Protection - Subclass 886 Visa
The subclass 866 - Protection visa allows refugees and those who meet Australia’s complementary protection criteria to live, work and study permanently in Australia. To apply for this visa, you must be in Australia and have arrived on a valid visa
PERMANENT PROTECTION VISA REQUIREMENTS
Refugee or Otherwise Protected
To qualify for this visa, you must be a refugee. This means that if you returned to your home country, there is a real chance that you would suffer serious harm based on your race, religion, nationality, political opinion or membership of a particular social group.
You must also show that there is no safe area in your home country in which you can live, nor any other safe country in which you can live.
NOTE: If you are not a refugee, you may qualify for ‘complementary protection’ if you would suffer serious human rights abuses contrary to international law (for instance, torture or the death penalty) if returned to your home country.
Please see the attached Supplementary Fact Sheet for further information regarding who is deemed to be a ‘refugee’ or otherwise protected for the purposes of applying for this visa.
Other Requirements
You must also:
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be in Australia at the time that you lodge your application
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have arrived in Australia as the holder of a valid visa (unauthorised maritime arrivals may NOT apply for this visa)
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meet the relevant identity, health, character and security requirements
NOTE: In addition to the above, you must not be barred from lodging a permanent protection visa application, and you must not hold (and never have held) certain temporary humanitarian visas. Please refer to the attached Supplementary Fact Sheet for details of those who are ineligible to apply for this visa.
APPLICATION PROCESS
Stage 1: Preparation and Lodgement of Application >
We will prepare and lodge your visa application with the Department of Home Affairs (the DOHA) on your behalf. You must satisfy the criteria listed above, in particular the requirement to be a refugee or person otherwise entitled to Australia’s protection. This will involve providing detailed and truthful information regarding the basis of your fear of persecution in your home country, which should be supported by evidence where possible.
NOTE: We estimate that it may take several weeks to prepare and lodge your application, with the time taken largely dependent on how promptly you provide us with the necessary supporting information and documents. Please note that you must be in Australia at the time that we lodge your application.
Stage 2: After Lodgement >
After your application is lodged, you may be asked to attend an interview with an officer of the DOHA. You will be provided with an interpreter if needed, and you may also bring your authorised representative to the interview.
At this interview, you will be asked questions regarding your identity and your claim to be a refugee or protected person, as well as the details you have provided in your application. The DOHA will closely check your documents and all available information regarding the situation in your home country, to determine if you qualify for protection in Australia.
You will also be asked to provide biometrics for you and any family members included in your application. This includes a digital photograph of your face, and in some cases a scan of your fingerprints. If you refuse to allow the DOHA to collect this information, your application will be deemed invalid. The DOHA may waive this requirement if there are exceptional circumstances.
The DOHA will advise you when to complete your health examinations. Character and security checks must also be completed before a decision is made regarding your application, which can take a long time.
The length of time that it takes the DOHA to process your application is also dependent upon a number of other factors, including the complexity of your case, perceived risk factors and processing priorities. Please contact us for current information regarding likely timeframes for your application.
Stage 3: Decision >
You will be notified of the DOHA’s decision in writing.
Approval
Should the DOHA approve your application, you must be in Australia when your visa is granted. This is a permanent visa that allows you to stay indefinitely in Australia.
Your visa will be subject to a condition prohibiting you from travelling to the country from which you were granted protection. Should you wish to enter that country for any reason, you must first seek written permission from the DOHA, which will only be granted if there are compassionate or compelling circumstances.
Should you travel to the country from which you were granted protection without written approval, you will breach this condition, and the DOHA may cancel your visa.
If granted this visa, you will be eligible to apply for an ImmiCard, which is issued to those who cannot obtain a passport recognised by the Australian Government. It allows visa holders to provide evidence of their Commencement of Identity in Australia, which is required to enrol for certain services such as Medicare and Centrelink.
Refusal
If the DOHA refuses your application, and you held a valid visa when you entered Australia, you will be eligible to apply to the Administrative Appeals Tribunal (AAT) for a review of this decision. You must lodge your review application within 28 days.
This Fact Sheet contains general information only. We strongly recommend that you seek specific guidance from us that is relevant to your circumstances before taking any further action.
Do you have additional questions regarding the subclass 866 - Protection visa? Please feel free to contact us by email at admin@dojolegal.com.au, or by phone on +61 02 9138 0688 to arrange a paid consultation.