Refugee Convention criteria
Well-founded fear of persecution for reasons of race, religion, nationality, political opinion, or membership of a particular social group. Cannot rely on home country protection.
Onshore Protection · Refugee Convention · Permanent Residency
The Subclass 866 is Australia's onshore protection visa.
Applicants found to be refugees under the Refugee Convention, or who meet complementary protection criteria, can be granted the 866. It is a permanent visa with a direct pathway to citizenship. The evidence standard is specific and the process is rigorous.
Core criteria
Two protection tests.
Protection visa assessment covers two legal frameworks.
Complementary protection
Real risk of significant harm (death penalty, torture, cruel treatment, degrading treatment) on return. Broader than Refugee Convention.
Genuine identity
Identity must be credibly established. Documentary and country of origin evidence.
Character requirement
Section 501 character applies. Most criminal records can affect protection outcomes.
Process overview
Four stages.
The protection visa process is structured and evidence-intensive.
Application lodgedDetailed statement of claims, supporting evidence, identity documents. Legal representation strongly recommended.
Department assessmentInitial interview, country of origin information review, credibility assessment. Refusal rate is significant; preparation matters.
ART review rightsRefusals have 28-day ART review rights (different from general 21-day). Fresh claims and evidence admissible. See ART framework.
Judicial reviewAfter ART affirms, Federal Circuit review on legal error grounds.
Common challenges
Three recurring issues.
Protection visa applications face specific evidentiary challenges.
Country information
Department relies on DFAT and other country of origin information. Applicant evidence must engage with the specific country context.
Credibility assessment
Consistent accounts across interview and written statement. Minor inconsistencies can affect outcomes.
Internal relocation
Department sometimes argues applicant could safely relocate within home country. Evidence of national-scale risk important.
Protection visa success often depends on quality of representation.
Applicants with legal representation in protection matters typically have significantly better outcomes than self-represented applicants. The legal tests are technical; country information and credibility are nuanced. Our immigration lawyer Prateek Maan handles protection matters including judicial review.
Common questions
The questions we hear most.
For protection visa applications and appeals, book with Prateek Maan.
Can I work while my protection visa is being processed?
Usually yes on bridging visa. Work rights vary. Specific circumstances matter.
What if my protection visa is refused?
28-day appeal to ART. Fresh claims and evidence admissible. Specialist representation essential.
Does my family automatically get protection too?
Family members included on the same application. Spouse and dependent children generally covered.
How long does protection visa processing take?
Highly variable. Some applications in months; complex cases take years. Ministerial intervention sometimes available for very long-running matters.
Some information on this page has been sourced from the Department of Home Affairs and has been interpreted and approved by Principal Migration Agent Sourabh Aggarwal (MARN 1462159). Last reviewed: May 2026.