Protection Visa Australia (Subclass 866) Requirements & How to Apply
Last updated 2 November 2026.
The Protection visa (subclass 866) is a permanent visa for people who arrived in Australia on a valid visa and need asylum. The application charge is AUD 50, and Home Affairs does not publish a processing time for it.
Key takeaway: from 1 November 2026, people waiting for a Protection visa decision cannot get a Bridging visa B to travel overseas and return. See the update section below.
Protection visa 866 at a glance
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Visa type: permanent visa. You become a permanent resident on the day the visa is granted.
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Application charge: AUD 50.00, paid online in ImmiAccount.
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Processing time: not published by Home Affairs.
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Who it is for: people who arrived in Australia on a valid visa and engage Australia's protection obligations.
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Where you apply: online through ImmiAccount, from inside Australia.
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Family members: members of the same family unit can be included if they are in Australia and eligible.
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Travel after grant: 5 years of travel, then a Resident Return visa (subclass 155 or 157).
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Work and study: permitted, permanently.
What changed from 1 November 2026
Three changes affect Protection visa applicants and people who ask the ART to review a refusal. They come from the Migration Amendment (2026 Measures No. 1) Regulations 2026.
No Bridging visa B for Protection visa applicants
Home Affairs states that from 1 November, people waiting for a Protection visa decision cannot get a Bridging visa B (BVB) to travel outside Australia and return. It says it will still process BVB applications lodged before 1 November. If your BVB travel facility has expired, you cannot apply for another BVB or ask for permission to travel.
The regulations also stop a person with a Protection visa application, including one seeking merits or judicial review of a refusal, from making a valid BVB application or being granted a BVB. The Explanatory Statement says a person in this position who leaves Australia will not be able to re-enter.
Upfront ART fee for protection reviews
For reviewable protection decisions made on or after 1 November 2026, the application to the Administrative Review Tribunal (ART) must come with a fee. The fee is 50% of the migration review fee, which the Explanatory Statement sets at AUD 1,863.50 at commencement, with annual indexation.
No fee applies if the applicant is in immigration detention, or if the review is combined with another application whose fee was paid. A full refund applies in specified cases. Details are in the refusal section below.
Conditions on some Bridging visa E grants
The Minister may now impose condition 8564 (must not engage in criminal conduct) and condition 8566 (must follow the code of behaviour, where one has been signed) on certain Bridging visa E (BVE) grants. These conditions are discretionary. They are not automatic for every BVE holder.
Read the full update on the new Bridging visa B rule for Protection visa applicants.
What is the Protection visa (subclass 866)?
The Protection visa (subclass 866) lets a person stay in Australia permanently if they arrived on a valid visa, want to seek asylum and engage Australia's protection obligations. Home Affairs grants it only when the person also meets all other requirements for the visa.
Australia's protection obligations apply if you are a refugee, face a real risk of significant harm if returned to your home country, or are a member of the same family unit as a person who meets these criteria.
What the visa is for, and what it is not for
Home Affairs says the visa is for people at real risk of significant harm or persecution in their home country. It says the visa is not for people who just want to stay longer in Australia to work.
It also says Protection visa applications are decided much faster than in previous years. That means a quicker grant for people in need and a quicker refusal for people who are not eligible.
Why accuracy matters before you lodge
Home Affairs warns that lying in a Protection visa application is a serious offence. It also warns that a refused application stays on your immigration record, can affect future Australian visa options for you and your family, and means you will not be able to apply for most other Australian visas. Home Affairs strongly encourages you to get advice from a registered migration agent or an Australian legal practitioner before you apply.
Who can apply for a Protection visa 866?
You can apply if you meet all of the criteria below. Home Affairs checks each one.
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Arrived in Australia holding a visa that was in effect, and were immigration cleared on arrival. 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 the permission of an Australian Border Force officer. If your visa is cancelled or you are detained on arrival, you have not been immigration cleared.
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Are a refugee or meet the complementary protection criteria, or are a member of the same family unit as someone who does.
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Meet the identity requirements. Home Affairs may ask for identity documents and biometrics (fingerprints and a facial photograph).
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Are not barred from lodging a permanent protection visa application. You are barred if you have been refused a Protection visa, or had one cancelled, since your last arrival in Australia. The Minister can lift a bar if it is in the public interest.
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Have never 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).
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Meet the security requirements.
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Meet the health requirements. Examinations are done by Bupa Medical Visa Services. Home Affairs gives you a health identifier (HAP ID) after you lodge.
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Meet the character requirements.
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If you are 18 or older, sign the Australian values statement after reading, or having explained to you, the Life in Australia booklet.
Who cannot make a valid application
You cannot make a valid application for the 866 if you:
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are an unauthorised maritime arrival
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were not immigration cleared on your last entry to Australia
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have been refused a Protection visa since your last arrival in Australia, unless the Minister lifts the bar
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have had a Protection visa cancelled since your last arrival in Australia, unless the Minister lifts the bar
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hold or have held a visa of subclass 785, 449, 786 or 790
Meeting these criteria does not guarantee a grant. Home Affairs assesses each application against Australia's protection obligations.
Refugee protection vs complementary protection
There are two legal tests for protection. A person can succeed under either one. Both come from the Migration Act 1958.
Refugee protection
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Core test: a well-founded fear of persecution if you are returned.
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The persecution must relate to race, religion, nationality, membership of a particular social group or political opinion.
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The harm must be serious and involve systematic and discriminatory conduct.
Complementary protection
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Core test: substantial grounds for believing there is a real risk of significant harm if you are returned.
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No link to a particular ground is needed.
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Significant harm means arbitrary deprivation of life, the death penalty, torture, cruel or inhuman treatment or punishment, or degrading treatment or punishment.
For both tests, whether you can get protection from authorities in your country, or live safely in another part of it, can affect the outcome. Different legal tests apply to each.
LGBTIQ+ Protection Visa in Australia for Sexual Orientation and Gender Identity Claims
You can apply for a Protection visa if you fear harm because of your sexual orientation, gender identity or intersex status, including harm linked to a same-sex relationship. Home Affairs assesses these claims under the same protection criteria as any other claim. Being LGBTIQ+ does not by itself establish eligibility, and all other visa requirements still apply.
How Home Affairs assesses these claims
Home Affairs guidance for decision makers says claims based on sexual orientation or gender identity are commonly assessed under the refugee test, through membership of a particular social group. These claims can also overlap with other grounds, such as a political opinion or religion that others impute to you.
If the refugee test is not met, Home Affairs must also consider whether there is a real risk of significant harm under the complementary protection test. The guidance is a procedural instruction released under the Freedom of Information Act in 2022.
Can you be expected to hide your sexual orientation or gender identity?
No. When Home Affairs assesses a well-founded fear of persecution, the law does not require you to avoid persecution by changing your sexual orientation or gender identity, or by concealing your sexual orientation, gender identity or intersex status (Migration Act, section 5J(3)). Other protection and visa requirements still apply.
What evidence can support your claim?
Home Affairs guidance accepts that these claims often rest mainly on your own account. There is often little objective evidence, and many people have hidden their identity for years. Evidence that can help includes:
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emails, texts, chat transcripts, phone records or social media about past or present relationships
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photographs
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statements from past or present partners
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a witness who can speak to your claims
You never need to provide evidence of intimate acts. The guidance says officers must not request explicit photographs or films, and that not providing them has no bearing on the decision.
What Home Affairs guidance says about common concerns
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Being married, having been married or having children does not by itself mean a claim is false.
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Having had no relationships does not mean you are not LGBTIQ+.
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Sexual orientation and gender identity are not always fixed, and some people recognise them later in life.
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If you raise a claim late, you should have the chance to explain why. A delay should not be the only reason to reject a claim.
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Demeanour is an unreliable indicator of credibility. Hesitation can reflect how hard these claims are to talk about.
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Gender identity is not the same as sexual orientation. A transgender applicant who has had no medical treatment or surgery should not be treated as less credible for that reason.
What happens at the interview?
Home Affairs guidance says interviews for these claims should take place in a safe and supportive environment. Officers should not ask for details of sexual activity. If you have sensitive claims on a combined application, a separate interview may be needed, and you can ask to receive correspondence at a separate address. Tell Home Affairs early if you do not want other family members to see your claims.
If you ask for an interpreter of a particular gender, the guidance says every effort should be made to meet the request.
How harm and protection are weighed
The guidance says discriminatory laws alone, such as a ban on same-sex marriage, generally do not amount to persecution. Criminalisation of same-sex conduct can amount to serious harm or significant harm, depending on how the law is enforced and how severe the punishment is.
Harm from family members or the community can also count. Home Affairs then looks at whether the authorities can and will protect you, and whether you could live safely in another part of your country.
Claims that arise after you arrive in Australia
Home Affairs considers your conduct in Australia, such as activism or social media activity, only if you did not do it solely to strengthen your protection claim (Migration Act, section 5J(6)).
These claims depend on detailed personal evidence. Speak to a registered migration agent before you lodge: book a free consultation.
What documents do you need for a Protection visa application?
You attach documents to your application in ImmiAccount. Home Affairs can decide using only the information you provide when you lodge, so include everything relevant.
Identity documents
Provide colour scans or photos of original and translated documents, such as:
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all pages of current or expired passports, including the biodata page
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birth certificate
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national identity card
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driver's licence
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proof of any change of name, such as a marriage or divorce certificate
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any other document that supports your identity, nationality or citizenship
If you cannot provide these items, attach a statement explaining why you have no travel or identity documents.
Your claims for protection
You must answer every question about your claims on the application form. Home Affairs suggests you think about:
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which country you are seeking protection from, why you left it and why you cannot return
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what harm you have experienced, who caused it, and what you fear would happen if you returned
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whether there is an area where you would not be harmed, and whether the authorities can protect you
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when you left your home country and how you got to Australia
Supporting evidence
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documents or evidence that support your claims
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relationship documents for each person in the application, such as birth and marriage certificates, financial documents for de facto relationships, and evidence that dependants over 18 are dependent on you
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a copy of any visas or residence permits held by you and each person included
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military service records, if you or anyone included served in the armed forces of any country
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police certificates from each country where you lived for 12 months or more in the past 10 years, after you turned 16, other than the country you are claiming protection from. Do not arrange police certificates until Home Affairs asks.
Translation and certification
Translate non-English documents into English and provide both the original and the translation. You do not need to have documents certified. Translators in Australia must be accredited by NAATI.
Getting help
Only a registered migration agent, a legal practitioner or an exempt person can give immigration assistance. Home Affairs also lists free legal help for Protection visa applicants. To appoint someone, use Form 956 (migration agent, legal practitioner or exempt person) or Form 956A (authorised recipient). RACC's registered migration agents can review your situation before you lodge: book a free consultation.
How much does a Protection visa cost, and how long does it take?
The application charge for the Protection visa (subclass 866) is AUD 50.00. Home Affairs does not process the application until the fee is paid. Check the current charge in ImmiAccount before you lodge.
Other costs can apply, such as health examinations, translations and fees for a migration agent or lawyer. These are separate from the government charge.
Processing time
Home Affairs says processing times for subclass 866 are unavailable. It also says Protection visa applications are decided much faster than in previous years. How long yours takes depends on your individual application.
Home Affairs cannot give status updates on an application. You can check ImmiAccount to see whether it needs more information from you.
How to apply for a Protection visa (subclass 866), step by step
These steps follow the Home Affairs step by step guide for the Protection visa.
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Check you are eligible, and decide whether to apply yourself or get someone to act for you. Free legal advice is available.
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Gather your documents, including identity documents, your claims for protection and supporting evidence.
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Complete the online application. Tell the truth, and include every detail so there are no gaps in your education, work, travel, relationship and address history. If a migration agent completes the form, read and understand it before you sign. Never sign blank pages.
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Lodge the application in ImmiAccount and pay the fee. Keep your Transaction Reference Number (TRN). You can agree to email communication in the form, which Home Affairs says is its fastest method. Form 1193 changes this after you apply.
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After you apply, wait for the acknowledgement letter, then complete health examinations, biometrics and an interview if requested.
Health examinations and biometrics
Home Affairs tells you when to arrange health examinations and gives you a HAP ID. You and any family members in Australia included in your application must give biometrics. If you do not, your application is invalid. A bridging visa granted when you applied ends 35 days after you are told the application is invalid, and you then become unlawful.
The interview
Home Affairs contacts you if it needs an interview, and most are held by videoconference. Make every reasonable effort to attend. If you do not attend, Home Affairs can decide using the information it has. An officer may also decide your application with no interview, so give all claims and evidence when you lodge.
Bridging visa, work rights and travel while you wait
Home Affairs may grant a bridging visa that lets you stay lawfully in Australia while your application is processed. The type of bridging visa, and whether you can work, depend on a number of factors.
Can you work while you wait?
It depends on the conditions of your bridging visa. Check your grant notice and VEVO before you start work. Working in breach of a condition can put your visa at risk. For when a Bridging visa A takes effect and what its conditions mean, read our guide.
Can you travel while you wait?
Not on a Bridging visa B. From 1 November 2026, people waiting for a Protection visa decision cannot get one, and the Explanatory Statement says a person who leaves Australia in this situation will not be able to re-enter. Home Affairs also states that leaving Australia while another type of bridging visa is in effect ends that bridging visa.
If you become unlawful
A person who is unlawful may be able to apply for a Bridging visa E. Under the 1 November 2026 changes, the Minister may impose conditions 8564 and 8566 on some BVE grants. Get advice early if your status is at risk.
What happens if your Protection visa is refused?
If Home Affairs refuses or cancels a Protection visa, you may be able to apply to the Administrative Review Tribunal (ART). Your decision letter states whether the decision can be reviewed, who can apply and the deadline. ART guidance gives 28 days for most migration and protection decisions, or 7 days if you are in immigration detention. Always use the date in your letter. For the general process after any refusal, see our visa refusal guide.
ART fee for a Protection visa review
Decisions made before 1 November 2026: the fee is not payable when you lodge. It is payable only if the review is unsuccessful, and it is AUD 2,293 from 1 July 2026, per the ART fee notice.
Decisions made on or after 1 November 2026: the fee is payable when you lodge. It is 50% of the migration review fee, which is AUD 1,863.50 at commencement and indexed annually, per the Explanatory Statement.
The fee must accompany the application. If you do not pay it and have no waiver, you cannot access review. When we checked on 2 November 2026, the ART fees page had not been updated to describe the upfront fee, so confirm the amount with the ART before you pay. We explain the exemptions, refunds and transition rules in our guide to the upfront ART fee for protection reviews.
Who does not pay, and refunds
No fee applies if you are in immigration detention, or if your application is combined with another application whose fee was paid. The fee is refunded in full if:
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you are not entitled to apply, or the decision is not reviewable
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the ART varies the decision, sets it aside and substitutes a new decision, or remits it for reconsideration
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the Minister issues a conclusive certificate, or substitutes a decision that is favourable to you
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the application is withdrawn because the applicant has died
Reviews of decisions made before 1 November 2026 continue under the old rules.
Other consequences of a refusal
Home Affairs warns that a refusal stays on your immigration record and can affect future visa options in Australia and other countries. People seeking review or judicial review of a Protection visa refusal also cannot get a Bridging visa B from 1 November 2026.
What can you do with a Protection visa?
A Protection visa holder can live, work and study in Australia permanently. Home Affairs lists these entitlements:
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access government services such as Medicare and Centrelink
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sponsor eligible family members for permanent residence through the offshore Humanitarian Program
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travel to and from Australia for 5 years
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become an Australian citizen if eligible, after a certain time
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attend free English language classes if eligible
For citizenship purposes, your permanent residence starts on the day Home Affairs grants the visa.
Travel after the visa is granted
You can leave and re-enter Australia as many times as you like for 5 years from the grant date. After that you need a Resident Return visa (subclass 155 or 157) to return as a permanent resident. If the travel facility expires while you are overseas, you must be granted a Resident Return visa before you can return.
Home Affairs recommends you do not use a passport or travel document issued by your country of nationality. If you do, it may consider that you no longer need Australia's protection and may cancel your visa.
Condition 8559: travel to the country you were granted protection from
Travel condition 8559 applies to this visa. You must not enter the country or countries from which Home Affairs granted you protection unless it approves the entry in writing before you travel. It gives approval only where there are compassionate or compelling circumstances. Entering without approval, even briefly, breaches the condition and may lead to cancellation of your visa and your family members' visas.
To ask for approval, use Form 1463, Request for approval to travel under visa condition 8559. You must ask every time you intend to travel to that country. The form gives examples such as caring for a seriously ill or dying close relative and attending a close relative's funeral. Home Affairs generally needs at least 4 weeks to process a request, and it advises you not to buy tickets before it decides.
Support and documents
You may be able to get Services Australia payments, job matching, Medicare and short-term counselling for torture or trauma. You can get an ImmiCard to prove your visa, and you use VEVO to show your visa conditions. To receive income in Australia you need a Tax File Number.
Common mistakes and myths about the Protection visa
Myth: a Protection visa is a way to stay longer and work
Reality: Home Affairs says the visa is for people who need asylum, not for people who want to stay longer to work. It refuses applicants who do not meet the criteria quickly, and a refusal stays on your immigration record.
Myth: I can still get a Bridging visa B to travel while I wait
Reality: from 1 November 2026, people waiting for a Protection visa decision cannot get a Bridging visa B. This includes people seeking review or judicial review of a refusal.
Myth: I can add my claims at the interview
Reality: Home Affairs can decide using only the information you give when you lodge. An officer may decide with no interview. Include all claims, documents and evidence in the application.
Myth: a review of a refusal costs nothing upfront
Reality: that was the old rule. For decisions made on or after 1 November 2026, the ART application must come with a fee of AUD 1,863.50, unless a waiver applies.
Mistake: arranging police certificates too early
Home Affairs says not to arrange police certificates until it asks for them. It also asks for a certificate from each country where you lived for 12 months or more in the past 10 years after you turned 16, other than the country you are claiming protection from.
Mistake: giving false or incomplete information
Home Affairs warns that false claims or documents are a serious offence and can lead to large fines or jail. It may question your credibility and refuse the application if you give incorrect information on purpose.
Other questions applicants ask
Can you apply for a Protection visa on a Visitor visa?
Yes, if you arrived on a valid visa, were immigration cleared and meet the other requirements. This includes people on a Visitor visa. Conditions such as 8503, 8534 or 8535 do not, by themselves, require a waiver before you can apply for a Protection visa, but other application restrictions may still apply (Form 1447). If your visa is about to expire, get advice first so you understand how to stay lawful.
Can you include family members?
Members of the same family unit may apply together on the same application. They must be in Australia at the time of application and eligible to apply for the visa. Family members include a spouse or de facto partner, dependent children and certain other dependent relatives. Each included person must meet the health, character and security requirements, and those in Australia give biometrics.
Frequently asked questions
What is a Protection visa (subclass 866)?
The Protection visa (subclass 866) is a permanent visa for people who arrived in Australia on a valid visa and want to seek asylum. It applies if you engage Australia's protection obligations and meet all other requirements, including health, character and security.
How much does a Protection visa cost?
The application charge for the Protection visa (subclass 866) is AUD 50.00. Home Affairs does not process the application until you pay it. Health examinations, translations and professional fees are separate costs.
How long does a Protection visa take?
Home Affairs does not publish a processing time for subclass 866. It says Protection visa applications are decided much faster than in previous years. Timing depends on your individual application, and Home Affairs cannot give status updates.
Can I travel while I wait for a Protection visa decision?
Not on a Bridging visa B. From 1 November 2026, people waiting for a Protection visa decision cannot get one, and the Explanatory Statement says a person in this position who leaves Australia will not be able to re-enter. Get advice before making travel plans.
Can I work while I wait for a Protection visa decision?
It depends on your bridging visa conditions. Home Affairs says the type of bridging visa and work rights depend on a number of factors. Check your grant notice and VEVO before you start work.
What are the new Protection visa rules from 1 November 2026?
Three changes apply. People waiting for a Protection visa decision cannot get a Bridging visa B. Reviews of protection decisions made on or after 1 November 2026 need an upfront ART fee of AUD 1,863.50. The Minister may impose conditions 8564 and 8566 on some Bridging visa E grants.
What is the success rate for a Protection visa?
Home Affairs does not list a success rate on its subclass 866 page. It assesses each application individually against Australia's protection obligations, and says it quickly refuses applicants who do not meet the criteria.
What happens if my Protection visa is refused?
You may be able to apply to the Administrative Review Tribunal. Your decision letter states whether you can apply and the deadline. For decisions made on or after 1 November 2026, the fee is AUD 1,863.50 upfront, with waivers and refunds in some cases. A refusal stays on your immigration record.
Can I include family members in my Protection visa application?
Yes. Members of the same family unit can apply on the same application if they are in Australia at the time of application and are eligible to apply for the visa.
Do I need a migration agent or lawyer?
The law does not require you to use one. Home Affairs strongly encourages you to get advice from a registered migration agent or an Australian legal practitioner before you apply, and it lists free legal help for Protection visa applicants.
Official sources
Pages opened and checked on 2 November 2026:
This page is general information and not migration advice. Speak to a registered migration agent about your circumstances. RACC migration agents: MARN 1572961, MARN 1172003.
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