Protection Visa (subclass 866) Application Process in Melbourne

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The Protection Visa (Subclass 866) is designed for individuals who are already in Australia and seek asylum due to fear of persecution or harm in their home country. This visa allows applicants to stay indefinitely in Australia if they meet the refugee or complementary protection criteria under the Migration Act 1958.

Key Benefits of the Protection Visa (Subclass 866):

Permanent Residency: Live and work in Australia permanently.

Family Reunion: Include eligible family members in your visa application.

Access to Services: Access to Medicare, Centrelink, and other government services.

Education: Enrol in educational courses at domestic student rates.

Travel: Travel to and from Australia with a five-year travel facility.

Eligibility Criteria:

To be eligible for the Protection Visa (Subclass 866), you must meet the following criteria:

Presence in Australia: You must be in Australia when you apply for the visa.

Australian Protection Obligations: You must engage Australia’s protection obligations because you are a refugee or meet the complementary protection criteria.

No Protection from Another Country: You must not have protection from another country, such as dual citizenship.

Character and Health Requirements: You must meet the character and health requirements set by the Australian Government.

Regal Migration Services specialises in providing detailed information and expert assistance with Protection Visa Subclass 866 applications, enhancing your chances of securing your right to remain safely in Australia.

FQAs - Protection Visa Application

  • es, in most cases. When you lodge a valid Protection Visa application, you are usually granted a Bridging Visa A (BVA). This bridging visa normally allows you to work and study while your 866 application is under assessment. However, work permits varies on different situation. We recommend you consult an immigration lawyer regarding your specific circumstances.

  • Yes, you can apply for a Protection Visa while holding another valid visa in Australia, provided you meet the eligibility criteria. It’s important to get professional legal advice, as lodging a protection claim can affect your future visa options if your application is refused.

  • Generally, if you apply lawfully while in Australia, you will not be detained. However, you must remain lawful on a bridging visa while your application is processed. Failure to maintain lawful status can increase the risk of immigration detention.

  • ou should provide:

    • A detailed statement of claims explaining your fear of harm,

    • Supporting documents such as identity evidence, police or court records, and country condition reports,

    • Letters from community, religious, or professional organisations supporting your claims.
      Legal advice is highly recommended to ensure your evidence is presented clearly and consistently.

  • Processing times vary widely depending on the complexity of your case and current caseload. Some applications may take many months or even years. During this time, you will generally remain on a bridging visa in Australia.

  • Yes. You can include members of your immediate family who are in Australia at the time of your application. This usually includes your partner and dependent children.

  • If refused, you may be able to appeal the decision to the Administrative Review Tribunal (ART), formerly the AAT, within a strict timeframe. If the ART appeal is unsuccessful, further options such as Ministerial Intervention or judicial review in the Federal Circuit and Family Court may be available.

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