Protection Visas
Protecting those who need it most.
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.
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
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?+
Can I work while my protection visa application is being processed?+
What happens if my protection visa is refused?+
Can I travel outside Australia on a Protection Visa (Subclass 866) and return?+
What happens if my Protection Visa application is refused?+
Your Visa Was Refused — What Now?
I wrote a free guide covering the 5 most common refusal reasons, your appeal options, and the deadlines you cannot miss. It is the same advice I give clients in their first meeting.
Need Help with Protection Visas?
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Latest Visa News
All Visa NewsThe information on this page is general in nature and does not constitute legal advice. Thoughts only — not legal advice.