Onshore application
The applicant must be in Australia when the Protection Visa application is made.
ApplyIn Australia
Visa typePermanent
2026 government chargeAUD 50
Legal groundsRefugee or complementary protection
Official processing timeNot currently published
Protection Visa 866 explained
Australia's permanent onshore protection visa for people who engage protection obligations.
Subclass 866 is not a general pathway for extending stay in Australia. It is for eligible people who genuinely need asylum because returning to their home country would expose them to persecution or a real risk of significant harm.
The case is not decided by the label placed on the fear. It is decided by whether the facts satisfy the statutory protection tests and whether the evidence is credible, complete and legally relevant.
Home Affairs states that a person may be eligible for Subclass 866 if they are already in Australia, arrived legally on a visa that was in effect, were immigration cleared, engage Australia's protection obligations and satisfy the remaining identity, health, character and security requirements.
The application is lodged online through ImmiAccount. The Department can decide the application on the information lodged, request more information or invite the applicant to a Protection Visa interview.
A Protection Visa is permanent if granted. There is no temporary 866 stage and no second permanent application.
Home Affairs warning: the Department states that it refuses more than 85% of Protection Visa applications because they do not meet the legal requirements, with refusal rates for some nationalities close to 100%. That statistic does not determine any individual case, but it demonstrates why a protection claim should not be lodged simply as a strategy to remain in Australia.
Core eligibility
Who can make a valid Subclass 866 Protection Visa application?
Validity and grant are separate questions. A person may have genuine fears but still face an application bar or another statutory problem that needs to be identified before lodgement.
Visa in effect on last entry
The applicant must generally have held a visa in effect on their last entry and have been immigration cleared.
Refugee or complementary protection
The applicant must satisfy at least one of the substantive protection grounds, or qualify as an eligible family-unit member of a person who does.
Previous protection history matters
A previous protection refusal or cancellation since the last arrival can prevent a further valid Protection Visa application unless a relevant ministerial power is exercised.
Some protection visa histories exclude 866
People who hold or have held specified temporary protection or safe-haven visas may be unable to make a valid Subclass 866 application.
Identity, health, character and security
Protection obligations do not remove the separate statutory identity, health, character and security requirements.
Australia's protection obligations
Two legal routes can lead to the same permanent Subclass 866 visa.
The refugee criterion and complementary protection are legally different. A careful application addresses whichever grounds are reasonably raised by the facts rather than assuming one label fits the entire case.
Refugee criterion
A person may be a refugee where they have a well-founded fear of persecution in their home country for at least one of five Convention reasons and the statutory requirements are satisfied.
- There must be a real chance of persecution in the reasonably foreseeable future.
- The persecution must involve serious harm and systematic and discriminatory conduct.
- A Convention reason must be an essential and significant reason for the persecution.
- Internal relocation and effective state protection can be decisive issues.
Complementary protection
A person who is not a refugee may still qualify where there are substantial grounds for believing there is a real risk they will suffer specified significant harm if removed to their home country.
- Arbitrary deprivation of life.
- The death penalty.
- Torture.
- Cruel or inhuman treatment or punishment.
- Degrading treatment or punishment.
Race
Religion
Nationality
Particular social group
Political opinion
Country danger is not enough by itself. General violence, economic hardship or instability may be relevant evidence, but the legal tests require the applicant to establish the protection criteria that apply to them personally.
Evidence & credibility
A Protection Visa case is built from the applicant's account, the law and the evidence that connects them.
Home Affairs can decide an application on the material lodged. The initial application should therefore present the claim as completely and accurately as possible rather than relying on a later interview to repair major gaps.
Detailed chronology
Explain the material events in sequence: what happened, who was involved, when it occurred, what was said or done, and why the events create a future risk.
Nationality and identity evidence
Passports, national identity records, birth records and other documents can be central because the protection assessment depends on who the applicant is and where they would be returned.
Objective evidence
Reliable reports, laws, human-rights material, media and expert or institutional sources should be used to test and support the claimed risk.
Documents and witnesses
Threats, messages, police records, medical evidence, membership records, photographs, social-media material and witness statements may be relevant depending on the claim.
Relocation and state protection
Address whether the applicant could safely and legally live elsewhere in the country and whether authorities are willing and able to provide effective protection.
Explain gaps and changing claims
Prior visa applications, airport statements, interviews and previous accounts may be compared. Genuine errors, trauma, delay or new circumstances should be explained rather than ignored.
Identity evidence is particularly important. Home Affairs states that failing to provide genuine identity, nationality or citizenship documents when requested—without a reasonable explanation and reasonable steps to obtain them—can lead to refusal.
Form 866 & application process
A disciplined Subclass 866 process from legal assessment to decision.
The online application is sometimes called “Form 866”, but completing the fields is only one part of the case. The legal claim and supporting evidence require separate preparation.
Validity and protection grounds
Check lawful arrival, application bars, prior protection history and whether the facts raise refugee and/or complementary protection.
Statement of claims
Prepare the chronology and connect the facts to the legal criteria, including relocation, state protection and any credibility issues.
Documents & country material
Collect identity documents, personal corroboration and reliable country information that supports the claimed risk.
Online through ImmiAccount
Complete the Protection Visa application accurately, attach the supporting material, pay the application charge and retain the TRN.
Health, character & further information
Manage Department requests, additional evidence, health examinations and any procedural-fairness concerns.
Interview and outcome
Prepare for any Department interview and ensure updates are lodged before the Department makes a decision.
Government application charge
Current from 1 July 2026
AUD 50
Protection (Class XA) base application charge
Nil additional-applicant charge applies for eligible family members whose Protection Visa applications are validly combined.
Visa charges can change. Check the current Migration Regulations or Home Affairs pricing immediately before payment.
After lodgement
What happens while a Protection Visa 866 application is being processed?
Home Affairs does not currently publish a standard Subclass 866 processing time. It says applications are complex and can take longer where the form is incomplete, evidence is missing or additional verification is required.
Home Affairs may grant a bridging visa so you can remain lawful while the Protection Visa application is processed. The type of bridging visa and its work conditions depend on your circumstances.
New threats, political events, family developments, identity documents or other material changes should be considered and, where relevant, provided before decision.
The Department may ask for documents or clarification. A response should answer the actual concern and remain consistent with the original claim.
Home Affairs issues a HAP ID and instructions when health examinations are required. Do not assume they will be requested immediately.
Home Affairs states that police certificates are generally provided for countries lived in for 12 months or more in the past 10 years after age 16, other than the country from which protection is claimed, and advises applicants not to obtain them until asked.
Home Affairs warns applicants not to travel to the country from which they are seeking protection while the claim is being assessed.
Protection Visa interview
The Department interview tests the claim against the application and the evidence.
Not every case follows exactly the same process, and an application can be decided without further contact. If an interview is scheduled, preparation should focus on truthful recall and understanding the chronology—not rehearsed answers.
What Home Affairs says
Protection interviews are recorded and can cover identity, documents and every aspect of the protection claim.
The interviewing officer may ask the applicant to take an oath or affirmation, check identity documents and question the applicant about claims already made. False or misleading information can have serious consequences.
Review your own applicationKnow what was lodged, including dates, prior visa history, statements and translated documents.
Prepare the chronologyBe ready to explain the sequence of events and any long gaps or apparent inconsistencies.
Explain, do not guessIf you do not know or cannot remember something, say so rather than inventing precision.
Address difficult issues directlyLate claims, return travel, prior inconsistent accounts, state protection and relocation may need careful explanation.
Lodge important updates earlyHome Affairs says additional information should ideally be submitted at least five working days before a scheduled interview.
Complex Protection Visa matters
Some cases turn on validity, credibility or legal exceptions before the substantive fear is even assessed.
These issues should be identified before lodgement because they can change how the application is framed—or whether a valid Subclass 866 application can be made at all.
Visitor or student visa holder
Protection claims frequently arise after arrival on another visa. The current visa label does not itself establish the protection claim; the legal test and arrival history still need to be satisfied.
Protection Visa for international studentsNo Further Stay condition
Visa conditions require careful checking. Protection Visa applications are treated differently from ordinary substantive visa applications under several regulatory provisions.
8503 and Protection VisasPrevious Protection Visa refusal
Section 48A can prevent a further Protection Visa application after a previous refusal or cancellation since the last arrival. A section 48B request is a distinct ministerial process, not another visa application.
Delayed or changing claim
A late fear, new political activity, religious conversion, changed sexuality or gender-identity disclosure, or changed country conditions may be genuine—but the timing and previous accounts need a coherent explanation.
LGBTIQ+ protection
Sexual orientation, gender identity and related particular-social-group claims require sensitive evidence and careful treatment of concealment, family risk, state protection and country conditions.
LGBTQIA+ Protection Visa hubStatelessness or multiple nationalities
Nationality, former habitual residence, citizenship rights and access to another country can materially alter the protection analysis.
If Subclass 866 is granted
The Protection Visa is permanent from the date of grant.
Unlike a provisional Partner Visa or a temporary protection visa, Subclass 866 grants Australian permanent residence immediately if approved.
Live in Australia indefinitely
You become an Australian permanent resident on the date the Protection Visa is granted.
Permanent work and study rights
Home Affairs states that Subclass 866 holders can live, work and study in Australia permanently.
Medicare and eligible Centrelink services
Access depends on the rules of the relevant program, but Home Affairs lists Medicare and Centrelink among the services available.
Eligible family sponsorship
Eligible family members may be sponsored for permanent residence through the offshore Humanitarian Program.
Five-year travel facility
The visa carries a five-year travel facility. After that, a Resident Return Visa is generally required to re-enter Australia as a permanent resident.
Possible citizenship pathway
If the citizenship residence and other requirements are later met, a Protection Visa holder may become eligible to apply for Australian citizenship.
Important travel condition 8559: if Australia grants protection from a particular country, the visa holder and relevant family-unit members must not enter that country without written approval beforehand. Home Affairs says approval is only given where compassionate or compelling circumstances justify the travel. Using the passport of the country of nationality can also raise protection and cancellation issues.
Protection Visa refusal & ART review
A refusal does not always end the matter—but review deadlines are strict.
The refusal letter should be read immediately. It will state whether the decision is reviewable by the Administrative Review Tribunal and the applicable time limit.
Administrative Review Tribunal
Protection reviews require a fresh strategy, not simply re-filing the same claim.
The review should identify the Department's reasons, credibility findings, legal errors alleged by the applicant, new evidence and changed country circumstances. ART says it has no power to extend the statutory time limit for a protection review application.
Current ART fee structure: there is no fee payable when a protection review application is lodged. If the review is unsuccessful, ART currently invoices a fee of AUD 2,293, subject to the Tribunal's rules.
Current ART protection-review processing data: for protection reviews finalised between 1 February and 31 July 2026, 50% were finalised within 2 years and 2 months and 95% within 5 years and 1 month. These are historical completion statistics, not a prediction for an individual case.
- Check the refusal letter immediately.
- Preserve the Department record and interview material.
- Identify each adverse credibility or legal finding.
- Obtain new evidence early rather than waiting for a hearing date.
Protection Visa knowledge hub
Go deeper on the issue that actually affects your case.
The Subclass 866 hub should answer the core legal questions. Detailed country, evidence and procedure guides sit underneath it so they support rather than compete with this page.
ApplicationForm 866 online application guide
How the ImmiAccount application works and what to prepare.
Legal testRefugee vs complementary protectionThe two statutory routes under the same Subclass 866 application.
EvidenceProtection Visa evidence guidePersonal evidence, country information and claim preparation.
TimingProtection Visa processing time 2026What Home Affairs publishes—and what it does not.
Country guidesProtection Visa by countryCountry-specific pages for political, religious, social-group and harm claims.
LGBTIQ+LGBTQIA+ Protection Visa hubSexual orientation, gender identity and related protection claims.
CountryMalaysia Protection VisaMalaysia-specific protection claims, risk factors and evidence considerations.
CountryTurkey Protection VisaTürkiye-specific protection issues and evidence.
CountryIran Protection VisaIranian claims, political, religious and social-group issues.
The Emigrate Lawyers difference
Protection law is not document processing. We build the claim as a legal case.
Our role is to identify the legal ground, develop the applicant's evidence, confront weaknesses before Home Affairs does, and maintain continuity if the matter proceeds to the ART.
Lawyer-led claim architecture
We map the facts against the refugee criterion and complementary protection rather than starting with a generic template.
Detailed statement preparation
We work through chronology, prior accounts, late disclosures, state protection, relocation and other issues likely to affect credibility or the legal test.
Country-evidence strategy
We use reliable country information to support the risk actually claimed instead of attaching large volumes of unrelated reports.
Interview preparation
We prepare clients to understand their own application, difficult issues and likely lines of questioning without rehearsing artificial answers.
Complex protection capability
We act on previous refusals, section 48A issues, LGBTIQ+ claims, political and religious claims, changing circumstances and procedural-fairness responses.
Application to ART continuity
If a review right exists after refusal, the legal team already understands the claim record, evidence history and Department findings.
Get advice before a weak or inconsistent claim becomes part of your permanent immigration record.
Protection Visa information is confidential and the consequences of refusal can be significant.
Government fee & timing
Low application charge does not mean low legal risk.
The Subclass 866 government fee is unusually low compared with many Australian visas, but the evidentiary and legal consequences are substantial.
Protection (Class XA) · 1 July 2026 legislationAUD 50
The current Migration Regulations set a base application charge of AUD 50 and nil additional-applicant charge for family members combined with the same Protection (Class XA) application.
Processing time: Home Affairs currently states that processing times for Subclass 866 are unavailable and does not publish a standard number of months. Any fixed processing-time promise should therefore be treated cautiously.
Our professional fees: legal fees depend on the complexity of the claim, evidence, family members, prior immigration history and whether interview preparation or post-lodgement work is included. A written costs disclosure is provided before ongoing work.
Protection Visa 866 FAQs
Questions people ask before making a protection claim.
Is Subclass 866 a permanent visa?
Yes. Home Affairs states that Subclass 866 is a permanent visa. If granted, you become an Australian permanent resident on the date of grant.
Can I apply for a Protection Visa while on a visitor or student visa?
A person who arrived holding a visa in effect and was immigration cleared may potentially make a Subclass 866 application while in Australia, subject to the protection criteria and other statutory requirements. The fact that you hold or held a visitor or student visa does not by itself prove a protection claim.
What if my original Australian visa has now expired?
The Subclass 866 validity rules focus in part on how you last entered Australia. You do not necessarily need to still hold the same visa you used to enter, but your current status, bridging visa position and any application bars require case-specific assessment.
How much does a Protection Visa 866 cost in 2026?
The Migration Regulations in force from 1 July 2026 set the Protection (Class XA) base application charge at AUD 50. Additional applicant charge is nil for family members whose applications are validly combined. Professional legal fees are separate.
How long does a Subclass 866 Protection Visa take?
Home Affairs currently does not publish a standard processing time for Subclass 866. Individual timing depends on the claim, evidence, verification, interview and Department workload. Be cautious with websites promising a fixed number of months.
Do I need to prove that I was harmed in the past?
Past harm can be important evidence, but the statutory assessment is forward-looking. The core question is whether the legal test establishes a relevant future risk if you return.
What is the difference between refugee status and complementary protection?
The refugee criterion requires a well-founded fear of persecution for a Convention reason. Complementary protection applies to specified significant harm and does not require the harm to be motivated by one of the five Convention reasons. Either route can lead to the same Subclass 866 visa.
Will Home Affairs interview me?
An interview may be scheduled, but the Department can also decide an application on the written material. If interviewed, Home Affairs says the interview is recorded and can cover identity, documents and the protection claims.
Can I work while my Protection Visa application is pending?
Work rights depend on the bridging visa granted and your circumstances. Home Affairs states that the type of bridging visa and whether it carries work rights depend on several factors, so check the actual bridging visa grant notice.
Can I travel overseas while the application is pending?
Travel can affect your visa and protection claim. Home Affairs specifically warns applicants not to travel to the country from which they are seeking protection while the claim is being processed. Obtain advice before any overseas travel.
Can family members be included in the application?
Eligible members of the family unit may be included or, in specified circumstances, added before decision if they are in Australia and independently eligible to apply. Relationship evidence is required.
What happens if the Protection Visa is refused?
The refusal letter explains the reasons, whether ART review is available and the deadline. Protection-review time limits are strict, and ART states that it has no power to extend the applicable time limit.
Legal review
Reviewed by Madhab Kharel, Principal Lawyer
General information only. Official references include Home Affairs — Subclass 866, Australia's protection obligations, and ART — protection visa reviews.
