Protection Visa Australia (Subclass 866) — Complete 2026 Guide
What is the Protection Visa?
The Protection Visa (subclass 866) is a permanent visa granted to people who are physically present in Australia and who engage Australia's international protection obligations under the 1951 Refugee Convention or its 1967 Protocol, or who face a real risk of significant harm if returned to their home country. It is the only permanent onshore protection pathway available in Australia.
Protection visa cases are among the most consequential matters in immigration law. A wrong decision can result in a person being returned to a country where they face serious harm. I approach every protection visa case with that weight in mind.
Who is eligible for the Protection Visa?
To be eligible for the Protection Visa (subclass 866), an applicant must satisfy one of the following two grounds:
Ground 1 — Refugee status (Convention protection) The applicant must have a well-founded fear of persecution in their home country for reasons of:
- Race
- Religion
- Nationality
- Membership of a particular social group
- Political opinion
The fear must be well-founded (meaning there is a real chance of persecution, not merely a possibility) and the applicant must be unable or unwilling to avail themselves of the protection of their home country. (Migration Act 1958, s.36(2)(a); 1951 Refugee Convention, Article 1A(2))
Ground 2 — Complementary protection Even if the applicant does not meet the refugee definition, they may be eligible for complementary protection if there are substantial grounds for believing that, as a necessary and foreseeable consequence of being removed from Australia, there is a real risk that the applicant would suffer significant harm, including:
- Arbitrary deprivation of life
- The death penalty
- Torture
- Cruel or inhuman treatment or punishment
- Degrading treatment or punishment
- Be physically present in Australia at the time of application
- Not be a person to whom Australia has protection obligations under s.36(2B) (the "bar" provisions applying to certain unlawful non-citizens)
- Meet health and character requirements
How to apply for the Protection Visa
Step 1: Lodge the application The application must be lodged online through ImmiAccount. The application fee is $40 AUD. The applicant must be physically in Australia at the time of lodgement.
Step 2: Receive a Bridging Visa Upon lodging a valid application, the applicant is generally granted a Bridging Visa A, which allows them to remain lawfully in Australia while the application is processed. The Bridging Visa A may include work rights depending on the applicant's circumstances.