non-English documents translated into English and to provide both the original and the translation. It says you do not need to have documents certified for the application. For the interview, it says translations must be certified by a translator accredited by NAATI.
  • Home Affairs says that if you cannot provide travel or identity documents, you should provide a statement explaining why.
  • Never create, change or exaggerate a document or a claim. Home Affairs says giving false or misleading information is a serious offence, with possible fines and imprisonment for up to 10 years, and that it can lead to refusal or cancellation.
  • A missing document does not by itself decide the outcome. The Department decides on the facts and the law.
Preparation checklist

0 of 11 considered

Not every item applies to every person. Your ticks stay in this page only: nothing is saved or sent.

Build an evidence list for your situation

Choose what applies to you.

Your list (4 items)

  • An ImmiAccount, and a record of your Transaction Reference Number
  • Identity documents, scanned in colour (all pages of passports, including the photo page)
  • Answers to every question about your claims, written truthfully and completely
  • Your education, work, travel, relationship and address history, as far as you can remember, and where you cannot, say so

These are examples of what people may have. None is a requirement for every person, and a missing document does not by itself decide the outcome. Never create, change or exaggerate a document or a claim. What you choose stays in your browser, and the file is made on your device. The file is saved to your device. Anyone who can open your Downloads folder can read it, so delete it when you finish.

Your account

An outline for your own personal statement.

Many people find it hard to know where to start. This is a blank list of questions to organise your own account, in date order.

A blank list of questions, in date order, to help you organise your own account. It does not tell you what to say. Nothing is typed into this page. The file is saved to your device. Anyone who can open your Downloads folder can read it, so delete it when you finish.

Preview the outline
NOTES OUTLINE (BLANK TEMPLATE)
General information only, not legal or migration advice.

Read this first
- Write in your own words, in your own language if that is easier, and have it translated into English.
- Tell the truth. Home Affairs says giving false or misleading information is a serious offence and can lead to refusal.
- Be as complete as you can. Home Affairs says an officer may decide on the information you give, and that you can add information in writing until a decision is made.
- Where you are unsure of a date, say so and give your best estimate. Do not guess and present it as certain.
- This outline is a set of questions to help you organise what you want to say. It is not a form that Home Affairs requires.
- Please talk to a free legal provider or a registered migration agent before you submit anything.

1. Who you are
   Your name, date and place of birth, nationality, languages, family, education and work.

2. Where you lived
   Each place you lived, with dates as far as you can remember. Where you cannot remember, say so.

3. What happened
   In date order: each important event, when and where it happened, who was involved, and what happened to you or to people close to you.

4. Why you think it happened
   What you believe the reason was, only if you know. It is fine to say you do not know. You do not have to know the legal reason.

5. Asking for help in your country
   Whether you asked the police or other authorities for help. What happened. If you did not ask, explain why.

6. Other parts of your country
   Whether you tried living in another part of your country, or why you did not. What happened.

7. Leaving your country
   When and why you left, how you travelled, and which countries you passed through or lived in.

8. What you fear if you return
   What you think could happen to you, who you fear, and why.

9. Documents
   A list of the documents you attach, and an explanation for any that you do not have.

10. Anything else
   Anything the questions above did not let you say.
The assessment

What happens after you lodge.

This explains the stages the Department describes. It does not say how a decision-maker will assess any one claim.

Examination of the application

Home Affairs says it can make a decision using the information provided when you lodge. It may ask for more, and you will have to respond by a set date, after which it can decide on what it has.

Source: Home Affairs: Protection visa (866) (opens in a new tab)

Health examinations and biometrics

Home Affairs will tell you when to arrange health examinations. It will contact you about biometrics. It says that if you do not let it collect them, your application will be invalid and cannot be considered, and a bridging visa granted when you applied would end 35 days after you are notified. It says waivers can apply in exceptional circumstances.

Source: Home Affairs: Protection visa (866) (opens in a new tab)

The interview

Home Affairs says most interviews are by videoconference. You can bring your agent or representative. An interpreter is provided if you need one. You may be able to bring a support person if you ask permission at least 2 working days beforehand. The interview is audio-recorded with your permission, and you will be asked to make an oath or affirmation. If you do not attend, the Department can decide on the information it has.

Source: Home Affairs: Protection visa (866) (opens in a new tab)

More information

Home Affairs says you can provide more information in writing at any time until it decides, and that if it receives information from another person that could lead to refusal, it will give you the opportunity to comment. It asks for anything you want considered before an interview at least 5 working days beforehand.

Source: Home Affairs: Protection visa (866) (opens in a new tab)

Conditions in the country

The legal tests ask about conditions in the country a person would return to, for example whether effective protection measures are available. The sources we read do not describe how the Department gathers information about those conditions.

Source: Migration Act 1958 (opens in a new tab), Our plain-language explanation

The interview

What to expect if you are asked to an interview.

From Home Affairs’ Protection visa page and the Migration Act.

Why there may be an interview

Home Affairs says it will contact you if it needs you to attend an interview. The interview is to discuss your application, and it is also a chance to clarify your claims. It also says an officer may decide on your application with no further contact, so it says to give all your claims and evidence when you apply.

Source: Home Affairs: Protection visa (866) (opens in a new tab)

How it is held

Home Affairs says it holds most Protection visa interviews by videoconference, and that you will be given instructions on how to join. If it is in person, it gives the office details. You must make every reasonable effort to attend, and should tell the Department as soon as possible if you cannot. If you do not attend, it can decide on the information available at the time.

Source: Home Affairs: Protection visa (866) (opens in a new tab), Migration Act 1958 (opens in a new tab)

Who can come with you

Home Affairs says your migration agent or representative can attend. You may be able to bring a support person, such as a friend or relative, if you ask permission from the officer named in your letter at least 2 working days before, and they bring photo identification.

Source: Home Affairs: Protection visa (866) (opens in a new tab)

What you may be asked to bring

Your “request to attend interview” letter if it is at the office, your original identity documents, any other proof of your claims, and a religious book if you want to make an oath (you do not need one to make an affirmation). Home Affairs says to bring English translations, certified by a translator accredited by the National Accreditation Authority for Translators and Interpreters (NAATI).

Source: Home Affairs: Protection visa (866) (opens in a new tab)

During the interview

Home Affairs says to be ready 15 minutes before. The interview is audio-recorded, with your permission asked, and the recording is kept confidential. The officer checks documents, asks you to make an oath or affirmation that your information is true, and asks about your claims, identity and other information. Home Affairs says to tell the truth, give clear and complete answers, and that at the interview you can change information you gave before.

Source: Home Affairs: Protection visa (866) (opens in a new tab)

Sending more information

Home Affairs says you can give more information in writing at any time until a decision is made, and that if you want it considered before an interview you should send it at least 5 working days before. It will still consider later information, but the interview may not go ahead as planned.

Source: Home Affairs: Protection visa (866) (opens in a new tab)

Fairness: information that could lead to refusal

Section 57 of the Migration Act says that if the Minister considers information (other than non-disclosable information) would be the reason, or part of the reason, for refusing the visa, is specifically about you or another person (and not just about a class of people you belong to), and was not given by you for the application, the Minister must give you particulars of it, make sure as far as reasonably practicable that you understand why it is relevant, and invite you to comment. “Non-disclosable information”, which the Act defines (for example information whose disclosure would be contrary to the national interest or the public interest, or would be a breach of confidence), does not have to be given to you. Section 58 says the invitation must say whether you may respond in writing, at an interview or by telephone, and within what period.

Source: Migration Act 1958 (opens in a new tab)

We do not describe how an interviewing officer judges credibility, because the sources we checked do not set that out and we will not guess. A registered migration agent or a free legal provider can explain how interviews work in practice.

Bridging visas

Staying lawfully while the application is decided.

Lodging an application does not mean every applicant holds the same visa, or can work, or stays lawfully in every circumstance. Read your own grant notification.

A bridging visa may be granted

Home Affairs says it may grant a bridging visa that lets you stay lawfully in Australia while the Protection visa application is processed, and that the type, and whether you can work, depend on a number of factors. Your grant notification shows what you hold.

Source: Home Affairs: Protection visa (866) (opens in a new tab)

Travel

Home Affairs says none of those visas lets you return to Australia if you leave, that you cannot apply for a Bridging visa B to travel, and that if you leave Australia for any reason while your application, or a review, is being processed, you may not be able to return.

Source: Home Affairs: Protection visa information (opens in a new tab)

Work conditions differ

For example, many Bridging visa E holders who have applied for a Protection visa have condition 8101 (“The holder must not engage in work in Australia”), but this depends on the person’s circumstances: the regulations (clause 050.613A) treat some people differently, and condition 8116 can be imposed only for a class of people the Minister has specified. Read your own grant notification.

Source: Migration Regulations 1994 (opens in a new tab)

An invalid application is different

Home Affairs says that if an application is invalid, for example because biometrics are not provided, a bridging visa granted on lodgement ends 35 days after the applicant is notified, and the person then becomes unlawful.

Source: Home Affairs: Protection visa (866) (opens in a new tab)

Bridging visa rights at a glance

Work

Bridging visa A (BVA)

Depends on the conditions on your visa; your grant letter says. You can apply for another BVA that lets you work, usually by showing financial hardship. You cannot be granted a new BVA that lets you work if your current BVA prevents or restricts work and either it was granted because you applied for judicial review, or you have applied for a Protection visa.

Bridging visa C (BVC)

The first BVC does not let you work unless the visa you applied for is one on Home Affairs’ list (which is made up of skilled, business and employer-sponsored visas; Protection is not on it). You can apply for another BVC that lets you work by showing financial hardship. For judicial review, a Protection visa applicant can only get a new BVC that lets them work if their last BVC did.

Bridging visa E (BVE)

Many Bridging visa E holders who applied for a Protection visa have condition 8101 (no work), but this depends on the person’s circumstances. The regulations (clause 050.613A) treat some people differently, and condition 8116 can be imposed only for a class of people the Minister has specified.

Study

Bridging visa A (BVA)

The Home Affairs pages we read do not set out a study rule. Check your grant notification and VEVO.

Bridging visa C (BVC)

The Home Affairs pages we read do not set out a study rule. Check your grant notification and VEVO.

Bridging visa E (BVE)

The sources we read do not set out a study rule. Check your grant notification and VEVO.

Medicare

Bridging visa A (BVA)

Home Affairs’ Protection visa page says to enrol in Medicare with your “Acknowledgement” letter and supporting documents. We found no separate rule for each bridging visa.

Bridging visa C (BVC)

As for the BVA: we found no separate rule for each bridging visa.

Bridging visa E (BVE)

As for the BVA: we found no separate rule for each bridging visa.

Travel

Bridging visa A (BVA)

If you leave Australia while it is in effect, it ends and you cannot return on it. To travel and return you would need a Bridging visa B first. Home Affairs says Protection visa applicants can no longer apply for a Bridging visa B to travel and return from 1 November 2026, and that Bridging visa B applications lodged before that date continue to be processed.

Bridging visa C (BVC)

If you leave Australia while it is in effect, it ends and you cannot return on it. Home Affairs says you cannot apply for a Bridging visa B if you hold a BVC.

Bridging visa E (BVE)

Home Affairs’ page for Protection visa applicants says that none of the bridging visas granted to applicants (A, C or E) allows you to return to Australia if you leave, and that you cannot apply for a Bridging visa B to travel. Check your own grant notification before any travel.

How to check yours

Bridging visa A (BVA)

Use VEVO to check whether your visa is in effect and what conditions it has.

Bridging visa C (BVC)

Use VEVO to check whether your visa is in effect and what conditions it has.

Bridging visa E (BVE)

Use VEVO to check whether your visa is in effect and what conditions it has.

Home Affairs’ Bridging visa E page (opens in a new tab) and VEVO (opens in a new tab) show your own conditions.

Bridging visas are granted on conditions that differ between people. This is a summary of what Home Affairs and the regulations say in general. Your own grant notification, and VEVO, decide what applies to you.

Work, Medicare and support

What may be available, and when.

An applicant’s current visa conditions are separate from what comes with a granted Protection visa. Do not assume the second applies during processing.

While your application is being processed

  • Medicare: Home Affairs says to enrol at a Medicare service centre, taking your acknowledgement letter and supporting documents, to access public healthcare.
  • If you have submitted a valid application, you might be able to get financial or other help from the Status Resolution Support Services (SRSS) program.
  • Work: depends on the conditions on your bridging visa, as above.

Source: Home Affairs: Protection visa (866) (opens in a new tab)

Once a Protection visa (866) is granted

  • You become a permanent resident and can live, work and study in Australia.
  • You can access government services such as Medicare and Centrelink, job matching, and short-term counselling for torture or trauma where required.
  • You can travel to and from Australia for 5 years, after which a Resident Return visa is needed to re-enter.
  • You can sponsor eligible family members for permanent residence through the offshore Humanitarian Program.
  • If eligible, you can become an Australian citizen. You can attend free English classes if eligible.
  • To receive an income you need a Tax File Number.

Source: Home Affairs: Protection visa (866) (opens in a new tab)

Possible outcomes

Grant, refusal, or an invalid application.

Grant

A visa grant notification letter, which tells you your visa grant number, when it was granted, your visa conditions if any, and information on ImmiCards, travel, living in Australia and support services. Keep a copy somewhere safe.

Source: Home Affairs: Protection visa (866) (opens in a new tab)

Refusal

A refusal notification letter telling you why the application was refused, your review rights with the Administrative Review Tribunal (ART), and the time limit for applying for review. Home Affairs says the application fee is not refunded.

Source: Home Affairs: Protection visa (866) (opens in a new tab)

After a final refusal

Home Affairs says that if a Protection visa application has been finally determined, the person does not engage Australia’s protection obligations and holds no other visa, they have no lawful right to stay and must leave, and that it will take steps to remove a person who does not depart voluntarily.

Source: Home Affairs: Protection visa (866) (opens in a new tab)

Home Affairs states that it refuses approximately 85% of Protection visa applications as they do not meet the requirements, and that applications from some nationalities have refusal rates close to 100%. This says nothing about any individual’s case, and it is not a prediction. Get advice before deciding anything. Home Affairs’ page (opens in a new tab) If you are worried about this, free advice is available: see the free legal help section.

Review

ART review and judicial review.

They are different processes with different questions and different time limits.

Merits review at the ART

The ART can review a refusal decision on its merits, in other words look again at whether it was the right decision. Home Affairs’ refusal letter sets out your review rights and the time limit.

Source: Home Affairs: Protection visa (866) (opens in a new tab), Our plain-language explanation

The ART fee

Home Affairs says that if you choose to have a refusal reviewed at the ART you will be required to pay a review fee, that the ART will not be able to conduct a review if you do not pay it, and that it is currently $1,863.50, indexed each year. The October 2026 regulations changed when the fee is paid. Our guide to those changes explains the fee, the waivers and the refunds.

Source: Home Affairs: Protection visa information (opens in a new tab), 2026 Measures No. 1 regulations (opens in a new tab)

Judicial review by a court

Judicial review is separate from merits review. A court looks at whether a decision was made lawfully, not at whether it was the best decision on the facts. Time limits are set by law and are strict. For an application to the Federal Circuit and Family Court of Australia (Division 2), the Federal Court or the High Court about a migration decision, the Act (sections 477, 477A and 486A) says 35 days from the date of the migration decision, which the court may extend in limited circumstances. Other courts and other decisions can differ, so get advice urgently.

Source: Migration Act 1958 (opens in a new tab)

Time limits

For an ART review application the Migration Act (section 347) says the application must be made within 28 days after the day you are notified of the decision, or within 14 days if you are in immigration detention on the day you are notified. The ART cannot extend that period. Check the date on your own decision notification straight away, and get advice early.

Source: Migration Act 1958 (opens in a new tab)

Review timeline and fees

  1. Day 0

    You are notified of the decision

    The ART time limit runs from the day you are notified of the decision. The court time limit (35 days) runs from the date of the migration decision, which can be earlier than the day you receive the letter. Home Affairs says the decision letter sets out your review rights with the ART.

    Source: Home Affairs: Protection visa (866), Migration Act 1958

  2. Within 28 days (14 if in immigration detention)

    Apply to the ART

    Section 347 of the Migration Act says the application must be made within 28 days after the day you are notified, or within 14 days if you are in immigration detention on that day. Section 347(5) says the ART cannot extend that period.

    Source: Migration Act 1958

  3. With the application

    Review fee, waivers and refunds

    For decisions made on or after 1 November 2026, regulation 4.31B sets the fee at 50% of the regulation 4.13(1) fee ($1,863.50 at commencement), payable with the application. The fee is not payable if the applicant is in immigration detention, or if the application is combined (under regulation 4.31A) with another application for which the fee is paid. The regulation says the whole fee must be refunded in listed cases, for example if the ART varies the decision, sets it aside, or remits it for reconsideration.

    Source: 2026 Measures No. 1 regulations, Migration Regulations 1994

  4. After you apply

    The ART review

    The ART reviews the decision. We could not load the ART’s own website when we prepared this page, so we do not describe its internal stages or timeframes here. The ART’s website has them.

    Source: Our plain-language explanation

  5. Within 35 days of the migration decision

    If you want to apply to a court

    For an application to the Federal Circuit and Family Court of Australia (Division 2), the Federal Court or the High Court about a migration decision, sections 477, 477A and 486A say 35 days from the date of the migration decision, even if the decision was invalid. The court may extend that period only if it is satisfied that this is necessary in the interests of the administration of justice. Other courts and other decisions can differ, so get advice urgently.

    Source: Migration Act 1958

These are the statutory limits and the fee rules in the sources we checked. We do not say how long the ART or a court will take, and we cannot say whether a review would succeed.

From 1 November 2026 the ART review fee for a protection decision is paid upfront, at 50% of the ordinary review fee, for decisions made on or after that date. Read our guide to the 2026 Migration Amendment changes.

For help with an ART review of a refusal, see our ART review service, and the official ART website (opens in a new tab).

Rights and responsibilities

What applicants and visa holders must do.

Keep the Department informed

While you are waiting, tell Home Affairs about changes to your name, phone, email, address or passport, your marital or de facto status, a pregnancy or the birth of a child, a death in your family, or a wish to withdraw.

Source: Home Affairs: Protection visa (866) (opens in a new tab)

Travel documents

Home Affairs recommends you do not use the passport or travel document issued by your country of nationality after a grant. It says that if you do, it may consider you are no longer in need of protection from that country and may cancel your visa.

Source: Home Affairs: Protection visa (866) (opens in a new tab)

Common misunderstandings

Clearing up seven common ideas.

Often assumed: Anyone who feels unsafe automatically qualifies.

In fact: The law asks specific questions: a well-founded fear of persecution for one of five reasons, or a real risk of significant harm. Feeling unsafe is not enough on its own.

Source: Migration Act 1958 (opens in a new tab)

Often assumed: Economic hardship alone establishes protection.

In fact: It is not one of the five reasons. The Act counts significant economic hardship that threatens a person’s capacity to subsist as an instance of serious harm only within persecution for a protected reason. For the complementary protection test, section 36(2A) lists specific kinds of significant harm, and economic hardship is not listed as a harm in itself.

Source: Migration Act 1958 (opens in a new tab)

Questions

Frequently asked questions.

What is an Australian Protection visa?

It is a visa for a person in Australia in respect of whom Australia has protection obligations: either because the person is a refugee, or because there is a real risk of significant harm if they are removed. The permanent Protection visa is subclass 866.

What is subclass 866?

The permanent Protection visa. Home Affairs says you become a permanent resident on the day it is granted, and can live, work and study in Australia. It is for people who arrived with a visa in effect and were immigration cleared, and who are not barred from applying.

Who can apply?

A person in Australia who arrived while holding a visa in effect, was immigration cleared, is not barred from applying, and has never held a 785, 449, 786 or 790 visa. They must also meet the legal test, and the identity, security, health and character requirements.

What is the difference between refugee protection and complementary protection?

The refugee test asks about a well-founded fear of persecution for one of five reasons. Complementary protection is a separate test about a real risk of significant harm as a necessary and foreseeable consequence of removal. It applies to a person who is not a refugee, and it does not require one of the five reasons.

Must I be in Australia to apply for subclass 866?

Yes. Home Affairs says you must be in Australia when you apply.

What kind of harm may be relevant?

For the refugee test, persecution involving serious harm and systematic and discriminatory conduct for one of five reasons. For complementary protection, significant harm: arbitrary deprivation of life, the death penalty, torture, cruel or inhuman treatment or punishment, or degrading treatment or punishment.

Does economic hardship qualify?

Not by itself. Significant economic hardship that threatens a person’s capacity to subsist is one example of serious harm, but only as part of persecution for one of the five reasons, involving systematic and discriminatory conduct.

What documents may I need?

Identity documents, answers about your claims, any evidence supporting them, relationship documents, and later character documents such as police certificates when the Department asks. Which apply depends on your circumstances.

Can I apply without every identity document?

Home Affairs says that if you cannot provide identity or travel documents, you should provide a statement with your application explaining why. It also says it is your responsibility to cooperate so identity checks can be completed.

Will I receive a bridging visa?

Home Affairs says it may grant a bridging visa so you can stay lawfully while your application is processed, and that a person who applies is granted a Bridging visa A, C or E depending on their circumstances. What you hold is shown in your grant notification.

Can I work while my application is being processed?

It depends on the conditions of the bridging visa you hold. Many Bridging visa E holders who applied for a Protection visa have condition 8101 (no work), but this depends on the person’s circumstances. Check your grant notification.

Can I access Medicare?

Home Affairs says that to access public healthcare while you are an applicant you enrol at a Medicare service centre with your acknowledgement letter and supporting documents. A granted Protection visa also gives access to Medicare.

How long does processing take?

Home Affairs says the process is complex and will take some time, and that it cannot give updates on processing status. It states no timeframe, so we give none. Responding to requests quickly can help.

What happens if my application is refused?

You are sent a refusal letter that explains why, your review rights with the ART and the time limit. Home Affairs says the application fee is not refunded, and that a person with no other visa who has no right to stay must leave.

Can I seek ART review?

Home Affairs says the refusal letter sets out your review rights with the ART. For a decision made on or after 1 November 2026, a review fee is payable with the application; earlier decisions follow the earlier rules, and waivers exist in some situations. The time limit is short: 28 days (14 if in immigration detention) under section 347 of the Act. See our guide to the October 2026 changes for how the fee, waivers and refunds work.

What is judicial review?

A court’s review of whether a decision was made lawfully. It is separate from the ART’s merits review and is not a second assessment of the facts. Time limits are strict: for example 35 days for the Federal Circuit and Family Court (Division 2), the Federal Court or the High Court (Act sections 477, 477A and 486A), which the court may extend only in limited circumstances.

Can family members be included?

Members of the family unit can be included. Home Affairs says you can add a spouse or de facto partner, or a dependent child, after you apply if they are in Australia, eligible, and your application has not been decided, using Form 1436. A child born after you apply and before a decision is taken to be included, unless the child is an Australian citizen at birth.

What happens after a Protection visa is granted?

You become a permanent resident, and can work, study, access services such as Medicare and Centrelink, and travel for 5 years. You must obey Australian laws, and condition 8559 applies to travel to the country from which you were granted protection.

What happens if my circumstances change?

Tell Home Affairs. It lists changes to your name, contact details, passport, marital or de facto status, a pregnancy or birth, and a death in the family, and says to correct mistakes using Form 1023.

What if I arrived without a valid visa?

Home Affairs says that if you entered without a valid visa or were not immigration cleared, you may only be eligible for a Temporary Protection visa (785) or a Safe Haven Enterprise visa (790), and cannot apply for the permanent Protection visa. Application bars may also apply.

Do the October 2026 changes affect the visa criteria?

No. They changed the ART review fee, the Bridging visa B, and conditions on some Bridging visa E grants. They did not change the criteria for the Protection visa. Our guide to the changes explains them.

Terms

Words used in this guide.

Refugee

A person who meets the definition in section 5H of the Migration Act, as explained above.

From: Migration Act 1958

Complementary protection

The separate test in section 36(2)(aa): a real risk of significant harm as a necessary and foreseeable consequence of removal.

From: Migration Act 1958

Persecution

Under section 5J, it must involve serious harm and systematic and discriminatory conduct, for one of five reasons.

From: Migration Act 1958

Well-founded fear

Under section 5J(1): fear of persecution for a protected reason, with a real chance of it on return, in all areas of the country.

From: Migration Act 1958

Significant harm

One of the five kinds in section 36(2A): arbitrary deprivation of life, the death penalty, torture, cruel or inhuman treatment or punishment, or degrading treatment or punishment.

From: Migration Act 1958

Receiving country

The country a person would be returned or removed to. The tests ask about conditions there.

Plain-language explanation by the editorial team.

Particular social group

A group defined by a shared characteristic, with the conditions in sections 5K and 5L.

From: Migration Act 1958

Effective protection measures

Protection available from the State or a controlling party that is willing and able to give it, accessible and durable (section 5LA).

From: Migration Act 1958

Immigration cleared

Home Affairs says you are immigration cleared when you enter at an airport or seaport, show a passport and a visa that is in effect, and leave the port with an officer’s permission.

From: Home Affairs: Protection visa (866)

Merits review

A fresh look at whether a decision was the right one. At the ART, it is the review the fee relates to.

Plain-language explanation by the editorial team.

Judicial review

A court’s review of whether a decision was lawful. It is separate from merits review.

Plain-language explanation by the editorial team.

Bridging visa

A visa that lets a person stay lawfully while another application or process is finished.

From: Home Affairs: Protection visa (866)

ImmiAccount

The online account used to lodge a Protection visa application and to see what the Department has asked for.

From: Home Affairs: Protection visa (866)

Free legal help

Specialist advice, state by state.

Home Affairs says free, confidential advice is available from specialist government-funded refugee and immigration legal providers. These are the providers it lists. Phone numbers are as each provider publishes them on its own website, read 2 November 2026. Services, eligibility and opening times are the provider’s own.

Australian Capital Territory

Legal Aid ACT

Website of Legal Aid ACT (opens in a new tab) →
New South Wales

Refugee Advice and Casework Service (RACS)

Website of Refugee Advice and Casework Service (RACS) (opens in a new tab) →
Northern Territory

Refugee Legal

Website of Refugee Legal (opens in a new tab) →

Home Affairs lists Refugee Legal for both the Northern Territory and Victoria. Its office is in Melbourne.

Queensland

Refugee and Immigration Legal Service (RAILS)

Website of Refugee and Immigration Legal Service (RAILS) (opens in a new tab) →
South Australia

Legal Services Commission of SA

Website of Legal Services Commission of SA (opens in a new tab) →
Tasmania

Tasmanian Refugee Legal Service

Website of Tasmanian Refugee Legal Service (opens in a new tab) →
Victoria

Refugee Legal

Website of Refugee Legal (opens in a new tab) →
Western Australia

Circle Green Community Legal

Website of Circle Green Community Legal (opens in a new tab) →

We could not load this website to confirm a phone number, so we do not give one. Use the website.

Home Affairs also says registered migration agents and Australian legal practitioners are the only people in Australia allowed to charge for migration advice. You can check an agent on the register of migration agents (opens in a new tab).

Talk to us

Would you like to talk through your circumstances?

You can contact our team to discuss your situation. You do not have to share details you are not ready to share. We cannot promise any outcome, and the decision is the Department’s.

Contact our teamBook a consultation

Related: the 2026 migration amendment changes · ART reviews

Official sources

Where this information comes from.

The law and Home Affairs’ guidance are listed separately. The explanation around them is ours.

The law

Home Affairs’ guidance

The Administrative Review Tribunal’s website is art.gov.au (opens in a new tab).

Published: 2 November 2026. Sources last checked: 2 November 2026. Review by our registered migration agent is pending. The law and Home Affairs’ pages can change.

This is general information, not legal or migration advice. It does not take account of your circumstances. Global Migrations is the trading name of Global Migration & Education Solutions (ABN 22 998 014 414); our registered migration agent is Ranbir Singh, MARN 1069570. We are not part of the Australian Government.