Seeking protection in Australia?
Protection Visa (Subclass 866): Permanent protection for people who are refugees or owe complementary protection under Australian law. I prepare comprehensive applications addressing the legal criteria under the Migration Act and the Refugee Convention.
Temporary Protection Visa (Subclass 785): Temporary protection for people who arrived in Australia without a valid visa and are found to engage Australia's protection obligations. Provides temporary work rights and access to some services.
Safe Haven Enterprise Visa (Subclass 790): Temporary protection with access to work rights and study in regional Australia. Designed to encourage settlement in regional areas. A pathway to longer-term protection.
ART Tribunal Review (ART Review): Merits review of refused protection visa applications at the Administrative Review Tribunal. I prepare comprehensive submissions addressing all grounds for protection and represent you at hearings.
Federal Court Review (Judicial Review): Judicial review of ART decisions in the Federal Circuit Court and Federal Court. I identify jurisdictional errors and run the application to hearing for protection visa matters.
Ministerial Intervention (s.351 / s.195A): Last resort applications requesting the Minister to exercise personal discretion in protection matters. Since 17 September 2025 requests are assessed against ten specific criteria (the former s.417 power was repealed in 2025).
Convention grounds
- Race: Persecution based on race, colour, descent, or national or ethnic origin.
- Religion: Persecution based on religion, religious belief, or religious practice.
- Nationality: Persecution based on citizenship or membership of a national group.
- Political Opinion: Persecution based on actual or imputed political opinion, including opinion attributed to you.
- Particular Social Group: Persecution based on membership of a particular social group — a complex legal concept with a significant body of case law.
The process
Tell me your story: In your consultation, I listen carefully to your circumstances. I identify the legal basis for your protection claim and give you an honest assessment of your prospects under Australian law.
I prepare your application: I prepare a comprehensive written statement of your claims, gather supporting evidence, and address the legal criteria in detail. A well-prepared application gives you the best chance at first instance.
Department interview and decision: I prepare you for your Department interview and advise you on what to expect. If the Department refuses your application, I advise immediately on your review options and time limits.
Review and appeals if needed: If your application is refused, I can represent you at the ART, in the Federal Circuit Court, or apply for ministerial intervention. You pay for each stage as we proceed — no large upfront retainer.
Questions and answers
Who is a refugee under Australian law?
Under Australian law, a refugee is a person who is outside their country of nationality and has a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and cannot or does not want to avail themselves of the protection of their country. The definition is based on the 1951 Refugee Convention and is interpreted through a substantial body of Australian case law.
What is complementary protection?
Complementary protection applies to people who do not meet the strict Refugee Convention definition but face a real risk of significant harm if returned to their country — including torture, cruel or inhumane treatment, or arbitrary deprivation of life. Australia's complementary protection obligations are set out in the Migration Act and are assessed alongside refugee claims.
Can I apply for a protection visa if I arrived on a tourist or student visa?
Yes. People who arrived in Australia lawfully on a valid visa (such as a tourist, student, or work visa) can apply for a protection visa (subclass 866) onshore. The process is different from that for people who arrived without a valid visa. I can advise on the specific requirements and process for your circumstances.
What happens if my protection visa application is refused?
If the Department of Home Affairs refuses your protection visa application, you may have the right to apply for review at the Administrative Review Tribunal (ART). Time limits apply — generally 28 days from notification of the decision. If the ART also affirms the refusal, judicial review in the Federal Circuit Court may be available if there was a legal error. I advise on all available options at each stage.
How long does a protection visa application take?
Processing times for protection visa applications vary significantly depending on the complexity of the claims, the country of origin, and the Department's current caseload. The Department of Home Affairs publishes indicative processing times on their website. A complete, well-prepared application avoids delays caused by requests for additional information.
Can my family members be included in my protection visa application?
Yes. Your partner and dependent children who are in Australia can generally be included as secondary applicants in your protection visa application. Family members outside Australia may be able to apply separately once you have been granted protection. I advise on the best approach for your family's circumstances.
How much does a protection visa application cost?
The Department of Home Affairs charges application fees for protection visa applications. As at April 2026, there is no application fee for the subclass 866 protection visa for the primary applicant (verify on the Home Affairs website — fees change). Professional legal fees depend on the complexity of your matter. I operate on a milestone payment model — no large upfront retainer. I provide a written proposal before any work begins.
Does MyProtectionVisa provide legal advice?
MyProtectionVisa is operated by MyVisa Lawyers. Nilesh Nandan is a practising immigration lawyer with 27 years of experience who provides legal advice on protection visa matters. General information on this website is not legal advice — for advice specific to your circumstances, book a consultation.