Protection Visas: Harm from Family Members or Other Private Actors
Sources checked 18 September 2026
A protection visa claim involving non-state actors concerns feared harm from people or groups outside government, such as relatives, former partners or criminal groups. The fact that the feared person is a private individual does not, by itself, determine the claim. The legal test, the nature of the risk and available protection all require assessment.
This guide helps you organise the facts for legal advice. It does not treat every family conflict, threat or crime as grounds for a protection visa.
Describe who you fear and what you fear
Begin with a factual account rather than a legal label. Identify the person or group, their connection to you, the conduct involved and why you believe the risk continues. Explain whether your knowledge comes from direct experience, a message, another person or a public report.
Separate earlier incidents from future concerns. If a relative tells you that someone has been looking for you, identify when the relative learned this and what they actually observed. Do not present second-hand information as an event you witnessed.
Why state protection matters
The Administrative Review Tribunal’s Guide to Refugee Law in Australia, Chapter 8 discusses protection against privately inflicted harm. The existence and availability of protection can matter to the assessment; a private perpetrator does not make the question irrelevant.
Prepare the facts about any attempt to obtain help. Record whom you approached, when, what information you gave, the response and any later events. If you did not seek help, explain why. Do not invent a police complaint or assume a general statement about corruption explains your individual circumstances.
| Issue | Facts and records to discuss |
|---|---|
| Feared actor | Identity, relationship, location, conduct and any claimed reach |
| Past incidents | Dates, messages, medical records, witnesses and contemporaneous notes |
| Attempts to obtain help | Complaints, responses, protection measures and what happened afterwards |
| Barriers to protection | Your circumstances and reliable information relevant to access or effectiveness |
| Continuing risk | Recent developments and the basis for believing the threat persists |
Distinguish the refugee and complementary protection questions
Home Affairs’ protection obligations overview identifies refugee protection and a real risk of significant harm as distinct bases relevant to protection assessment. A claim requires analysis under the applicable legal requirements, not simply proof that an unpleasant or dangerous event happened.
Tell your lawyer the full facts before deciding which legal argument applies. They can assess the connection between the feared harm, any relevant protected characteristic and the other requirements. Do not reshape your account to fit a category you read about online.
Address location and practical circumstances carefully
Explain where incidents occurred and whether you lived elsewhere in the country. Record what happened during any move, how long you stayed and whether the feared person contacted or found you. Relevant legal questions about relocation differ between the protection tests and need individual advice.
A relative’s presence in another city does not alone establish safety there. Equally, fear of one person does not automatically establish risk everywhere. Provide facts about reach, access, support and personal circumstances without relying on either assumption.
A hypothetical example
An applicant fears a former partner who repeatedly contacted them after they moved. The useful evidence may include the move dates, the contacts and how the former partner located them. A general country report about domestic violence can provide context, but it does not replace this personal account.
Use country information to answer a specific question
Select material relevant to the region, circumstances and type of harm. Explain which part of the report helps assess your concern. Preserve the publication date and relevant pages so the source can be checked.
Avoid attaching many articles simply because they mention violence in the same country. Different sources may cover different locations or periods. Identify those limits and discuss any information that appears inconsistent with your account rather than hiding it.
Collect evidence without creating further danger
Do not contact an alleged perpetrator to generate another threat or obtain a confession. Discuss risks before asking a person overseas to approach police, relatives or other authorities. Keep sensitive material secure and tell your lawyer if a record cannot safely be obtained.
Where a document is missing, explain what it would show, who holds it and why access is difficult. That allows a realistic assessment of alternative evidence and the limitations of the file.
Frequently asked questions
Does the harm have to come directly from government?
No automatic exclusion follows merely because a private person is involved. The applicable protection criteria and surrounding circumstances still need assessment.
Does not reporting to police end my claim?
Do not assume either outcome. Explain what happened and any reasons for not seeking assistance; your lawyer can assess their relevance.
Prepare for an individual assessment
Our subclass 866 lawyers can review your account, immigration history and evidence. If a refusal already exists, our ART review team can assess the decision and available review options.
Disclaimer
This article provides general information only and is not legal advice. Australian migration law, policy and procedures can change, and your options depend on your individual circumstances. Do not rely on this article to calculate a deadline or determine your eligibility. Obtain advice from a qualified Australian legal practitioner about your situation. Reading this article does not create a solicitor–client relationship with Emigrate Lawyers.
Madhab Kharel
Principal Lawyer & Director, Emigrate Lawyers
Madhab Kharel is the Principal Lawyer and Director of Emigrate Lawyers, an Australian law firm assisting clients across Australia and internationally. His migration law practice includes Partner Visas, Protection Visas, visa refusals and cancellations, Administrative Review Tribunal matters, health and character issues, Schedule 3, Section 48, sponsorship limitations and employer-sponsored migration. He regularly advises clients with complex immigration histories and matters requiring detailed legal submissions and evidence strategy.
Reviewed by Madhab Kharel, Principal Lawyer
Date reviewed: 18 September 2026
