Can I apply for a protection visa if I arrived in Australia by boat?

The rules for people who arrived by boat are complex and have changed significantly over the years. Your eligibility depends on when you arrived and your specific circumstances. I would need to review your situation to advise you properly.

How long does a protection visa application take?

Processing times for protection visas vary significantly depending on the complexity of the case and the Department's workload. Some cases are resolved within months; others take years. I will advise you on the likely timeframe for your case and keep you informed throughout the process.

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Urgent — strict deadlines apply

Protection Visas

Protecting those who need it most.

Nilesh Nandan

Immigration Lawyer · BBus(Accy) LLB MBA · Last updated March 2026

Book a 10-minute chat · $97

Overview

Protection visas (subclass 866) are for people who are in Australia and cannot return to their home country because they face persecution, serious harm, or significant harm. These are among the most complex and high-stakes immigration matters, and I approach them with the utmost care, sensitivity, and legal rigour.

Verify all deadlines independentlyThe protection visas deadlines and time limits referenced on this page are general guidance only and may not reflect your specific circumstances. Appeal periods and response deadlines vary depending on the visa type, the basis of the decision, and how and when the decision was notified to you. Always check your decision letter for the exact deadline that applies to your case and seek independent legal advice before relying on any date. Getting a deadline wrong can permanently affect your appeal rights.

Australia has obligations under the 1951 Refugee Convention and the complementary protection provisions of the Migration Act. A protection visa may be granted if you are a refugee (you face persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion) or if you face a real risk of significant harm (including torture, cruel or inhuman treatment, or degrading treatment).

Protection visa applications require detailed written statements setting out your claims, supported by country information from credible sources. The quality of your written statement is critical — it must be comprehensive, consistent, and credible. I work closely with my clients to prepare statements that clearly articulate their claims and address the legal criteria.

If your protection visa is refused by the Department, you have the right to apply for merits review at the ART. The ART will conduct a fresh review and may hold a hearing where you can present your case in person. I have extensive experience representing clients at protection visa hearings and understand the specific issues that arise in refugee and complementary protection cases.

Key Facts

Visa Subclass866 (Protection)

Legal BasisRefugee Convention + complementary protection

Application FeeFree (no application charge)

Work RightsYes — while application is being processed

ART AppealAvailable if refused by the Department

How I Work — Step by Step

Claims Assessment

I assess your claims against the legal criteria for refugee status and complementary protection.

Statement Preparation

I work with you to prepare a detailed, comprehensive written statement of your claims.

Evidence Gathering

I gather country information and supporting evidence from credible sources.

Application Lodgement

I lodge the protection visa application with the Department.

ART Appeal (if needed)

If refused, I represent you at the ART hearing with detailed submissions and oral advocacy.

What I Do

Assess your eligibility for a protection visa under the Refugee Convention and complementary protection provisions
Prepare a detailed written statement of your claims
Gather supporting evidence including country information from credible sources (DFAT, UNHCR, Amnesty International)
Lodge the protection visa application with the Department
Represent you at ART hearings if the application is refused
Handle complex cases including LGBTQ+ persecution, family violence, sur place claims, and statelessness
Advise on ministerial intervention and complementary protection pathways

Who Is This For?

›People who fear persecution in their home country for reasons of race, religion, nationality, social group, or political opinion
›People who face a real risk of significant harm (torture, cruel treatment, degrading treatment) if returned
›People who have had a protection visa refused and wish to appeal to the ART
›People with sur place claims (claims that arose after leaving their home country)
›Stateless persons who cannot return to any country

Recent Case Outcome

I recently assisted a client from a war-torn country whose Protection Visa (Subclass 866) application was refused. The Department was not satisfied with the client's claims of persecution due to inconsistencies in their testimony. I prepared a detailed submission for the Administrative Review Tribunal (ART), providing corroborating evidence and a psychological report to explain the trauma-related memory issues, which led to the initial inconsistencies. The ART overturned the decision, and my client was granted a Protection Visa, allowing them to rebuild their life in safety in Australia.

* Details anonymized to protect client confidentiality.

Common questions about

What is the difference between a refugee and a protection visa?+

In Australia, the protection visa (subclass 866) is the primary visa for people seeking asylum. It covers both refugees (who face persecution under the Refugee Convention for reasons of race, religion, nationality, social group, or political opinion) and people who face significant harm under complementary protection (including torture, cruel or inhuman treatment, or degrading treatment).

Can I work while my protection visa application is being processed?+

Yes. If you hold a Bridging Visa with work rights while your protection visa application is being processed, you are entitled to work in Australia. I can advise on your specific bridging visa conditions.

What happens if my protection visa is refused?+

If your protection visa is refused by the Department, you have the right to apply for merits review at the ART. The ART will conduct a fresh review of your claims and may hold a hearing. If the ART also refuses, further options may include judicial review in the Federal Court or ministerial intervention.

Can I travel outside Australia on a Protection Visa (Subclass 866) and return?+

As an experienced immigration lawyer, I often get asked about the travel rights associated with a Protection Visa. Once your Subclass 866 Protection Visa is granted, it allows you to remain in Australia permanently. It also includes a five-year travel facility, which means you can leave and re-enter Australia as many times as you wish within that initial five-year period from the date the visa was granted. However, it is crucial to understand that you cannot travel to the country from which you were found to need protection. Doing so could lead to the cancellation of your visa under section 116 of the Migration Act 1958, as it may be perceived that you no longer require Australia's protection. If you need to travel for compelling and compassionate reasons, it is always best to seek legal advice before making any travel arrangements to ensure you do not jeopardise your visa status. I can help you navigate these complexities and ensure you remain compliant with your visa conditions.

What happens if my Protection Visa application is refused?+

A Protection Visa refusal can be a very stressful experience, but it is not necessarily the end of the road. If the Department of Home Affairs refuses your application, you will receive a decision record that outlines the reasons for the refusal. In most cases, you will have the right to have this decision reviewed by the Administrative Review Tribunal (ART). The ART will conduct a merits review, which means they will take a fresh look at the facts, the law, and the evidence you have provided. It is a new hearing of your case. I have represented many clients at the ART. My role is to prepare detailed submissions addressing the Department's refusal reasons, gather new evidence where possible, and represent you at the hearing. It is important to act quickly as there are strict time limits for lodging an appeal. I can provide you with the expert guidance and representation you need to give you the best possible chance of a successful outcome at the ART.