Asylum in Australia: Protection visa (subclass 866) and humanitarian visas

To engage Australia's protection obligations under the Migration Act 1958 you must be a refugee or meet the complementary protection criteria, which protect people who face a real risk of significant harm if returned. For the permanent subclass 866 you must have arrived holding a visa that was in effect and have been immigration cleared at an airport or seaport. Members of the same family unit who are in Australia can apply on the same application.

You cannot make a valid application if you were refused or had a protection visa cancelled since your last arrival, unless the Minister lifts the bar, or if you have ever held a Temporary Protection, Safe Haven Enterprise, Temporary Safe Haven or Temporary (Humanitarian Concern) visa. People who arrived without a valid visa fall under separate arrangements.

The application is made in Australia, online in ImmiAccount or as directed by the department, with the charge of AUD 50. Home Affairs checks identity, nationality and citizenship, may collect biometrics, assesses the protection claims, and requires health examinations through Bupa Medical Visa Services as well as character and security checks. There is no published processing time; responding to requests within the deadlines helps.

Free legal advice and help with Protection visa applications is available through services listed by Home Affairs. If refused, applicants are told in writing whether they can seek merits review; review of protection decisions is carried out by the Administrative Review Tribunal.

A Protection visa holder becomes a permanent resident on the day of grant and can live, work and study in Australia, access Medicare and Centrelink services, attend free English classes if eligible, and propose family members through the offshore Humanitarian Program. Travel is possible for 5 years; Home Affairs advises contacting the Australian Passport Office for a travel document rather than using the passport of the country you fear.

Australia does not accept asylum claims at its embassies. The Refugee visa (subclass 200) is for people subject to persecution who are usually referred by UNHCR; it is free. The Global Special Humanitarian visa (subclass 202) is for people subject to substantial discrimination amounting to gross violation of human rights who are proposed by an eligible person or organisation in Australia, using Form 842. Decisions may take many months or years because applications far exceed places.