Australia Protection Visa (Subclass 866)
The Australian Protection Visa (Subclass 866) is a permanent visa that allows people who are in Australia and meet the protection criteria to remain in the country indefinitely. This visa grants the opportunity to live, work and study in Australia, as well as providing access to health services and social support.
Benefits of the Australia Protection Visa.
- Permanent residence in Australia.
- Right to work and study in Australia.
- Access to the public health system (Medicare).
- Possibility of sponsoring family members to join you in Australia.
- Access to social support services and settlement programs.
Requirements to apply for Australia Protection Visa
To be recognised as a refugee under Australian law, you must:
- You must be in Australia when you apply for this visa. If you are outside the country, please see here.
- Demonstrate that there is a real possibility of facing serious harm in your home country because of your profession, religion, nationality, political opinions, or other reasons. There must be persecution and a justified fear.
- Demonstrate that, as a necessary and foreseeable consequence of returning to your home country, you would be exposed to a real risk of significant harm.
The Protection visa Subclass 866 allows you to include family members in your application, provided they meet certain criteria and are also in Australia.
Steps to Apply for the Australia Protection Visa
- Initial Preparation and Eligibility Assessment: It is highly crucial to conduct a preliminary assessment with a professional to confirm whether you meet the eligibility criteria for this visa.
- Gathering Documentation: Gather all necessary supporting documents, including evidence of persecution, human rights reports, and witness statements.
- Completing the Application: Complete the SC866 Protection Visa application form accurately, in detail, and clearly.
- Submitting the Application: Submit the application to the Immigration Department along with the required documentation.
- Bridging Visa: Receive a bridging visa that allows you to remain in Australia while your application is being processed.
- Protection Interview: Prepare for and attend the protection interview if required. This interview is an opportunity to provide additional details and answer questions about your case.
- Responding to Requests for More Information: Be prepared to respond to any additional requests for information from the Immigration Department.
- Waiting for the Decision: Wait for the Department’s decision on your application. This time may be extended and depends on several factors.
- Appeal (if necessary): If your application is rejected, you can appeal the decision to the Administrative Appeals Tribunal (ART).
Circumstances that would not qualify for the Protection visa Subclass 866
There are specific situations in which a person would not be eligible for the Protection Visa Subclass 866. Some of these circumstances include:
- Economic reasons: Those seeking to migrate for economic reasons, such as an improved financial situation or better employment opportunities, do not qualify as refugees.
- General conflicts: Individuals fleeing only generalized violence or armed conflict without demonstrating individualized persecution would not be considered eligible.
- Natural disasters: Those who leave their country of origin due to natural disasters, such as earthquakes, hurricanes, or floods, do not meet the visa criteria.
- Lack of evidence of persecution: Applications that fail to demonstrate a real and well-founded risk of persecution based on race, religion, nationality, social group or political opinion would not be approved.
- Health reasons: Fleeing for health reasons or seeking better medical care, without a threat of persecution, is not sufficient to qualify.

Waiting times for the Protection visa Subclass 866
The waiting time for protection visa interviews and processing is currently long. Today, the waiting time for an interview is aligned with the visa processing time, which depends on multiple factors. Although the Department of Immigration website no longer provides a clear indication as it once did, in our experience, cases are taking 3-4 years to be scheduled for an interview. This waiting period is considerably long compared to other types of Australian visas, such as sponsorship or partner visas, which can be processed in a matter of weeks or months.
One of the main reasons why the waiting time for protection visa interviews can stretch for years is that many applications are poorly drafted and submitted, either because applicants choose to do it on their own or with the help of migration agents who do not specialise in protection visas. In addition, the increase in the number of waiting cases has increased processing times.
In 2024, the Immigration Department announced that it will invest more resources to speed up the processing of these visas and, most importantly, implement strategies to identify fraudulent applications from the beginning, thus avoiding adding more burden to the processing of legitimate cases. For this reason, it is essential that the filing of a protection visa case is done correctly and completely from the beginning.
How can we help you?
Our team of migration experts has years of experience in handling protection applications. We offer:
- Detailed eligibility assessments.
- Assistance in preparing and submitting your application.
- Representation and support throughout the process.
- Advice on your rights and obligations in Australia.
If you need guidance on how to begin your application process for the Protection Visa Subclass 866, contact us today for an initial consultation.
Frequently Asked Questions (FAQ)
Yes, you can include certain family members in your application, provided they are in Australia at the time of application.
If your application is rejected, you can appeal the decision to the Administrative Appeals Tribunal (ART). We have specialists who can assist you in this process.
Yes, it is possible to apply for other visas while you wait for a response on your Protection Visa application. However, options are limited and there are important considerations to keep in mind. If you have a Bridging Visa associated with your Protection Visa application, your eligibility to apply for another type of visa may be restricted due to specific conditions attached to your current status. These conditions may limit your ability to submit new visa applications while in Australia.
Yes, in most cases applicants are eligible for a Bridging Visa which allows them to work without restrictions while awaiting a decision on their application.
Documentary evidence is required to support your claim, such as medical reports, witness statements, human rights reports and any other relevant evidence demonstrating the risk in your home country.
Yes, it is possible to apply for a SC866 protection visa even if you are in an irregular situation in Australia. However, it is important to be aware of any additional conditions and limitations that may apply in such cases, and it is recommended that you seek professional advice to ensure that your application is properly submitted.