Understanding the Permanent Protection (Subclass 866) Visa

Introduction

Navigating the complexities of immigration law can be challenging, especially when seeking protection in a new country. If you are in Australia, have entered the country legally, and need protection, you might be eligible to apply for a Permanent Protection (subclass 866) Visa. This visa is designed for those who require Australia’s protection due to threats in their country of origin.

Eligibility Criteria

To qualify for the Permanent Protection Visa, you must meet specific conditions:

• You are in Australia with a valid visa.
• You are seeking Australia’s protection either as a refugee or under its additional protection program.
• You are not barred from applying for a protection visa.

Protection Visa Requirements

To be granted refugee status under Australian law, you must demonstrate a credible possibility of severe harm in your home country due to one or more of the following reasons:

• Race
• Religion
• Nationality
• Political Opinion
• Membership in a particular social group, including but not limited to sexual orientation or gender identity.

In some cases, protection claims may involve a combination of these factors.

Complementary Protection Criteria

If you do not qualify as a refugee, you might still be eligible for complementary protection. To qualify, you must show that returning to your home country would expose you to significant harm, such as:

• Arbitrary deprivation of life
• Execution
• Torture
• Cruel, inhuman, or degrading treatment or punishment
• Violating your dignity

Additionally, you must meet identity, health, and character requirements.

Application Process and Family Inclusion

Your visa application can include family members who are also in Australia and meet specific criteria. The process of applying for a protection visa can be lengthy and complex, often taking years. During this period, you will typically hold a Bridging visa to maintain your legal status in Australia.

Benefits of a Permanent Protection Visa

Acquiring a Permanent Protection (subclass 866) Visa provides numerous benefits, including:

• The right to live in Australia permanently
• Work and study opportunities
• Enrollment in Medicare, Australia’s national healthcare program
• The possibility of applying for Australian citizenship when eligible
• Sponsorship of eligible family members for permanent residence
• The ability to travel to and from Australia for five years from the visa grant date

However, you will need written approval from the Minister to travel to the country from which you have sought protection.

How can Emigrate Lawyers Help?

Proving that you are a refugee and meeting the visa requirements can be daunting. The assessment for refugee status is forward-looking, meaning the Department will evaluate your future risk of harm if return to your home country. This evaluation involves a thorough investigation of your claims, which can be a lengthy and intricate process.

We understand the importance of high-quality legal representation to navigate this process successfully. Our team at Emigrate Lawyers has extensive experience in handling protection visa applications from individuals who have fled severe threats like death, torture, and abuse. We offer comprehensive support, including:

Assisting with your protection visa application

• Conducting thorough country research
• Crafting robust arguments to support your case
• Our expertise spans across various countries, ensuring a deep understanding of each unique situation. By working with us, you increase your chances of a favorable outcome, ensuring your safety and security in Australia.

Contact Us

For more detailed information and personalized assistance with your Permanent Protection Visa application, contact our team of experienced immigration lawyers. We are dedicated to helping you achieve the best possible outcome for your situation.