Subclass 866 — Protection Visa — immi.wiki

The Subclass 866 Protection visa is the primary permanent visa for persons who are in Australia and are found to be owed protection under Australia's international obligations. Protection may be granted on two grounds under s 36 of the Migration Act 1958:

• Refugee criterion (s 36(2)(a)): the applicant is a refugee as defined in the 1951 Refugee Convention (well-founded fear of persecution for a Convention reason: race, religion, nationality, membership of a particular social group, or political opinion)
• Complementary protection (s 36(2)(aa)): the applicant is not a refugee but faces a real risk of significant harm if removed (torture, cruel/inhuman/degrading treatment, arbitrary deprivation of life, or death penalty)

The Subclass 866 is an onshore protection visa — it is available only to persons who are already in Australia and who apply before being removed. Persons outside Australia seeking refugee protection are assessed for offshore humanitarian visas (Subclass 200, 201, 202, 203, 204).

• The applicant must be in Australia at the time of application
• The applicant must not be a citizen of the country in relation to which they claim protection
• The applicant must meet the refugee criterion (s 36(2)(a)) or the complementary protection criterion (s 36(2)(aa))
• Exclusions apply: persons who have committed war crimes, crimes against humanity, serious non-political crimes, or acts contrary to UN principles may be excluded from refugee status (Article 1F of the Refugee Convention)
• The applicant must not be assessed as a security concern under s 36(1C)
• Character requirements under s 501 apply and may result in refusal or cancellation

Protection visa applications are lodged via ImmiAccount. The applicant must provide a written statement and supporting evidence detailing their protection claims. The Department of Home Affairs conducts a primary assessment. If the primary decision is negative, the applicant may apply for review by the Administrative Review Tribunal (ART) (which includes the former Immigration Assessment Authority function for fast-track applicants).

Fast-track applicants (certain cohorts of unlawful maritime arrivals) have limited review rights under Part 7AA of the Migration Act — they are referred to the Immigration Assessment Authority (IAA) rather than the full ART.

The Subclass 866 is a permanent residence visa. After grant, the holder has unlimited work and study rights. Standard 5-year travel facility applies, but repatriating to the country of claimed persecution may constitute abandonment of refugee status. Travel documents (Convention Travel Document or Australian travel document) are available to protection visa holders who cannot access their national passport.