Protection Visa (Subclass 866) Australia

At Australian Migration Lawyers, we focus on supporting individuals who are in dire need of refuge in Australia. Our assistance extends to those applying for the Australian protection visa (subclass 866), a critical lifeline for people within Australia's borders who are confronting the harsh reality of returning to their native lands. This visa is available in circumstances where individuals face imminent threats in their home countries, such as political unrest, religious persecution, ethnic conflicts, or other severe forms of discrimination that jeopardise their safety and well-being.

These risks may include arbitrary deprivation of life, torture, cruel or inhuman treatment, or degrading punishment. Unlike refugee claims, complementary protection does not require the harm to be linked to a specific Convention ground.

Refugee Vs Complementary Protection: A Quick Overview

Australia’s migration framework recognises two primary groups of individuals seeking protection and safety: those with refugee status and those who are in need of complementary protection. While both groups comprise individuals who are fleeing harm in their own countries, they are assessed under different legal criteria.

A person is recognised as a “refugee” if they strictly meet the definition set out in the 1951 Refugee Convention. They are required to demonstrate a well-founded fear of persecution on the basis of five grounds: race, religion, nationality, political opinion, or membership of a particular social group. The harm feared must involve serious violations of fundamental rights and be linked to one of these specific grounds.

In contrast, complementary protection is provided where an individual does not meet the strict refugee definition but still faces a risk of significant harm if returned to their home country.

While your Protection Visa (Subclass 866) application is currently under assessment, you may be granted a Bridging Visa A (BVA - subclass 010) if you hold a substantive visa. This bridging visa allows you to stay in Australia lawfully during the period of processing, so you do not have to leave until a decision has been made on your Protection Visa application. In case you do not have a valid visa, a Bridging Visa C (BVC - subclass 030) may be granted.

You may also have limited rights, but you may be able to apply for permission to work if you meet certain conditions set by Australian law. While on a bridging visa, individuals generally have limited access to government support.

Please be aware that there are no travel rights under a BVA, and you could put your visa application at risk if you leave the country while on a BVA. Therefore, it is important that you comply with all conditions of your visa, as any breach could affect the outcome of your Protection Visa application.

The application fee for the Protection Visa is a nominal AUD $50. Given that each application is assessed on an individual basis, processing times can vary. We strive to expedite the process by ensuring the efficient submission of all necessary documents and by responding promptly to any requests for additional information.

If you choose to work with AML, our fees will vary depending on the circumstances of your application. Some applications will be more complex than others, and our fees will be quoted accordingly. We work on a fixed-fee basis rather than billing hourly to provide our clients with certainty about what the total costs associated with their partner visa application will be. We strive to be flexible, so we offer payment plans based on financial need.

To get started, book a consultation with one of our qualified lawyers to get a quote.