Before your Subclass 866 consultation
A first consultation is an opportunity to discuss your immigration history, concerns about returning home and available evidence. This guide explains what to raise with a lawyer before applying for a Protection visa and how legal advice can help identify questions that need closer examination.
For our scope of advice and representation, see our Protection Visa legal services. Read the Subclass 866 eligibility guide for an overview of the visa requirements.
For the consultation, gather your visa and refusal correspondence, identity documents, a timeline of relevant events and any supporting material already available. Tell the lawyer about missing documents, earlier applications and any approaching deadline.
What an 866 Visa lawyer can help with
- initial eligibility and application-bar assessment;
- refugee criterion and complementary protection analysis;
- personal statement and chronology;
- identity and nationality evidence;
- country information;
- state protection and internal relocation issues;
- Department requests and interview preparation;
- health, character and security issues;
- refusal analysis and ART review where available.
Core eligibility
Home Affairs states that applicants must be in Australia, have arrived legally holding a valid visa and been immigration cleared, engage Australia’s protection obligations, and satisfy other requirements including health, character and security. Certain previous visas, refusals, cancellations or arrival circumstances can prevent a valid application.
Permanent residence
If granted, Subclass 866 gives permanent residence. Home Affairs states that holders can live, work and study permanently, access specified government services subject to eligibility, sponsor eligible family through the offshore Humanitarian Program and potentially become Australian citizens if citizenship requirements are later met.
Application fee and processing
Home Affairs currently lists the visa application charge as AUD50 and does not publish a standard processing-time figure for the subclass. Complex facts, missing documents, information requests and verification can affect the time taken.
Protection is not determined by nationality alone
Country conditions matter, but a Protection visa is an individual assessment. Two applicants from the same country can receive different outcomes because their identities, histories, feared harm, profiles, evidence, state protection and relocation circumstances differ.
Protection Visa and Subclass 866 resources
Claim your consultation
Tell us your current visa, nationality, immigration history, protection claim, available evidence and any refusal or Tribunal deadline.
The Emigrate Lawyers difference
We are a law firm, not a migration agency. Protection matters can involve statutory interpretation, credibility findings, country information, Tribunal review and court-related questions. We build the legal analysis around the client’s real circumstances and evidence.
Madhab Kharel — Principal Lawyer
Madhab Kharel is Principal Lawyer and Director of Emigrate Lawyers. His practice includes Protection visa applications, refusals, ART matters and judicial review strategy.
Frequently asked questions
What is an Australian 866 Visa?
It is the permanent Protection Visa Subclass 866 for eligible people seeking Australia’s protection after arriving lawfully and being immigration cleared.
Is Subclass 866 permanent residency?
Yes. A person becomes an Australian permanent resident when the visa is granted.
How much is the 866 visa application charge?
Home Affairs currently lists AUD50. Legal professional fees, if a lawyer is engaged, are separate.
Legal review: Madhab Kharel, Principal Lawyer. Reviewed 27 September 2026. General information only, not legal advice.
