Protection Visa Australia (Subclass 866) Requirements & How to Apply
Last updated 11 Sep 2026
The Protection visa (subclass 866) is a permanent visa for people who arrived legally in Australia and engage Australia's protection obligations. It may be available if you face a real risk of significant harm or a real chance of persecution if returned to your home country. The current visa application charge is AUD 50. Home Affairs does not currently publish a processing timeframe for this visa.
Protection visa 866 at a glance
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Visa type: Permanent residence, if granted.
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Application charge: Home Affairs lists AUD50. Check the current charge before applying.
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Processing time: Home Affairs does not currently publish a standard processing estimate for subclass 866.
What Is a Protection Visa (Subclass 866)?
The Protection visa (subclass 866) is a permanent visa for people in Australia who engage Australia's protection obligations.
Australia's protection obligations may 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.
For refugee claims, persecution may relate to a person's race, religion, nationality, membership of a particular social group or political opinion.
A Protection visa is specifically intended for people who genuinely need asylum in Australia. Home Affairs states that it should not be used simply as a way to remain in Australia longer for work.
You can read more about Australia's protection obligations on the Department of Home Affairs website.
Am I Eligible for a Protection Visa (Subclass 866)?
You may be eligible for a Protection visa (subclass 866) if you are in Australia and your circumstances engage Australia's protection obligations.
According to the Department of Home Affairs, you may meet the protection criteria if:
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you are a refugee; or
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there is a real risk that you will suffer significant harm if you are removed from Australia to another country; or
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you are a member of the same family unit as a person who meets the relevant protection criteria.
For refugee claims, the risk of persecution must relate to at least one of the following reasons:
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race;
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religion;
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nationality;
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membership of a particular social group; or
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political opinion.
To apply for a Protection visa (subclass 866), you must be in Australia, have arrived in Australia on a valid visa, and have been immigration cleared on arrival.
Meeting these circumstances does not automatically mean that a Protection visa will be granted. The Department of Home Affairs assesses each application individually against Australia's protection obligations and all other applicable visa requirements.
You can read the Department of Home Affairs guidance on Australia's protection obligations for the official criteria.
What Documents Are Required for a Protection Visa?
Your identity, nationality and citizenship information are important parts of a Protection visa application. Home Affairs uses this information when assessing protection claims and completing character and security checks.
Depending on your circumstances, identity evidence may include:
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current or expired passports;
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birth certificates;
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national identity cards;
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driver's licences;
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military or official service documents;
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marriage or divorce certificates;
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education records;
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employment records; and
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family books.
Other supporting evidence may also be relevant, including household bills, family photographs or registration documents from other countries or the United Nations High Commissioner for Refugees (UNHCR).
You must provide genuine information and documents. Home Affairs may refuse an application where requested identity evidence is not provided without a reasonable explanation or where bogus identity documents are provided without a reasonable explanation and the relevant requirements are not subsequently satisfied.
You will be asked to provide certified copies of identity documents when submitting a Protection visa application. However, documents submitted online through ImmiAccount do not need to be certified. If your documents are not in English, you should also provide certified English translations from a NAATI-accredited translator.
See the Home Affairs identity requirements for Protection visa applicants for further information.
2026 Update: Protection Visa Applications Are Under Stronger Scrutiny
The Department of Home Affairs has stated that Protection visas are for people who genuinely need asylum in Australia because they face persecution or a real risk of significant harm in their home country.
A Protection visa is not intended for people who simply want to stay longer in Australia to work, study, or remain after another visa pathway becomes difficult.
Home Affairs has also stated that changes have been made to process Protection visa applications faster. This may mean faster outcomes for genuine asylum seekers, but also faster refusals for applicants who do not meet the legal criteria.
Before applying, applicants should understand the consequences of lodging an incorrect or unsupported claim. A refused Protection visa application can remain on a person’s immigration record and may affect future visa applications for Australia or other countries.
How Much Does a Protection Visa Cost?
The current Protection visa (subclass 866) application charge is AUD 50.
Visa application charges can change. The amount payable depends on the charge that applies when Home Affairs receives the application, and payment surcharges may also apply depending on the payment method.
Before lodging your application, check the current visa fees and charges published by the Department of Home Affairs.
How Long Does a Protection Visa Take to Process?
Home Affairs does not currently publish a standard processing timeframe for the Protection visa (subclass 866) in its visa processing times guide.
The Department states that most new Protection visa applications are now decided much faster than in previous years. Home Affairs has reported that most new applications are being decided almost eight times faster compared with recent years.
However, this does not mean every application will receive a decision within the same timeframe.
Visa processing times can vary depending on factors such as the completeness and complexity of an application, how quickly requested information is provided and how long required health, character or national security information takes to obtain.
You can check the latest visa processing information from Home Affairs for current information.
How to Apply for a Protection Visa (Subclass 866)
Before applying for a Protection visa, make sure you understand whether this visa is appropriate for your circumstances. Protection visas are for people who genuinely need Australia's protection and should not be used simply to extend a stay in Australia.
1. Check whether you may meet the protection criteria
Consider whether your circumstances may engage Australia's protection obligations. This may include being a refugee or facing a real risk of significant harm if returned to your home country.
2. Prepare your identity and supporting documents
Gather genuine documents relating to your identity, nationality and citizenship, together with evidence relevant to your protection claims.
3. Complete your application
Protection visa applicants should provide complete and accurate information about their circumstances and protection claims.
4. Lodge your application and pay the applicable charge
Follow the current Home Affairs application process and pay the applicable visa application charge.
5. Respond to requests from Home Affairs
Home Affairs may request further information or evidence while assessing your application. Responding promptly and providing complete information can help avoid unnecessary delays.
Because the consequences of lodging an inappropriate or false Protection visa application can be serious, Home Affairs strongly encourages prospective applicants to obtain appropriate advice before applying.
You can review the official Protection visa application information from Home Affairs before starting an application.
Who Cannot Apply for a Protection Visa Subclass 866?
You cannot apply for a Protection visa Subclass 866 from outside Australia. You must be in Australia when you apply.
You must also have arrived in Australia legally while holding a valid visa and have been immigration cleared on arrival.
The following circumstances can affect whether you are eligible for subclass 866 or can make a valid application:
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were an unauthorised maritime arrival
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were not immigration cleared on their last entry to Australia
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have been refused a Protection visa since their last arrival in Australia
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have had a Protection visa cancelled since their last arrival in Australia
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currently hold or have previously held certain humanitarian or temporary protection visas, including Temporary Protection (subclass 785), Temporary Safe Haven (subclass 449), Temporary (Humanitarian Concern) (subclass 786), or Safe Haven Enterprise (subclass 790).
Eligibility depends on individual circumstances and should be assessed carefully before lodging an application.
Refugee vs Complementary Protection: What Is the Difference?
Refugee protection concerns persecution linked to a protected ground. Complementary protection concerns a real risk of significant harm without requiring that link. Both can support a Protection visa (subclass 866), provided all other visa requirements are met.
Refugee Protection
You must have a well-founded fear of persecution because of your:
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Race
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Religion
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Nationality
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Political opinion
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Membership of a particular social group
There must be a real chance of persecution if you return. The persecution must involve serious harm and systematic and discriminatory conduct.
Complementary Protection
If you do not meet the refugee definition, you may still qualify if there are substantial grounds for believing you would face a real risk of significant harm on return.
Significant harm includes:
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Arbitrary deprivation of life
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The death penalty
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Torture
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Cruel or inhuman treatment or punishment
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Degrading treatment or punishment
The risk does not need to relate to one of the five refugee grounds.
For both categories, available protection from authorities and relocation within your country can affect eligibility. Different legal tests apply.
LGBT Protection Visa in Australia: Sexual Orientation and Gender Identity
Claims involving sexual orientation or gender identity may be assessed under Australia’s refugee protection criteria, commonly through membership of a particular social group. Being LGBTQ+ does not automatically establish eligibility: the protection criteria and other visa requirements must still be met. Home Affairs guidance
What must a protection claim establish?
For refugee protection, a person must have a well-founded fear of persecution for a recognised reason. The persecution must involve serious harm and systematic and discriminatory conduct.
If the refugee criteria are not met, complementary protection may apply where there are substantial grounds for believing that removal would expose the person to a real risk of significant harm. Available protection and the possibility of relocation within the country also affect the assessment, under different legal tests. Australia’s protection obligations
Must applicants hide their sexual orientation or gender identity?
When assessing a well-founded fear of persecution, the law does not require a person to avoid persecution by changing their sexual orientation or gender identity, or concealing their sexual orientation, gender identity or intersex status. Other protection and visa requirements still apply. Migration Act 1958, section 5J(3)
Can You Apply for a Protection Visa on a Tourist Visa?
Yes. If you are in Australia on a Visitor visa, you may be able to apply for a Protection visa (subclass 866). You must have arrived on a valid visa, been immigration cleared, and meet the applicable application and protection requirements. This visa is for people seeking asylum. Home Affairs
What if your visa has a “No Further Stay” condition?
Protection visas are an exception to No Further Stay restrictions. Conditions such as 8503, 8534 or 8535 do not, by themselves, require a waiver before you can apply for a Protection visa. Other application restrictions may still apply. Home Affairs — Form 1447
What if your Visitor visa is expiring?
Seek advice before it expires so you understand how to remain lawful. You must hold a valid visa to stay lawfully in Australia. Home Affairs may grant a bridging visa while your Protection visa application is processed; check your visa status and any bridging visa grant carefully. Visa expiry guidance, Protection visa guidance
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Providing Information About Your Protection Claim
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Your Protection visa application should clearly explain why you believe Australia has protection obligations in relation to you.
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Provide complete and truthful information about your circumstances and include relevant supporting evidence where available.
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Do not provide false or misleading claims or documents. Home Affairs warns that providing false information or false documents can have serious consequences.
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If you are unsure how the protection criteria apply to your circumstances, consider obtaining advice from a registered migration agent or Australian legal practitioner before lodging your application.
Can You Travel While Waiting for a Protection Visa Decision?
If you hold a Bridging visa while waiting for a visa decision, you should check your travel rights before leaving Australia.
Home Affairs states that only a Bridging visa B (BVB) allows a person to leave and re-enter Australia while waiting for a decision on a substantive visa. If you leave Australia while another type of Bridging visa is in effect, that Bridging visa will cease.
A Bridging visa B is granted with a defined travel period.
Before making travel arrangements, check your current visa conditions and read the Home Affairs guidance on travelling while a visa is being processed.
Can Protection Visa Holders Travel to Their Home Country?
Protection visa holders need to be particularly careful about travelling to the country from which Australia has granted them protection.
Visa condition 8559 applies to relevant Protection visa (subclass 866) holders and prevents them from entering the country in relation to which Australia found that protection obligations were owed unless written approval has been given.
If you need to travel to that country, you must obtain the required approval before travelling.
The Department provides Form 1463 – Request for approval to travel under condition 8559 for this purpose.
Before planning overseas travel, Protection visa holders should check their current visa conditions through VEVO and the latest Department of Home Affairs requirements.
Bridging Visa After Applying for a Protection Visa
Home Affairs may grant you a bridging visa to remain lawfully in Australia while your Protection visa (subclass 866) application is processed. Check your grant notification to confirm the visa granted and its conditions. Home Affairs — Protection visa
Can You Work While Waiting for a Protection Visa?
Lodging a Protection visa application does not itself give you permission to work. Your work rights depend on the visa currently in effect and its conditions.
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Check your visa grant letter and VEVO before starting work.
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Continue following your current visa conditions until your bridging visa takes effect.
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Do not assume financial hardship will allow work restrictions to be removed; specific restrictions apply to Protection visa applicants. Home Affairs — Bridging visa A
For general information about when a BVA takes effect and its conditions, read our Bridging Visa A (Subclass 010) guide.
If a Protection Visa Is Refused
If the Department of Home Affairs refuses or cancels a Protection visa, some applicants may be able to seek review at the Administrative Review Tribunal.
The decision letter from Home Affairs will explain whether the decision can be reviewed, who can apply for review, and the deadline for lodging the review application.
The Administrative Review Tribunal replaced the former Administrative Appeals Tribunal on 14 October 2024. Any current article should refer to the Administrative Review Tribunal, not the AAT.
False or Misleading Information
Applicants must provide complete and accurate information. Home Affairs warns that giving false or misleading information in a Protection visa application is a serious offence.
False claims, fake documents, or incorrect information can lead to visa refusal or cancellation. They may also result in serious penalties and long-term immigration consequences.
Applicants should check any information submitted on their behalf, even if they use an agent or another person to help with the application.
Including Family Members
Members of the same family unit may apply together for a Protection visa (subclass 866), provided they are in Australia at the time of application and are eligible to apply for the visa.
Members of the same family unit may include:
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your spouse or de facto partner;
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dependent children or stepchildren; and
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certain other dependent relatives who meet the relevant requirements.
Family members included in the application must also meet applicable health, character and security requirements.
Home Affairs also allows certain family members to be added after an application has been lodged and before a decision is made, subject to eligibility requirements.
See the Department of Home Affairs information on including family members in a Protection visa application for the current requirements.
Protection Visa 866 and Australian Citizenship
A Protection visa (subclass 866) is a permanent visa. After a certain period, you may be eligible to apply for Australian citizenship if you meet the applicable citizenship requirements.
Eligibility for citizenship is assessed separately from your Protection visa.
Frequently Asked Questions (FAQs)
Is Protection Visa 866 permanent?
Yes. Subclass 866 grants permanent residence.
Can I work while waiting?
Your work rights depend on your bridging visa conditions.
Can I leave Australia while my 866 application is pending?
Leaving Australia may affect your application. You must obtain proper travel permission.
Do I need a lawyer to apply?
The law does not require representation. However, protection claims involve complex legal criteria. Many applicants seek professional advice.
What is the success rate for Protection Visa?
Success rates vary by country and individual circumstances. The Department assesses each case individually.
Can I apply if my visa has expired?
If you become unlawful, serious consequences arise. You should seek urgent legal advice.
Can I include my partner later?
You must declare all family members at the time of application. Failure to declare may prevent sponsorship later.
What happens if I lie in my application?
False information can lead to refusal and long-term visa consequences.
How long does the interview take?
Interviews vary in length. Some last several hours depending on complexity.
Can I apply for skilled migration instead?
If you qualify for skilled migration and you do not require protection, that pathway may suit you better.
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