Protection Visa (Subclass 866): A Complete Lawyer’s Guide to Your Protection Claim
By Nilesh Nandan – Australian Immigration Lawyer, MyVisa® Immigration Lawyers
This blog is intended for discussion purposes only and does not constitute advice. You should seek independent legal advice before relying on any information provided on this site.
Immigration policies, systems, and processes can change without notice. I’d like to know your own experience with the immigration challenges noted above — feel free to contact me.
Table of Contents
- What Is a Protection Visa?
- Who Is Eligible for a Protection Visa?
- The Two Legal Pathways: Refugee & Complementary Protection
- How to Prepare Strong Protection Claims
- The Evidence You Must Provide
- How the Protection Visa Process Works
- Travel Restrictions – Can You Go Back to Your Home Country?
- How Long Does a Protection Visa Last?
- TPV vs SHEV vs Permanent Protection Visa (866)
- Common Mistakes People Make
- Protection Visa Checklist
- Real Examples From My Practice
- After Grant: PR, Citizenship & Family Visas
- What to Do If Your Protection Visa Is Refused
- Frequently Asked Questions
- Book a Consultation
What Is a Protection Visa?
A Protection Visa (Subclass 866) allows you to stay in Australia permanently if you fear serious harm in your home country. If granted, you can:
- live in Australia permanently
- work and study
- access Medicare
- apply for Centrelink support (if eligible)
- bring family through permanent visa pathways
- apply for citizenship when eligible
But the process is not simple — the Department will assess every detail of your life story, your country’s situation, your fears, your evidence, and your credibility.
Who Is Eligible for a Protection Visa?
To qualify for protection, you must show that you cannot return to your home country because you fear:
- persecution (e.g., harming, targeting, discrimination)
- serious harm
- death penalty
- torture
- cruel or inhumane treatment
- violation of your basic human rights
This fear must be based on one or more of the five legal “Refugee Convention grounds”:
- race
- religion
- nationality
- political opinion
- membership of a particular social group
Alternatively, you may qualify for Complementary Protection if you face significant harm even if your situation does not fit under the Refugee Convention.
Two Legal Pathways to Protection
1. Refugee Protection
You must prove that you fear persecution specifically because you are part of a legally recognised group.
2. Complementary Protection
If you do not meet the Refugee Convention criteria, you may still qualify if you would face:
- execution
- torture
- arbitrary punishment
- inhumane treatment
I regularly help clients who are eligible under one or both categories.
How to Prepare Strong Protection Claims
This is the heart of your application. The Department will examine your claim word by word, line by line. A good statement is:
- clear – no contradictions or confusion
- detailed – specific dates, names, events, incidents
- consistent – matches what you told Immigration before
- supported by evidence
- credible – believable, honest, logical
Your written statement must explain:
- your personal history
- what happened to you
- why you fear returning
- whether you tried to get help from police or government
- whether the harm could happen again
What Evidence Do You Need?
The Department expects supporting documents wherever possible. Evidence may include:
- police reports
- medical records
- photos of injuries or threats
- letters from witnesses or community leaders
- newspaper reports about persecution in your region
- religious or political membership documents
- social media messages showing threats
You don’t need every document — but the more credible evidence you provide, the stronger your application becomes.
How the Protection Visa Process Works
The protection visa process follows these stages:
1. Lodging the application
You can apply online through ImmiAccount. Once you lodge a valid application, you may receive a bridging visa allowing you to stay lawfully in Australia while your case is assessed.
2. Interview with the Department
Most protection applicants must attend an interview. This is your chance to explain your story in detail. The officer will ask about your past, your fears, your behaviour in Australia, and any contradictions in your statements.
3. Department decision
If your application is approved, you receive permanent protection. If refused, you may be able to appeal to the Administrative Review Tribunal (ART).
4. ART review
The Tribunal will review your case independently. This often involves a new hearing where you can give further evidence.
5. Federal Circuit and Family Court of Australia (Division 2)
If the Tribunal makes an error of law, you may take the matter to court.
Travel Restrictions – Can You Go Back to Your Country?
This is one of the biggest questions people ask me:
“Can I go back to my country after getting a protection visa?”
The short answer: No — not if you still fear harm.
If you return to your home country, the Department may believe:
- your fear was not genuine
- you no longer need protection
- you misled the Department
This can lead to visa cancellation.
If you must travel urgently (to a third country, not your home country), you may apply for a Return Travel Document (RTD). But this is a sensitive issue — always get advice first.
How Long Does a Protection Visa Last?
The Protection Visa 866 is a permanent visa.
You can live in Australia indefinitely, travel in and out, apply for citizenship, and bring family members when eligible.
TPV vs SHEV vs Permanent Protection Visa (866)
| Visa Type | Work Rights | Travel | Permanent Residency? |
|---|---|---|---|
| Temporary Protection Visa (TPV 785) | Yes | Limited | No – temporary only |
| Safe Haven Enterprise Visa (SHEV 790) | Yes | Limited | No – but possible pathways exist |
| Permanent Protection Visa (866) | Yes | Yes | Yes |
Common Mistakes People Make
- Giving short or vague statements
- Not explaining contradictions
- Copying stories from the internet
- Relying on fake documents
- Travelling back to the home country
- Not updating the Department when things change
- Missing deadlines for AAT review
Some of these mistakes can destroy an otherwise strong case.
Protection Visa Checklist
| Requirement | Completed? |
|---|---|
| Detailed written statement | □ |
| Documents proving identity | □ |
| Evidence supporting persecution claims | □ |
| Country information research | □ |
| Explained inconsistencies | □ |
| Prepared for the interview | □ |
Real Examples From My Practice
Example 1: Political activist targeted by authorities
A young man involved in peaceful protests was arrested and beaten by local police. After release, he was threatened repeatedly. We prepared a clear political opinion claim supported by media articles and evidence of his activism. He received permanent protection.
Example 2: Woman fleeing domestic violence where police refused to help
Her harm was linked to membership of a particular social group: “women unable to leave abusive relationships in her country.” The claim succeeded under Complementary Protection.
Example 3: Religious minority threatened by extremists
We demonstrated the government could not protect him against extremist groups. His claim was accepted based on religion.
After Grant: PR, Citizenship & Family Visas
After receiving a Protection Visa:
- You are a permanent resident.
- You may apply for citizenship after meeting the residency test.
- You may sponsor eligible family members.
- You can work and study with full rights.
However, you must avoid returning to your home country or re-availing yourself of home-country protection (for example, renewing a home-country passport). These actions can put your protection visa at risk.
If Your Protection Visa Is Refused
You may still have options, but time limits are strict. Read my guides:
If refused, you may be able to apply for ART review. If the Tribunal makes a legal error, your next step may be the Federal Circuit Court.
Frequently Asked Questions
Can I apply for PR after a Protection Visa?
The Protection Visa 866 is already a permanent visa.
Can I go back to my country?
No. This may lead to cancellation.
How long does a Protection Visa last?
It is permanent.
Can I apply for a partner visa after getting protection?
Yes, once you are a permanent resident.
Can a Protection Visa be cancelled?
Yes. Returning to your home country or providing false information are common reasons for cancellation.
Does a Protection Visa lead to citizenship?
Yes. After meeting residency requirements, you may apply.
Book a Consultation
You can book a consultation with me if you need help preparing your protection visa application or responding to a refusal or cancellation.
Immigration policies, systems, and processes can change without notice. I’d like to know your own experience with the immigration challenges noted above — feel free to contact me.
MyVisa: Nilesh Nandan, Attorney at Law
BBus(Accy) LLB(QUT) GDLP MBA(IntBus)
Head of Practice
