If you are seeking protection in Australia, are located in Australia and you arrived lawfully, you may be eligible to apply for a Permanent Protection (subclass 866) Visa. As a summary, you may be eligible for this visa if:
Grounds for protection
In order to be recognised as a refugee under Australian law, you must demonstrate that there is a real chance that you will be seriously harmed in your country of origin because of your:
In order to be recognised as a person owed complementary protection by Australia, you must prove that as a necessary and foreseeable consequence of your removal to your country of origin, you would face a real risk of one or more of the following forms of significant harm:
In addition to demonstrating that you meet one or more of the grounds for protection, you must also pass the relevant identity, health and character checks.
Other criteria also apply for an application for a Permanent Protection visa. Please consult us for more details.
You are able to include family members in your subclass 866 visa application if they satisfy particular criteria, and they are also in Australia. Please consult us for more details.
Proving that you are a refugee is often very difficult. The test for refugee status is future-focused. This means that whether you face a real chance or risk of harm will be assessed at the time the Department of Immigration is looking at your case, not just by reference to what has happened to you previously. Even though you may have suffered a gross violation of your human rights in the past, you will need to show that you will still be at risk of further serious or significant harm in the future if you return to your country of origin.
It is critical that you have excellent legal representation to ensure that you have the best chance of success.
Over the past 15 years, we have acted in over 9,000 protection visa matters and have extensive knowledge and experience in this field. We highly recommend that you contact one of our experienced Solicitors and Registered Migration Agents to obtain advice prior to lodging your visa application.
This page provides a summary of the 866 visa as at June 2015. Australian immigration law is complex and it changes on a regular basis. We strongly recommend that you contact us to confirm the requirements for an 866 visa and consult with one of our immigration lawyers and Registered Migration Agents.